Gates and grids

Although we discourage the use of gates and grids within maintained public road reserves where possible, we acknowledge that in certain circumstances they may be required for primary production purposes.

All gates and grids installed on council roads in the Mackay region are required to be approved and licenced under Local Law No. 3 and Subordinate Local Law 3.1 - Gates and Grids 2011.

Gates and grids are defined as ancillary works on roads within this legislation and while council has the responsibility for the control, care and management of our public roads, Subordinate Local Law No. 3.1 (Gates and Grids) transfers the responsibility of gates and grids which are permitted for use to the property owner.

This does not apply to gates and grids at property entrances, or on property boundaries, provided the gate and grid do not encroach on the road reserve.

Gates and grids within maintained public road reserves may be approved under the following circumstances:

  • For the efficient management of livestock
  • Where it is uneconomical to fence some road frontages
  • To allow property owners to continue to carry out their business
  • To ensure the safety of the public and livestock.

Where gates and grids are approved within maintained public road reserves, they must be installed, managed, and maintained by the person who has approval for the gate or grid to an appropriate and consistent standard that minimises any safety risk to road users.

Form of application

Every application to erect a stock control structure across a public road shall be in writing accompanied by a plan of the road showing where such stock control structure is proposed to be erected, and associated fees.

  1. Requirement for public notice
    Before the application is decided by council, the applicant must place a public notice by advertisement in a local/digital newspaper. Such advertisement must:
    1. Give a clear description of the road, and the location of the grid/gate/fence to be erected by the applicant; and
    2. State that the application may be inspected at the council office and that objections to the granting of the licence may be lodged with council on or before the date specified in the advertisement which date must be no earlier than thirty (30) days after the publication of such advertisement.

    Any such objection must be in writing, addressed to the Chief Executive Officer, and must set out the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds.

  1. Specification of Stock Control Structures
    The holder of a licence for a stock control structure issued under the Local Law must ensure that the stock control structure is constructed and maintained in accordance with the council standards.
  2. Requirements to erect gate
    Council may require the erection of a gate in addition to a grid where circumstances warrant the erection of a gate, e.g. traffic volumes, over dimension vehicles.  This may also include construction of an access road through the gate.
  3. Restrictions to applicants
    An application to erect a gate/grid will only be considered on rural access roads or roads of lower hierarchy standard or unconstructed roads.
  4. Conditions of licence
    A licence issued for a Stock Control Structure shall be subject to the conditions included in Mackay Regional Council Gates and Grids (Application of Continuing Local Law) Local Law 2011 and MRC Standards.

Application for approval

Prior to work commencing within the road reserve you must have applied and obtained approval, for the new gate and/or grid.

To apply please read the below documents then complete and submit the application within the application for approval document:

Ongoing Requirements

The person who accepts responsibility for the approved gate or grid is responsible for:

  • Carrying out maintenance on the road for five metres either side
  • Keeping the road reserve clear of debris for 25 metres either side
  • Installing/maintaining all signs associated with the structure
  • Constructing appropriate drainage.

Transfer of licence

A licence for a stock control structure may not be automatically transferred upon change in ownership of the relevant land.

A new application must be submitted at the time of the change in ownership including all accompanying information and documentation.