Public gates and by-pass grids have existed in this Shire for many years without formal approval. Council is now seeking to both formalise the approval of these structures and to make gate and by-pass (grid) owners aware of their obligations and responsibilities under the Roads Act 1993 and the Roads (General) Regulation 2000.

Under the provisions of the Road Act and the Roads (General) Regulation the occupier of the land benefiting from the gate and by-pass is responsible for the maintenance of the gate, the by-pass, the road twenty (20) metres either side of the gate and associated signposting. That is, the occupier of the land whose stock is not fenced in is responsible for meeting the legislative requirements. Also, public gates and by-passes cannot be erected without the issue of a Permit by Council.

At present a $50 (fifty dollar) one-off fee is being charged by Council for the issue of the Permit and erection of the necessary advance "Grid" warning signs, as contractor to the grid owner(s). This offer is only available for a limited time.

Where gate and by-pass owners notify Council that they wish the structure to be removed rather than be issued with a Permit, Council will undertake this work at no cost to the owner(s).

Where gate and grid owners are unwilling to undertake works to ensure the compliance of these structures with the Roads Act and Regulation a Permit will not be issued and the structures will be removed at the owner(s) cost in accordance with the provisions of sections 130 and 136 of the Roads Act. Gates and by-passes for which no ownership is claimed will also be removed.

As you will see from the information contained in the Application Form, the Roads Act provides for substantial fines for not complying with legislative requirements, not to mention the risk of being sued should an accident occur involving the gate/grid.

Where land is leased the responsibility for this requirement under the Roads Act can be passed on to the lessee for action.

Council is aware that the formalisation of gate and by-pass approval may cause difficulties for some farmers. However, because of insurance and liability issues Council has no choice but to proceed with this action.

Application forms may be obtained by telephoning Council on (02) 6451 1195 or download an application form.

View the Gates & Grids Policy here.