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Public Road


A Public Road is any area of land that is a highway for the purposes of the common law.



Victorian Road Management Act 2004

The Victorian Road Management Act 2004 states that a road is a public road if it is —

  • a freeway; or;
  • an arterial road; or
  • declared under section 204(1) of the Local Government Act 1989, or;
  • which is a public road under the Road Management Act 2004;
  • declared under section 61 or 93H of the Melbourne City Link Act 1995; or
  • declared under section 143 of the Mitcham-Frankston Project Act 2004; or
  • a road which the relevant coordinating road authority has made a decision that the road is reasonably required for general public use and
  • registered it on its register of public roads; or
  • a non-arterial State road under section 14(1) by VicRoads; or
  • a municipal road declared under section 14(1) by VicRoads.
Note: a road set aside as a road in a plan of subdivision registered under the Subdivision Act 1988 is not a public road for the purposes of Road Management Act 2004 unless and until a decision is made.


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