The Beagle Editor,
Please correct me if I am wrong but my understanding of Local Government is that the councillors are voted with the delegated authorities vested in them by the NSW State Government via the instrument of the Local Government Act and all the other NSW Government Acts that apply such as Health, Safety and Planning.
Another of these Acts is the Roads Act that comes under the Minister for Transport and Roads, Andrew Constance.
When councillors take up their role they delegate their authority to their employee, the general manager, and through her the delegations are passed down to appropriate staff.
The Minister for Transport and Roads vests his authority to the newly elected councillors and in the case of roads decrees, under State Law, that the new council are the road authority responsible for the functions conferred on it by the Roads Act 1993 and any other Act or law and that the Council is the roads authority for all public roads within its Local Government area.
That authority is then passed on, through the General Manager, to the officer given the delegated duty to abide by the Roads Act 1993 and any other Act or law on behalf of the councillors as representatives of the Minister.
If the above is correct, and please correct me if I am wrong, then I move to my question.
"How is it that the Minister for Transport and Roads, Andrew Constance, has allowed Eurobodalla councillors to ignore the Roads Act for almost two years by taking no action against a local farmer who has illegally erected a gate across a public road in the state of NSW that comes under his authority?"
From what I can determine the councillors and delegated staff have ignored their delegated duty, vested in them by the Minister for Transport and Roads, Andrew Constance, to immediately remove the illegal gate when notified and have continued to ignore the community appeals to have the gate removed. The Eurobodalla councillors have been informed on numerous occasions that the gate is illegally erected yet they have failed, under their delegated obligations to the Roads Act 1993, bestowed upon them by the Minister for Transport and Roads, Andrew Constance, to have staff, under that delegation immediately remove the fixture.
The issue of the Coopers Island Road gate has been very public across our local media including ABC South East and 2EC. The local Tuross Head Progress Association has raised the issue with Council as has the Recreational Fishing Trust and the local cultural fishers. Yet the local member, Andrew Constance, who is also the Minister for Transport and Roads has sad nothing and, in doing so, has allowed the councillors, under his delegation to ignore the law that clearly states that an unapproved gate (by Permit) can not be erected across a Public Road.
So please, correct me if I am wrong but surely there must be a very good reason why the local member being the Minister for Transport and Roads responsible for the Roads Act and any other Act or law to do with NSW roads, Eurobodalla Councillors given delegation to enact those Acts and laws and staff who have been nominated to perform the duties of delegation have all failed to see an illegal gate removed for nearly two years.
Is this what we have come to expect?
I look forward to being told if I am wrong in my expectations that somebody in authority, with authority, actually represents and stands by the Law.
The gate continues to stand.
Name and address supplied
