Thursday, Mar 05, 2020 at 14:06
Bazooka - You can definitely spend a lot of money on lawyers arguing about "reasonable exercise of power/s".
In W.A., a road is Proclaimed by being declared such, in the W.A. Govt Gazette ("gazetted").
There are numerous roads in W.A. that have been surveyed, but have never been proclaimed as roads, because they were planned, but never installed (formed up).
These un-gazetted roads are relatively common in agricultural and pastoral areas. They are often used to access
farm paddocks via a track along the road reserve survey.
All surveyed roads in W.A. are shown on the LandGate Map Viewer Plus, which shows all land titles in W.A., as
well as railway
reserves and road
reserves. Each road reserve has a land title.
The earliest road
reserves (1800's to early 1900's) were surveyed at a nominal 1 chain wide (20 metres) for most roads.
Roads deemed to become major thoroughfares (highways) were surveyed at greater widths.
Later on, regular road
reserves were surveyed at a nominal 2 chains wide (40 metres), as the realisation struck
home, with increasing traffic speeds and larger vehicles, that the nominal 1 chain width roads were inadequate.
In the 1960's with the release of blocks of land in the W.A. wheatbelt for farming, that were formerly treated as "marginal land", there were numerous new roads surveyed (and installed and gazetted) at 5 chains and 10 chains wide.
All roads are under the control of the local council, except where a road has been declared a Main Road or Freeway, whereby it then comes under the control of Main Roads W.A. (formerly the Dept of Main Roads W.A.)
The public roads through Aboriginal Lands are under the control of the local councils (which are usually Aboriginal-run councils).
These councils receive Govt grants and other specific road monies, to maintain and upgrade the roads within their jurisdiction.
The entire road reserve is treated as a public road, even when there is no road formation on it.
I was involved in much Shire Council contracting work in the 1960's,
clearing road
reserves for road widening purposes, and stockpiling road base for same.
I had the interesting exercise, whereby when
clearing for road widening in that era, the road was left open to traffic, and I operated the dozer on the (gravel) road formation, knocking down roadside trees and pushing them along the road, to a suitable position for piling up and burning.
Vehicles were merely stopped while I was on the road with the dozer, and I then cleared a path for traffic to continue on their way.
Then the local lawman started showing interest in what we were doing, and advised that the dozer was required to be licenced to be on the road reserve!
Inquiries revealed he was correct, it was deemed necessary to have the dozer registered for 3rd party insurance cover, in case someone collided with it.
The licence (registration) issued was a "plant and equipment" 3rd party licence only - which meant the dozer could not meet regular road vehicle registration requirements, but it was still road-registered, and became recognised as a road vehicle under 3rd party insurance law.
I got a number plate for each dozer working on the roads when doing this construction work, and then I could let the licence lapse for any period when the dozer wasn't working on the roads (which was about 7 to 8 mths of the year).
I could renew the 3rd party plant licence for operating on roads, any time I wanted, with no inspection of the dozer needed, just the issuing of a new plate, and paying the small licence fee.
Since that time, all plant working on road and road
reserves is now required to have a plant and equipment registration and number plate, even though traffic may be diverted away from the road, due to road works.
Cheers, Ron.
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