The Central Highlands Regional Council is responsible for the control, care and management of all public roads within the local government area, including a number of rural roads.
However when it comes to approved gates and grids on council’s rural road network, the responsibility for installation and ongoing maintenance shifts to the landholder.
This policy is regulated by council’s Subordinate Local Law No.4 Local Government Controlled Areas, Facilities and Roads Amendment 2014.
A grid is a structure designed to permit the movement of pedestrian or vehicular traffic along a road, but prevent the passage of livestock.
Under the local law, a responsible person for a gate or grid installed across a road means:
the person who installed the gate and/or grid; and
the person for whose use or benefit the gate and/or grid were installed; and
the person who has the benefit of the gate and/or grid installed across the road.
Common sense dictates that persons in close proximity to a gate or grid, who use the gate or grid on a regular basis, benefit from the installation of the relevant gate or grid.
If council is unable to identfy a responsible person, as defined above, and unable to take enforcement action, council may simply remove the gate or grid at council’s cost as part of its normal road maintenance activities.
The applicant must complete and return an application form to council detailing:
In addition, the applicant proposing to install a gate or grid must advise council of the date and time of installation, as well as any impacts on pedestrian or vehicular traffic and materials, equipment and vehicles to be used when installing the gate or grid.
Application forms are available by contacting council.
The cost of installation of all gates and cattle grids across council roads is to be borne by the applicant.
The applicant must complete and return an application form to council detailing:
The gate or grid must not result in:
The applicant will receive a written notice regarding the outcome of their application.
If approved, a number of conditions can be imposed on the approval holder.
Most importantly, these conditions require the landholder to:
A full list of conditions will be provided with the approval.
The term of an approval will be determined by council, taking into regard the information submitted by the applicant. This term will be specified in the written approval notice.
Renewals and extensions may also be applied for.
A grid is a structure designed to permit the movement of pedestrian or vehicular traffic along a road, but prevent the passage of livestock.
Under the local law, a responsible person for a gate or grid installed across a road means:
the person who installed the gate and/or grid; and
the person for whose use or benefit the gate and/or grid were installed; and
the person who has the benefit of the gate and/or grid installed across the road.
Common sense dictates that persons in close proximity to a gate or grid, who use the gate or grid on a regular basis, benefit from the installation of the relevant gate or grid.
If council is unable to identfy a responsible person, as defined above, and unable to take enforcement action, council may simply remove the gate or grid at council’s cost as part of its normal road maintenance activities.
The applicant must complete and return an application form to council detailing:
In addition, the applicant proposing to install a gate or grid must advise council of the date and time of installation, as well as any impacts on pedestrian or vehicular traffic and materials, equipment and vehicles to be used when installing the gate or grid.
Application forms are available by contacting council.
The cost of installation of all gates and cattle grids across council roads is to be borne by the applicant.
The applicant must complete and return an application form to council detailing:
The gate or grid must not result in:
The applicant will receive a written notice regarding the outcome of their application.
If approved, a number of conditions can be imposed on the approval holder.
Most importantly, these conditions require the landholder to:
A full list of conditions will be provided with the approval.
The term of an approval will be determined by council, taking into regard the information submitted by the applicant. This term will be specified in the written approval notice.
Renewals and extensions may also be applied for.