Is the road you're on, a road, or not a road? (W.A.)

Submitted: Saturday, May 26, 2018 at 17:05
ThreadID: 136766 Views:1491 Replies:4 FollowUps:4
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I see a few posts occasionally where people are asking about whether a track is a defined road, or just a track, or a station road - or something else.

The W.A. Dept of Regional Development and Lands has produced a good brochure, explaining how W.A. roads are defined, gazetted, proclaimed, legislated, or created.

As always, there's no simple explanation, and no simple answer to the "road" question - but the brochure goes some way towards explaining the terribly-convoluted process of defining a road.

Part of the problem of course, is the large number of Govt Depts and bodies, and other Govt authorities, who have input into road creation, road use, and road repair and maintenance.

It may surprise some people that virtually all station roads in W.A. (i.e. those on pastoral leases) - apart from gazetted, proclaimed and named roads - are private roads belonging to the station lessee, and permission to use those roads is normally expected, from those wishing to use those roads.

After all, the station lessee is normally the one responsible for maintaining those roads, and they are normally put in place and used for station purposes.

A rather interesting point I found out recently, is the fact that 92% of W.A. is still Crown Land - meaning that freehold land (including Aboriginal Lands) still only makes up a relatively small area of the State.

As a general rule of thumb, the surveyed "road reserve" for the majority of the older surveyed roads in W.A. is the old "1 chain" (20M approx). In the 1930's, many road surveys moved to 2 chain roads (40M approx).

Major roads in the earlier surveys were often 2 chain roads - and in some of the newer developed wheatbelt areas, you will quite often find 5 chain and 10 chain road reserves.
These wider road reserves were surveyed with the aim of leaving substantial amounts of roadside vegetation to preserve the original native habitat, as it was realised by the early 1960's, that the narrower road reserves, along with overclearing of farmland, was decimating the native habitat.

Here's the link to the brochure -

W.A. - Creation of a Road

Cheers, Ron.
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Reply By: RMD - Saturday, May 26, 2018 at 17:19

Saturday, May 26, 2018 at 17:19
Ron
Do you mean the last sentence, should be expected to be received from the owner "by" those wishing to use those roads?
If the person wanting to use the roads can give permission then everyone can travel there.
AnswerID: 619176

Follow Up By: Ron N - Saturday, May 26, 2018 at 17:37

Saturday, May 26, 2018 at 17:37
Sorry RMD, I left out "gaining" in front of "permission". Need to improve my proof-reading.

Cheers, Ron.
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Reply By: Kumunara (NT) - Saturday, May 26, 2018 at 17:33

Saturday, May 26, 2018 at 17:33
Australian Road Rules.

12 What is a road
(1) A road is an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.
Note
Motor vehicle is defined in the dictionary.
(2) However, unless the contrary intention appears, a reference in the Australian Road Rules (except in this Division) to a road does not include a reference to:
(a) an area so far as the area is declared, under another law of this jurisdiction, not to be a road for the Australian Road Rules; or
(b) any shoulder of the road.
(3) The shoulder of the road includes any part of the road that is not designed to be used by motor vehicles in travelling along the road, and includes:
(a) for a kerbed road – any part of the kerb; and
(b) for a sealed road – any unsealed part of the road, and any sealed part of the road outside an edge line on the road;
but does not include a bicycle path, footpath or shared path.
Note
Bicycle path is defined in rule 239, edge line and footpath are defined in the dictionary, and shared path is defined in rule 242.
13 What is a road-related area
(1) A road-related area is any of the following:
(a) an area that divides a road;
(b) a footpath or nature strip adjacent to a road;
(c) an area that is not a road and that is open to the public and designated for use by cyclists or animals;
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles.
Note
Vehicle is defined in rule 15.
(2) However, unless the contrary intention appears, a reference in the Australian Road Rules (except in this Division) to a road-related area includes a reference to:
(a) an area so far as the area is declared, under another law of this jurisdiction, to be a road-related area for the Australian Road Rules; or
(b) any shoulder of a road; or
(c) any other area that is a footpath or nature strip as defined in the dictionary;
but does not include a reference to an area so far as the area is declared, under another law of this jurisdiction, not to be a road-related area for the Australian Road Rules.
Note
Shoulder is defined in rule 12.
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Follow Up By: Frank P (NSW) - Saturday, May 26, 2018 at 22:21

Saturday, May 26, 2018 at 22:21
It's simple. A road is a road except when it's not a road. Thank you Sir Humphrey. Lol
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Follow Up By: Ron N - Sunday, May 27, 2018 at 10:24

Sunday, May 27, 2018 at 10:24
And then there are those so-called "roads", that should be re-designated as "goat tracks"! LOL
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Reply By: GarryR - Sunday, May 27, 2018 at 08:25

Sunday, May 27, 2018 at 08:25
I am about to travel up near the Gammon Ranges in S.A. The route i intend to take shows it as a road on the Hema Map. I contacted the Station owners ( 2 separate stations) some weeks ago and the statement was, "these are internal station roads for staff use only". Now that being said, I also explained what I wished to do and where I was going. His statement back to me was yes you may drive on your intended route, and told me of the road conditions at the time as he was grading some tracks/roads now. He also thanked me for contacting him to ask permission, and said I wish more people would do just that. This is mainly due to stock mustering, tracks no longer there and still on the map, and bore tracks that take you nowhere.
Also he knows who is on the property for safety of his staff, who might racing around not knowing your on the other side of the crest. He also asked me to log onto the station frequency so I knew if someone was within my vicinity. I think if you intend to drive on station tracks, it is only courtesy to ask. This is my own personal opinion and do not wish to get into a slanging match on the forum on my beliefs.
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Follow Up By: Ron N - Sunday, May 27, 2018 at 10:23

Sunday, May 27, 2018 at 10:23
GarryR - Spot on. I personally think a general lack of courtesy on all roads (and tracks) is behind 90% of our road and track problems.

All the station owners I've come across, like to know who's driving around their property, and why they are there.

The problem for all genuine travellers is trying to determine whether a road across a station, is a station track, or a gazetted road.

The general indicator is, if it appears the local Shire has been maintaining it, it's a gazetted road.

Cheers, Ron.
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FollowupID: 891431

Reply By: Dean K3 - Sunday, Jun 10, 2018 at 10:03

Sunday, Jun 10, 2018 at 10:03
No mention of the "other roads" that are prevalent esp in the pilbara region.

These being mine haul roads and railway access roads - railway access is permitted but a permit must be obtained 1/2 hour safety video to be watched gold coin donation to the RFDS allowing 30 day access

Haul roads generally NO GO zone period although I have heard of a haul road in goldfields were they simply ask you to call on a specific UHF CB ch and announce your location (distance marker) and direction of travel.

Water authority access roads which follow the pipelines and specifically thinking of the millstream -karratha one are very much NO GO routes - it used to be a good short cut to gregory gorge further west of the NP (not that I have been to gorge but hear of good reviews) been locked up and you have to use variety of railway access tracks and then get another permit from local community
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