2016-09-06 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                           6 SEPTEMBER 2016



REPORTS FOR CONSIDERATION OF THE COMMITTEE


1                        CONSTRUCTION OR MAINTENANCE OF UNCONSTRUCTED ROADS POLICY
DOCUMENT INFORM AT ION




Author                                Civil Operations Manager, Allan Hull
                                      Planning & Infrastructure Department

Index                                 ECM/Subject/Governance & Executive/Council Policies

Attachments                           1.    Proposed Council Policy – Construction or Maintenance of
                                            Unconstructed Roads


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Civil Operations Manager to the Services & Organisation
Committee Meeting dated 6 September 2016 and adopt the Construction or Maintenance of
Unconstructed Roads Policy as provided at Attachment 1 to the report.


REPORT
Pursuant to Section 60 of the Local Government Act 2009, Council has control of all roads in the
local government area other than State-controlled roads under the Transport Infrastructure Act
1994. This includes the capacity to take all necessary steps for construction, maintenance and
improvement of roads.

The Local Government Act defines “road” as:
(a)                      an area of land dedicated to public use as a road; or
(b)                      an area that –
                         (i)    is developed for, or has as one of its main uses, the driving or riding of motor
                                vehicles; and
                         (ii)   is open to, or used by, the public; or
(c)                      a footpath or bicycle path; or
(d)                      a bridge, culvert, ford, tunnel or viaduct.
However, a road does not include –
(a)                      a State-controlled road; or
(b)                      a public thoroughfare easement.


It should be noted, that not all properties with legal access via a dedicated road reserve have
practical access by means of a constructed road.

A constructed road is a road constructed to comply with Council’s Engineering Design Standards
for the use of the public for the driving or riding of motor vehicles for which Council has accepted
responsibility for the on-going maintenance.

                                                                                                   Page 3 of 47