Thread: Gate Access Questions

Originally Posted by S3ute

Shouldn't be any confusion - the road is either gazetted or it isn't.

The relevant Lands Department will have the records

...which brings me back to the root of my conundrum.
I was looking at a topographic map which was drawn by the australian government cartographers. So 'gazetted' can be construed in a number of ways.

In some of the areas around your location could well be that locked gates are put up by a those gardening types that specialise in plants that look like tomatoes

Originally Posted by UncleHo

In some of the areas around your location could well be that locked gates are put up by a those gardening types that specialise in plants that look like tomatoes

And who may get very unfriendly if disturbed unexpectedly!

John

Originally Posted by Toxic_Avenger

. So 'gazetted' can be construed in a number of ways.

Not really - a road is officially gazetted as a public thoroughfare or not even if there is no physical sign of the thing and it does or doesn't appear on a map - but forget the maps, they date. Plus the map scale is relevent, change the scale (1:100,000 cf 1:250,000) and some roads fall off a map........... Also, the gazeted roads on our farm didn't appear on your typical topo map. Or even if they did, once they were freeholded and ungazetted they might still be appearing on an older map.

If in doubt ask Lands - they gazette the roads, or remove them if they are freeholded etc.

Cheers,

Originally Posted by Toxic_Avenger

How does one find a public gazetted road?
I've got topographical maps which show a road as having a gate, but upon reaching it, full of signs with 'trespassers prosecuted', 'if you can read this, you are within range', and 'cross this line, and be the next one to be prosecuted'. Furthermore the road appears to be a valid road between 2 small villages.

Confusion abounds.

No Trespassing signs have no standing a NSW court we don't have trespass laws the act concerned is

http://www.legislation.nsw.gov.au/in...6-cd2aa066614e
a definition of a road is in the act.

Signs that imply you will be shot and I seen some too can get a persons fire arms lic cancelled on the spot

Cheers Booger!
It's always best to go back to first principles when it comes to this.
I never knew any action / claims against a individual had to be settled within 2 months, and that a settlement with the claimant direct was considered fine in lieu of a court appearance (if I'm reading that right).

At least its in black and white- for inclosed land, the road is excluded from the land when it passes thru.
I'd think that if you have reasonable cause to be on the road if you can provide proof that you are on a prescribed road (ie map, GPS etc). Assuming you don't leave that road, and don't fool around, then claiming innocence would probably get you out of 99% of confrontations.
Worst case, you'd be stung for max 5 penalty units at $170 per unit ($850)
Fine for giving a false name / address is $85

Originally Posted by THE BOOGER

No Trespassing signs have no standing a NSW court we don't have trespass laws the act concerned is

Not quite true - I have been charged with wilful trespass in NSW but was not convicted on a technicality (the court could not work out which property I was on) but did have to pay court costs.

Originally Posted by garrycol

Not quite true - I have been charged with wilful trespass in NSW but was not convicted on a technicality (the court could not work out which property I was on) but did have to pay court costs.

What did you do? Cut the lock off a gate, then flip the bird to the property owner?
Would be interesting to know how willful trespassing is worked out, especially if you have reason to believe that you are not trespassing.

Then again, if we're talking about cutting thru razor wire fences, or other obvious acts, I guess its a whole different story.