Many submissions suggest that the Policy provides too much discretion to Council staff particularly in changing road categories, deciding whether to maintain unmaintained roads, interpreting intended asset condition and responding to hazards or complaints. Submitters believe this creates risk of inconsistent decision-making, disputes, appeals, and legal exposure.

Response:

Council is required under the Roads Act 1993 to inspect roads, assess condition and make objective decisions regarding road works. The revised Policy clarifies that reactive works are based on inspection and risk assessment, and that any change of three or more categories requires a Council resolution, strengthening governance and oversight.

Residents reject a system where roads that are not on the scheduled grading list are automatically classed as unmaintained. They view this as being unfair, may be a permanent exclusion, lacks transparency about how roads were classified, and fails to consider roads with existing residents, daily access needs and emergency access reliance. Several submitters request a full assessment of these roads before any policy is finalised.

Response:

The description for Maintained and Unmaintained Roads has been changed to Scheduled and Unscheduled Roads, with direct reference to publicly available road lists and links to Council website for clarity. The Policy now clearly distinguishes planned maintenance from reactive maintenance, with condition assessments and verified hazards informing decisions

Many believe the Council Minimum Construction Standards of 6m road width, 125mm gravel depth, and full drainage and concrete structures will make it impossible for unmaintained roads to ever be added to the network, especially in remote existing settlements.

Response:

The Policy clarifies that these standards will only apply to new or non-Council roads being added to the Scheduled Road network. Existing Scheduled Roads remain operational even where they do not meet these Council minimum standards.

There are frequent references in the submissions to ambulances being unable to reach properties, bushfire evacuation risks, delivery by Australia Post or supplier refusals, and road conditions causing vehicle damage and accidents. Residents argue roads are an essential service, not discretionary.

Response:

The Policy has been strengthened to state that damage and hazards verified by Council are a key consideration in prioritising road works. It acknowledges that some roads operating below minimum standards remain safe and serviceable and are included in the Scheduled Roads list.

Multiple submissions suggest the Policy does not provide clarity to residents because there is no list or map of all maintained/unmaintained roads, traffic counting data (AADT) is rarely or inconsistently collected, and different sections of the same road have different categories with no explanation.

Response:

The list of Scheduled and Unscheduled Unsealed Roads is on Council’s website, and Grading programs are reported to Council on a quarterly basis. Council’s Service Statements further detail the key performance and levels of service for road maintenance and road works.While the Unscheduled Roads list may not yet be comprehensive, it represents Council’s best available data and will be updated as information is validated.

Many stated that the Policy ignores sealing entirely, and sealing a road is essential for long-term safety and reduced maintenance cost particularly for heavy-traffic rural link roads considered priority candidates

Response:

Sealing is outside the scope of this Policy. Sealing a road is assessed separately under broader Asset Management Planning, the Transport Investment Policy and Framework.

Some view the draft as a mechanism to cut services despite significant rate increases, and question Council’s spending priorities compared with road maintenance.

Response:

The Policy’s objectives are to establish guidelines for the carrying out of road works on Unsealed Council Roads. Budget limitations place constraints on desired levels of service. This Policy notes that an appropriate level of management for Unsealed Council Roads has regard to Council’s resourcing constraints and the intended asset condition of any road as determined by Council.

Several submissions cite the Roads Act 1993 and Civil Liability Act 2002, asserting that Council maintains a duty of care toward roads used by the public and cannot shift responsibility to residents.

Response:

It is for this reason that changes have been recommended for the current Unsealed Roads Policy. The former “Category 10 – Unmaintained Roads” terminology has been removed, reflecting Council’s responsibility for all road assets. While the Policy enables others to seek approval to undertake road works, responsibility for the road remains with Council as the roads authority.