All local government roads should be properly maintained

Eligibility - Queensland residents
Principal Petitioner:
Gary Duffy
723 Clarendon Road
CLARENDON QLD 4311
Total Signatures - 784
Sponsoring Member: The Clerk of the Parliament
Posting Date: 30/8/2022
Closing Date: 25/11/2022
Tabled Date: 29/11/2022
Responded By: Hon Dr Steven Miles MP on 16/12/2022
TO: The Honourable the Speaker and Members of the Legislative Assembly of Queensland

Queensland residents draws to the attention of the House local governments in Queensland are erecting signs on roads calling them Unmaintained roads in order to remove their responsibility of maintaining the roads to properties from which they receive rates and fees.

Part 1 Division 3 of the Local Government Act 2009 (Qld)(LGA2009) Roads, does not give the council any authority to classify any road as unmaintained. LGA 2009 60 (1)(2)(b) says” (1) A local government has control of all roads in its local government area. (2) This control includes being able to—... b) construct, maintain and improve roads;

The Act does not say that the local government can let assets such as roads to fall into disrepair and become impassable. 

Pursuant to s.3.1.3 roads under the Land Act 1994, Department of Natural Resources, Mines and Energy SLM/2013/725, Version 5.00, 2 July 2020, a road is considered still needed when: … it gives the only practical access to a parcel of land whether or not there is some other dedicated access to such land; By the local government classifying a road as unmaintained the council has effectively closed the road and is blocking access to private properties. Section 101(3) states that the Minister must refuse a road closure application if this is the case. 

Your petitioners, therefore, request the House to ensure local governments do not classify a road as unmaintained where it is needed to access land and ensure property owners have fair and safe access to their properties.