Where gates and grids are allowed, they must be installed, managed and maintained to an appropriate and consistent standard which minimises any safety risk to road users. This does not apply to gates and grids at property entrances, or on property boundaries, provided that the gate and grid does not encroach on the road reserve. As a preferred position, we discourage the use of gates and grids where possible. However, it is acknowledged that gates and grids may be required under certain circumstances for primary production purposes.
The applicant is required to comply with the following conditions and specifications as part of the permit to work within the road reserve (if the permit is granted). If there is more than one applicant, all of the applicants are jointly and severally bound by the conditions of the permit. The permit may contain additional conditions and if it does, those additional conditions will apply to the exclusion of the conditions below, to the extent of any inconsistency.
- If the applicant is a partnership, the applicant authorises the person named as the Contact Person of this application to act on the applicant’s behalf.
- The permit takes effect when granted and for the period specified.
- The permit lapses on the earliest of:
- the completion of the work authorised by the permit; or
- the date specified in the permit itself; or
- the expiry of the Public Liability Risk Insurance policy as mentioned in section 7 of this application (unless proof of renewal is provided to Council); or
- Council cancelling the permit due to a failure to meet the conditions of the permit.
- If the permit lapses, the applicant is not released from liability for not meeting any outstanding obligations.
- Subject to any conditions on the permit, the applicant must ensure that the works are carried out strictly in accordance with the information submitted to Council in or accompanying, or in connection with, this application.
- The applicant will minimise obstruction and inconvenience to the public. The applicant will not carry out the work at a time or in a manner that will cause undue inconvenience to the public.
- The applicant will pay the application fees, noting that payment does not constitute permission to undertake the work. If permission is granted, a permit will be issued covering the work.
- The applicant will locate all existing services in the work vicinity prior to commencement of works and comply with the requirements of Ergon, Telstra and Council for work adjacent to lines/cables/services and service pits.
- The applicant will check with “Dial Before You Dig” (www.1100.com.au or telephone: 1100) and obtain the accurate location of services. Subject to the proximity of the services, service providers may require representatives on site, prior to the commencement of excavation. The permit does not constitute permission to connect to Council’s pits and underground services. The applicant must obtain written permission from Council prior to the connection to Council’s pits or other underground drainage system.
- The applicant will be liable for all damage to existing services.
- The applicant is solely liable for and hereby indemnifies and saves harmless Council from and against all liability, actions, claims, penalties, losses, damage and expense which may be incurred by or brought against or made upon Council or which Council may pay, sustain or be put to by reason of, or arising out of or in the course of or in connection with either directly or indirectly:
- the exercise by the applicant of its rights under the permit to work within the road reserve; or
- a negligent, wilful or wrongful act, omission or conduct of the applicant or of anyone for whom the applicant is responsible (including an employee, agent or contractor of the applicant); or
- the applicant or anyone for whom the applicant is responsible (including an employee, agent or contractor of the applicant) being on the road reserve under or purportedly under the authority of the permit; or
- the granting of the permit; or
- the imposition or enforcement, or non-imposition or non-enforcement, by Council of any conditions of the permit provided that the applicant's liability to indemnify the Council is reduced to the extent that the Council caused or contributed to the liability, actions, claims, penalties, losses, damages and expense.
- This indemnity extends to liability, actions, claims, penalties, losses, damage and expense in respect of:
- personal injury or death; and
- damage to or loss of property; and
- economic loss; and
- every other kind of liability, actions, claims, penalties, losses, damage and expense including consequential losses.
- This indemnity applies not only to a liability, action, claim, penalty, loss, damage or expense asserted or enforced or claimed against Council by a third party, but also to one asserted or enforced or claimed against Council by the applicant and by anyone for whom the applicant is responsible (including an employee, agent or contractor of the applicant). The applicant releases Council from any liability, action, claim, penalty, loss, damage or expense covered by this indemnity. The applicant's total maximum liability under this indemnity is limited in the aggregate to $10,000,000.
- The applicant will ensure that pedestrian and vehicular traffic is controlled in accordance with the Queensland Main Roads Manual of Uniform Traffic Control Devices Part 3 - Works on Roads and Office of Industrial Relations - Wokplace Health and Safety Queensland Traffic Management for Construction or Maintenance Work Code of Practice 2008 and will take all reasonable precautions and measures to ensure pedestrian and vehicular safety including, but not limited to, barricades, safety lighting, warning devices and other approved means of providing adequate pedestrian and vehicular access.
- The applicant will be responsible for the cleaning of all roadway and adjacent properties affected by the works. At the relevant time, the applicant will reinstate the work site to its original condition at no cost to Council. The applicant will ensure that reinstatement is completed within seven (7) days of the gate and grid being removed. If damage results in a safety issue, then repairs are to be undertaken immediately or as directed by Council.
- The applicant will have the permit for this work available for inspection on demand by authorised persons.
- The applicant warrants that all plant and equipment used in conjunction with the works will be used strictly in accordance with the manufacturer’s specifications.
- The applicant acknowledges and accepts that “completion” means removal of all closure/detour devices and resumption of normal road and road reserve conditions.
