Gates and Stock Grids Policy on Public Roads

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THIS CONSULTATION IS NOW CLOSED

Council adopted the Grids and Gates Policy at the 26 May 2021 Council meeting, to come in to effect from 1 July 2021.

The adopted Policy had a 12-month implementation timeframe from 1 July 2021 to 1 July 2022 for:

Council staff to determine ownership of existing grids and gates on Council roads where ownership is uncertain. At the end of that period, Council may remove a grid or gate where ownership has not been clarified; and

Existing grid and gate owners to upgrade, repair, remove or replace non-compliant grids and bring them into compliance with the policy as approved on 26 May 2021. All associated costs were to be the responsibility of the grid or gate owner.

Upon adoption of the Policy at the 26 May 2021 meeting Council undertook engagement activities with landowners who may be affected by the implementation of the Policy as approved. During this engagement a number of questions arose from landowners relating to responsibilities for maintenance and public liability insurance. As a result of these queries, Council undertook additional an review of the Policy and determined that changes to the Policy are required.

Considering feedback from landowners and Council’s insurer, Council staff delayed the determination of grid ownership which in turn impacted the implementation of the existing policy. At the 29 June 2022 Council meeting, Council resolved to:

a. Refer POL087 – Gates and Stock Grids on Public Roads and public feedback to the Connected Region Key Pillar Working Group to discuss and make comment on proposed grid ownership, maintenance liabilities and transition options;

b. Extend the ownership nomination period for an additional 12 months for Council staff, in consultation with the relevant working group, to determine ownership of existing grids and gates on Council roads where ownership is uncertain.

c. Extend the current transition period for an additional 12 months from the 1st July 2022 for existing grid and gate owners to upgrade, repair, remove or replace non-compliant grids and bring them into compliance with the updated policy POL087, noting all associated costs are currently the responsibility of the grid or gate owner as per the policy.

As reported at the 21 May 2021 Council meeting, there is a need to harmonise the policy on grids and gates on public roads of the former Armidale-Dumaresq and Guyra Shire Councils. In the former Guyra Shire Council area, there were 80 stock grids on public roads. The property owner was responsible for installation and maintenance of the grid and associated signs plus maintenance of the road for a distance of 20 metres on both sides of the grid. In the former Armidale-Dumaresq Council area, there were 205 stock grids on public roads. The owner was required to pay for the installation of a grid, but Armidale Dumaresq Council was responsible for maintenance of the road and the grid. Where grids were found to be no longer required, they were removed from the road by Council, and in some cases given to the landowner if they wanted to reuse them on their own land.

In the preparation of the Policy as adopted by Council on 26 May 2021, consultation was undertaken with by GHD on behalf of Council on the draft policy with the Armidale and Guyra branches of the NSW Farmers’ Association. Following adoption at the 26 May 2021 Council meeting, a large amount of public feedback on the policy and its implementation has been received. Grid and gate condition and ownership has not yet been determined for all grids and gates.

Following the feedback, legal advice was sought to:

a) Conduct a legal review of Gates and Stock Grids on Public Roads (adopted on 26 May 2021) (the Policy) to consider whether it is consistent with relevant legislation including the Roads Act (1993), Roads Regulation (2018), Dividing Fences Act (1991) and Local Government Act (1993).

b) Answer the following questions

i. Who has ownership of grids when they are installed on roads for which Council is the roads authority;

ii. Who is liable in relation to maintenance and repairs to the grids; and

iii. Who is liable in the instance that damage is caused by the grids.

The advice is included as a confidential annexure to the report. In summary, the advice provided is as follows:

a) Council's Policy is generally consistent with the Roads Act (1993), Roads Regulation (2018) and other legislation. However, there are amendments to the Policy which should be made to ensure the Policy is fully consistent with legal requirements.

b) In relation to the specific questions asked by Council, we provide the following advice:

i. Council retains ownership of grids when they are installed on roads for which Council is the roads authority;

ii. In relation to liability for maintenance and repairs:

a. The occupier of the land is liable in relation to maintenance and repairs to public gates and grids installed pursuant to Part 9 Division 2 of the Roads Act (1993) (a permit granted for a public gate or by-pass);

b. The person who has a right to control, use or benefit from the public gate or grid is liable to carry out maintenance and repairs in relation to public gates and grids installed pursuant to Part 9 Division 2 of the Roads Act (1993) (a permit granted for a public gate or by-pass), or Part 9 Division 3 (a consent granted for other works and structures).

iii. If damage is caused by the grids it is the responsibility of the persons noted above to attend to the maintenance and repair of the grid. From the advice it is clear that the structures in the roadway should be treated similar to other structures for which Council grants approvals under Section 138 of the Roads Act (1993) such as retaining walls, signage and other structures.

The legal advice regarding ownership does not cite reference to any legislation. The legislated process for application for permit, installation and maintenance obligations being the responsibility of the benefiting landholder all point to the ownership of the structure being that of the benefiting landholder.

A revised version of the policy incorporating the legal advice has been prepared for public exhibition.

At the ordinary Council Meeting held on Wednesday 26 April 2023 council resolved to place the revised Gates and Stock Grids on Public Roads Policy on public exhibition for 28 days from Friday 28 April to Thursday 25 May 2023.

Send in a submission:
Submissions are invited and must be addressed to the General Manager, Armidale Regional Council, PO Box 75A, Armidale NSW 2350 or sent by email to council@armidale.nsw.gov.au

Submissions close Thursday 25 May 2023

Please be aware that if you make a submission, other people may have access to your comments and your name. This may be as a result of a report to a Council meeting. Reports to Council Meetings are available to the public.

