Private Roads - Public Access

Submitted: Tuesday, Aug 03, 2004 at 13:15
ThreadID: 15257 Views:3090 Replies:8 FollowUps:5
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Guys,

What's the deal here?? My last two experiences were in the Brindabella's where we followed a few tracks which were clearly public access, and ended up exiting out of a track which had a gate (never had one at the entry end, and until the gate, I thought I was still on public land) - but reading the sign on the entry side of the gate (I was exiting), it said "private property" and/or "no through road"

What's the go?? I didn't really have too much of a drama as far as if I'd been approached, would have explained the same story as in first para..

But my problem is, that if entering from the other side of the gate (the one where the sign is visible), I probably would have gone around...

When is a road private or public???
Cheers,

Ivan
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Reply By: Baz (NSW) - Tuesday, Aug 03, 2004 at 13:35

Tuesday, Aug 03, 2004 at 13:35
There was probably a gate there originaly where you accessed the private road but over time the owner has just got sick of replacing it when it has been ripped down.
AnswerID: 71057

Reply By: Truckster (Vic) - Tuesday, Aug 03, 2004 at 14:07

Tuesday, Aug 03, 2004 at 14:07
There was a thread on this a while ago here, about the brindabellas.

It was actually posted by IF I remember correctly, the person that owned the private land in the area. It was due to the "HOON" element, that they blocked it.

Try searching the site for it, it was posted in relation I think to that dude got done by National parks and wildfires for ripping the place to pieces, and killing wildlife etc (you wonder why they close it...)
AnswerID: 71062

Follow Up By: Wazza (Vic) - Tuesday, Aug 03, 2004 at 16:02

Tuesday, Aug 03, 2004 at 16:02
I remember the same, but wasn't it on Outerlimits?
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Follow Up By: Truckster (Vic) - Tuesday, Aug 03, 2004 at 23:00

Tuesday, Aug 03, 2004 at 23:00
could have been...
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Reply By: Member - Jeff M (WA) - Tuesday, Aug 03, 2004 at 15:12

Tuesday, Aug 03, 2004 at 15:12
The Gnangara pines in WA have similar stupidty. Gates and fences all over the place in a gazzeted off road recreation area. You drive in on a road you are allowed on, follow tracks where you are supposadly allowed to be and then end up at a welded gate and fence! WTF?
Or even better you are cruising along a sand track minding your own business thinking you are following all the rules when you end up and a sign post saying "leaving dieback area" WTF, I didn't even know I was in one!!
Up in the hills is good too, being good, then drive past a sign facing the other way that says "water catchment area, trespassers prosecuted". eh?
Then they whinge that nobody cares for the environment and that people break the rules and don't care. ...
AnswerID: 71075

Follow Up By: Member - Ivan (ACT) - Tuesday, Aug 03, 2004 at 15:20

Tuesday, Aug 03, 2004 at 15:20
Jeff,

You've got it mate - exactly the problem - so what if you had come the OTHER way...

Anyway - if they are obviously public roads (ie have a name like "Doctors Flat Road", "Two Sticks Road" on all the maps), what's the deal with land owners putting up gates??

I understand if it is cattle etc - leave gate as found...

But when they put signs up saying 'Private Property' - is it, or isn't it... THAT is my question ;-)
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Ivan
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Reply By: Member - Wim (Bris) - Tuesday, Aug 03, 2004 at 15:15

Tuesday, Aug 03, 2004 at 15:15
Ivan (ACT)

We have found the same thing on our travels.
Consider this, at what speed do people pass the homestead while on dirt road. The dust must drive the residents mad. My wife's family are from the country and that is one of there big beefs.

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AnswerID: 71076

Reply By: Charlie - Tuesday, Aug 03, 2004 at 16:59

Tuesday, Aug 03, 2004 at 16:59
In many cases there was never a public road constructed even though it might be marked on a map and you cannot really blame the landholder for not wanting to do the extra maintenance involved in allowing the public access. On the other hand if there is some government body maintaining the road there is really no legal excuse for the landholder gate the road. You can get maps indicating the right of way but in a lot cases a bush track will wander outside the road reserve and I guess you could be considered a tresspasser.
Charlie
AnswerID: 71090

Reply By: duncs - Tuesday, Aug 03, 2004 at 17:49

Tuesday, Aug 03, 2004 at 17:49
I have come across two differnet circumstances involving public access. The first was in the Brindabellas where National Parks or some other Gov body organised public access through private land. All was fine until the new local manager refused to pay for the upkeep of the road on the private land. The owner locked the gate and lots of people got dirty on him when it was not really his fault.

The second was on the North coast of NSW where a ranger kept locking a gate that provided access to a State Forest. The locals I asked about it told me he was a turkey and that I should smash the gate open I didn'y want to take that risk so missed out on driving that part of the coast. Don't know what happened in the long run, just know that I was pretty dirty on the man with the key.

Duncs
AnswerID: 71106

Reply By: Outnabout David (SA) - Tuesday, Aug 03, 2004 at 21:09

Tuesday, Aug 03, 2004 at 21:09
Ivan,

It is a problem theses days because far to often a few people wreck it for the responsible ones and this is not just in 4wd things.....socioety in general.

Now we have things like farmwatch because people are stealing equipment etc from the farming community.

In SA a large portion of the state is Pastoral Lease land and a procedure is in place to ask permission from the lessee to traverse their land.
Click Here

and we also have what are known as PAR's where legislation is in place to covered parts of the leased land for areas of significance
and click here

There are 18 PAR's. Basically these PAR's take some indemnity issues away from the land lease holder and guarantees access to some significant points of interest.

Seems to work OK I haven't been refused access yet to anywhere covered by these area's. To my knowledge it is only an SA thing where where lead the way.
AnswerID: 71146

Follow Up By: V8troopie - Wednesday, Aug 04, 2004 at 00:10

Wednesday, Aug 04, 2004 at 00:10
Thanks David, your link answered a question I was wondering about.
Klaus
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Reply By: Michael - Wednesday, Aug 04, 2004 at 08:53

Wednesday, Aug 04, 2004 at 08:53
Hi All, I actually camped past that sign about 18 months ago, The sign is high in an old tree, it says' road closed', normally road closed is only there if heavy rain has affected the road or driving on it will damage it. Later in the afternoon an irate 'weekend farmer' came down on his motorbike and abused us for camping on his land. Its an interesting story, have no time at the moment but i will post a new post and maybe we can get to the bottom of this Brindabellas saga.. its a grey area. Michael
AnswerID: 71204

Follow Up By: Michael - Wednesday, Aug 04, 2004 at 08:55

Wednesday, Aug 04, 2004 at 08:55
ivan, the other end of that road is from the national park.
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