- The applicant will comply with its legal obligations, including but not limited to the provisions of the Work Health and Safety Act 2011, the Environmental Protection Act 1994, Traffic Management for Construction or Maintenance Work Code of Practice 2008, Local Laws (including but not limited to Subordinate Local Law 1.15 (Carrying Out Works on a Road or Interferring with a Road or its Operation) 2011, separate Council approvals and consents and relevant contracts. The applicant accepts that the permit does not relieve the applicant or the applicant’s employees, agents or associates of these legal obligations.
- The applicant will pay all costs and expenses associated with repairs and reinstatement work due to the implementation of the requirements of the permit.
- If requested by Council, the applicant will forward a copy of its Road Signing Checklist (see Traffic Management for Construction or Maintenance Work Code of Practice 2008 Appendix 3) in relation to the works to Council for the duration of the works. The diary must note the location, time of erection and removal of roadwork signage along with any incidents and weather conditions.
- The applicant will not undertake works during peak periods on high volume roads as defined by Council. If works continue overnight, the applicant will ensure that appropriate long term signage and delineation layout is used.
- If the works involve a temporary road closure, the applicant will obtain a Road Closure Permit from the Queensland Police Service for the duration of the works and comply with all requirements and conditions of the Road Closure Permit. The applicant will submit a copy of the Road Closure Permit promptly on issue. The applicant will place a public notice advertisement in the local newspaper advising of all details of the closure, the day of and, if required by Council, the day prior to the closure.
- The applicant will ensure that all vegetation within the limits of work is retained and not damaged, with the exclusion of the removal of trees that may impede safe road use. Chemical type materials including oil, paint, bituminous products, fuels and cement/concrete must not be placed or dumped near vegetation. In accordance with Subordinate Local Law 1.15 (Carrying Out Works on a Road or Interferring with a Road or its Operation) 2011 the applicant will be responsible for the replacement of any damaged vegetation.
- Erosion and sedimentation control – The applicant will carry out works necessary to control erosion and sedimentation and/or the loss and movement of soil during the period of construction. Such works include and are not limited to, the construction of sediment fences, earth berms and temporary drainage designed to prevent sediment being transported to adjoining properties, roads and/or drainage systems. All disturbed areas shall be mulched or turfed/grassed as soon as possible during construction. The applicant will comply with the following:
- Erosion and sedimentation controls must be implemented as necessary, and must be maintained at all times during the course of the work. Should the proposed controls prove to be ineffective then Council will require the applicant to install additional measures.
- Measures must be put in place to prevent site vehicles tracking sediment and other pollutants onto adjoining streets during the course of the work.
- Stockpiles of topsoil, sand, aggregate, spoil, or other material capable of being moved by the action of wind or running water must be stored clear of drainage paths, with appropriate measures to prevent entry into either the road and/or drainage system.
- Should it be necessary for the road and/or drainage system to be reinstated or cleaned up due to erosion and/or sedimentation from the site, such works shall be at the applicant’s expense. If necessary, such works shall be undertaken immediately without notice to the applicant where there is a potential hazard to pedestrians and/or passing traffic.
To apply for a new gate and/or grid use:
- Roads - Gates and grids application form (online)
- Roads - Gates and grids application form and information sheet (PDF for print) - For new gates and grids complete part A checklist.
To transfer ownership of a registered gate or grid use:
- Roads - Gates and grids transfer of ownership form (online)
- Roads - Gates and grids transfer of ownership application form (PDF for print).
The permit holder is responsible for carrying out regular inspections to ensure the structure/s comply with our standards. The frequency of these inspections is at the permit holder’s discretion, having regard to the prevailing condition and age of the particular gate and grid. Additionally, the permit holder is responsible for carrying out an annual compliance inspection of the gate, or gate and grid to ensure it conforms to the specified standards. We will advise the permit holder in writing when the inspection is due. This notification will include the gate and grid condition report and information sheet and an invoice for the scheduled fee.
Failure to maintain the gate and grid according to approval conditions and/or undertake annual compliance inspections will constitute a breach of the approval permit and result in prosecution according to Parts 5 and 6 of Local Law No. 1 (Administration) 2011. The permit holder will be instructed to rectify all defects of the gate and grid in accordance with the timelines as specified in the gate and grid condition report and information sheet. Failure to rectify the defects within the specified time will result in the removal of the defective structure/s. Costs associated with the removal and reinstatement of the road will be recoverable from the permit holder.
Where a gate or gate and grid is deemed to be in a dangerous or unsafe condition we may carry out immediate remedial works which may include the temporary filling or complete removal of the gate, or gate and grid. The structure/s may be temporarily repaired by us at the permit holder’s cost.
Staff will inspect all gates and grids without notice as part of the routine road network inspections and/or as verification audits of the permit holder’s annual compliance inspection and/or in the absence of receiving a gate and grid condition report from the permit holder within the prescribed time. Staff will also respond to any complaints or requests received in relation to specific gates and grids. Any condition defects observed during the course of such inspections will be advised to the permit holder in writing.
To remove a gate and grid and apply for assistance in fencing use:
- Roads - Fencing contribution and gates and grids removal form (online)
- Roads - Fencing contribution and gates and grids removal form (for print)
To prove adjoining landholder consent use:
- Roads - Gates and grids adjoining landholder consent (PDF for print)
To submit a gate and/or grid condition report use:
- Roads - Gates and grids condition report form (PDF for print). For existing gates and grids that haven't been registered complete part B checklist, and gates and grids condition report.