THIS CONSULTATION IS NOW CLOSED

Council adopted the Grids and Gates Policy at the 26 May 2021 Council meeting, to come in to effect from 1 July 2021.

The adopted Policy had a 12-month implementation timeframe from 1 July 2021 to 1 July 2022 for:

Council staff to determine ownership of existing grids and gates on Council roads where ownership is uncertain. At the end of that period, Council may remove a grid or gate where ownership has not been clarified; and

Existing grid and gate owners to upgrade, repair, remove or replace non-compliant grids and bring them into compliance with the policy as approved on 26 May 2021. All associated costs were to be the responsibility of the grid or gate owner.

Upon adoption of the Policy at the 26 May 2021 meeting Council undertook engagement activities with landowners who may be affected by the implementation of the Policy as approved. During this engagement a number of questions arose from landowners relating to responsibilities for maintenance and public liability insurance. As a result of these queries, Council undertook additional an review of the Policy and determined that changes to the Policy are required.

Considering feedback from landowners and Council’s insurer, Council staff delayed the determination of grid ownership which in turn impacted the implementation of the existing policy. At the 29 June 2022 Council meeting, Council resolved to:

a. Refer POL087 – Gates and Stock Grids on Public Roads and public feedback to the Connected Region Key Pillar Working Group to discuss and make comment on proposed grid ownership, maintenance liabilities and transition options;

b. Extend the ownership nomination period for an additional 12 months for Council staff, in consultation with the relevant working group, to determine ownership of existing grids and gates on Council roads where ownership is uncertain.

c. Extend the current transition period for an additional 12 months from the 1st July 2022 for existing grid and gate owners to upgrade, repair, remove or replace non-compliant grids and bring them into compliance with the updated policy POL087, noting all associated costs are currently the responsibility of the grid or gate owner as per the policy.

As reported at the 21 May 2021 Council meeting, there is a need to harmonise the policy on grids and gates on public roads of the former Armidale-Dumaresq and Guyra Shire Councils. In the former Guyra Shire Council area, there were 80 stock grids on public roads. The property owner was responsible for installation and maintenance of the grid and associated signs plus maintenance of the road for a distance of 20 metres on both sides of the grid. In the former Armidale-Dumaresq Council area, there were 205 stock grids on public roads. The owner was required to pay for the installation of a grid, but Armidale Dumaresq Council was responsible for maintenance of the road and the grid. Where grids were found to be no longer required, they were removed from the road by Council, and in some cases given to the landowner if they wanted to reuse them on their own land.

In the preparation of the Policy as adopted by Council on 26 May 2021, consultation was undertaken with by GHD on behalf of Council on the draft policy with the Armidale and Guyra branches of the NSW Farmers’ Association. Following adoption at the 26 May 2021 Council meeting, a large amount of public feedback on the policy and its implementation has been received. Grid and gate condition and ownership has not yet been determined for all grids and gates.

Following the feedback, legal advice was sought to:

a) Conduct a legal review of Gates and Stock Grids on Public Roads (adopted on 26 May 2021) (the Policy) to consider whether it is consistent with relevant legislation including the Roads Act (1993), Roads Regulation (2018), Dividing Fences Act (1991) and Local Government Act (1993).

b) Answer the following questions

i. Who has ownership of grids when they are installed on roads for which Council is the roads authority;

ii. Who is liable in relation to maintenance and repairs to the grids; and

iii. Who is liable in the instance that damage is caused by the grids.

The advice is included as a confidential annexure to the report. In summary, the advice provided is as follows:

a) Council's Policy is generally consistent with the Roads Act (1993), Roads Regulation (2018) and other legislation. However, there are amendments to the Policy which should be made to ensure the Policy is fully consistent with legal requirements.

b) In relation to the specific questions asked by Council, we provide the following advice:

i. Council retains ownership of grids when they are installed on roads for which Council is the roads authority;

ii. In relation to liability for maintenance and repairs:

a. The occupier of the land is liable in relation to maintenance and repairs to public gates and grids installed pursuant to Part 9 Division 2 of the Roads Act (1993) (a permit granted for a public gate or by-pass);

b. The person who has a right to control, use or benefit from the public gate or grid is liable to carry out maintenance and repairs in relation to public gates and grids installed pursuant to Part 9 Division 2 of the Roads Act (1993) (a permit granted for a public gate or by-pass), or Part 9 Division 3 (a consent granted for other works and structures).

iii. If damage is caused by the grids it is the responsibility of the persons noted above to attend to the maintenance and repair of the grid. From the advice it is clear that the structures in the roadway should be treated similar to other structures for which Council grants approvals under Section 138 of the Roads Act (1993) such as retaining walls, signage and other structures.

The legal advice regarding ownership does not cite reference to any legislation. The legislated process for application for permit, installation and maintenance obligations being the responsibility of the benefiting landholder all point to the ownership of the structure being that of the benefiting landholder.

A revised version of the policy incorporating the legal advice has been prepared for public exhibition.

At the ordinary Council Meeting held on Wednesday 26 April 2023 council resolved to place the revised Gates and Stock Grids on Public Roads Policy on public exhibition for 28 days from Friday 28 April to Thursday 25 May 2023.

Send in a submission:
Submissions are invited and must be addressed to the General Manager, Armidale Regional Council, PO Box 75A, Armidale NSW 2350 or sent by email to council@armidale.nsw.gov.au

Submissions close Thursday 25 May 2023

Please be aware that if you make a submission, other people may have access to your comments and your name. This may be as a result of a report to a Council meeting. Reports to Council Meetings are available to the public.

Page last updated: 26 May 2023, 08:59 AM