Yarra City Council is obliged to comply with the Road Management Act, which is an Act of the Parliament of Victoria. Sections of that Act are also supported by sections of the Transport Integration Act and the Local Government Act. Here we examine how Council has obligations under the Act to support infrastructure for cycling.
Road Management Act 2004
Section 20 Principal object and management principles
(1) The principal object of road management is to ensure that a network of roads is provided primarily for the movement of persons and goods as part of an integrated transport system and that road reserves are available for other appropriate uses.
(1A) In giving effect to the principal object of road management consistent with the transport system objectives under the Transport Integration Act 2010, the road network is to be managed to reflect the priorities of different modes of transport having regard to the intended function or functions of different parts of the road network.
(1B) Subject to subsection (1C), priority is to be given to the following modes of transport in respect of the specified roads for that mode of transport—
- trams on specified tram roads;
- buses on specified bus roads;
- bicycles on specified bicycle roads;
- pedestrians on specified pedestrian roads;
- freight on specified freight roads;
- any other mode of transport on specified roads for that mode of transport.
(2) The following principles apply in respect of the management of works and infrastructure under this Act—
- the minimisation of road safety hazards;
- the avoidance or minimisation of damage or disruption to infrastructure on roads;
- the avoidance or minimisation of disruption to plans for the development of road infrastructure and non-road infrastructure;
- the avoidance or minimisation of disruption to traffic;
- (a) the priority of different modes of transport on specified roads;
- the avoidance or minimisation of disruption to the effective and efficient delivery of utility and public transport services;
- the efficient use of resources of road authorities and infrastructure managers and the minimisation of cost to the community of infrastructure and services.
In our opinion, this means: allocating space and priority on specified bicycle roads, i.e. defined Strategic Cycling Corridors, so that cycling is safe on a cohesive network of cycleways.
Transport Integration Act 2010
Section 8 Social and economic inclusion
The transport system should provide a means by which persons can access social and economic opportunities to support individual and community wellbeing including by—
- minimising barriers to access so that so far as is possible the transport system is available to as many persons as wish to use it;
In our opinion, this means: building a cohesive network of safe cycleways so that people of all ages and abilities and people on low incomes can access a low-cost and safe mode of transport.
Section 9 Economic prosperity
The transport system should facilitate economic prosperity by—
- enabling efficient and effective access for persons and goods to places of employment, markets and services;
- increasing efficiency through reducing costs and improving timeliness;
In our opinion, this means: building a cohesive network of safe cycleways so that people of all ages and abilities and people on low incomes can access a low-cost and safe mode of transport.
Section 10 Environmental sustainability
The transport system should actively contribute to environmental sustainability by—
- protecting, conserving and improving the natural environment;
- avoiding, minimising and offsetting harm to the local and global environment, including through transport-related emissions and pollutants and the loss of biodiversity;
- promoting forms of transport and the use of forms of energy and transport technologies which have the least impact on the natural environment and reduce the overall contribution of transport-related greenhouse gas emissions;
In our opinion, this means: building a cohesive network of safe cycleways so that many more people can choose a form of transport with zero emissions of greenhouse gas.
Section 11 Integration of transport and land use
(1) The transport system should provide for the effective integration of transport and land use and facilitate access to social and economic opportunities.
(2) Without limiting the generality of subsection (1), transport and land use should be effectively integrated so as to improve accessibility and transport efficiency with a focus on—
- maximising access to residences, employment, markets, services and recreation;
- planning and developing the transport system more effectively;
- reducing the need for private motor vehicle transport and the extent of travel;
- facilitating better access to, and greater mobility within, local communities.
(4) Without limiting the generality of subsection (1), the transport system should improve the amenity of communities and minimise impacts of the transport system on adjacent land uses.
In our opinion, this means: building a cohesive network of safe cycleways so that many more people can choose to cycle, especially for shorter journeys in inner city areas, instead of needing to use a private vehicle, thereby reducing the impacts of noise and toxic air pollution.
Section 13 Safety and health and wellbeing
(1) The transport system should be safe and support health and wellbeing.
(2) Without limiting the generality of subsection (1), the transport system should—
- seek to continually improve the safety performance of the transport system through—
- safe transport infrastructure;
- safe forms of transport;
- safe transport system user behaviour;
- avoid and minimise the risk of harm to persons arising from the transport system;
- promote forms of transport and the use of forms of energy which have the greatest benefit for, and least negative impact on, health and wellbeing.
In our opinion, this means: building a cohesive network of safe cycleways so that many more people can choose to cycle instead of needing to drive, thereby minimising the risk of road trauma to other road users, and providing the greatest benefit to health and wellbeing.
Section 15 Principle of integrated decision making
The principle of integrated decision making means seeking to achieve Government policy objectives through coordination between all levels of government and government agencies and with the private sector.
In our opinion, this means: local government council are obliged to comply with state policy, including the Victorian Cycling Strategy and Victoria’s Active Transport Plan, which highlight the need to build a cohesive network of safe cycleways.
Local Government Act 2020
Section 8 (1) The role of a Council is to provide good governance in its municipal district for the benefit and wellbeing of the municipal community.
Section 9 (2) (a) Council decisions are to be made and actions taken in accordance with the relevant law;
Section 9 (2) (f) collaboration with other Councils and Governments and statutory bodies is to be sought;
Section 88 (1) A Council must maintain a Community Vision
Section 89 (2) (b) strategic planning must address the Community Vision;
Section 88 (3) A Community Vision must describe the municipal community’s aspirations for the future of the municipality.
In our opinion, this means: building a cohesive network of safe cycleways, considering that:
- the municipal community has clearly and repeatedly indicated that safety and cycling are priorities, particularly via feedback on the Community Vision
- state government law and policy gives priority to bicycles on specified bicycle roads
Conclusion
Councils must comply with Acts of the Parliament of Victoria, including:
- Road Management Act
- Transport Integration Act
- Local Government Act
In our opinion, Councils must demonstrably have regard to objectives that indicate the construction of a cohesive network of safe cycleways, particularly along Strategic Cycling Corridors. In contrast, Yarra’s present Council, elected in late 2024, has cancelled planned investments in cycling infrastructure, and degraded an existing cycleway along a Strategic Cycling Corridor, demonstrating a cynical disregard for the intent of the Acts.