Keep access to Craigbourne Dam
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CALL TO ACTION
I need your help. To keep craigbourne dam access.
We all need to help keep this area open. And stop the Southern Midlands council from closing up more of our access. This may not be the main access but that's not the point this is a nice little quiet access enjoyed bay a lot of people.
The issue by what the council is that there is unlawful activity on a local land owners property. We call for the road to stay open and the boundary be fenced off.
4.4 The council have said the only way to close the access to the dam has to be ether
A, When it for the public benefit in the interests of public safety;
B, or when it is for the public benefit because of lack of use
1st I have not seen any reason or report to say public safety is a issue, there are reports of a land owner having issues with the public but this could be fix by the land owner fencing off like all other land owners have to do.
2nd There's been plenty of people saying they use this access, so they can not use this as a reason to close access.
4.5 this means that the public benefit and public safety must be considered together
a. the "public" refers to all people who could be directly or indirectly affected by the change
b. what may be a benefit to some members of the public may be detriment to others. therefore, public benefit means "net public benefit" after completing a balancing process.
c this can include economic, social, cultural and political aspects of "benefit" and perhaps others.
d this is a question of fact to be determined on the evidence provided to the court
so "public" benefit as i see it.
For closing access.
A land owner gets more land and does not have to build a fence.
For keeping it open.
Well over 100 regular members and a lot of other casual members of the public continue being able to access the dam.
Local and state sales in fishing gear, fuel, food, and all other indirect sales associated in assessing this area for fishing.
So to my layman's view there looks like there is more public benefit to keep it open then to close it down.
5.2 On your instructions, the question is not whether the Road itself is a risk to public safety, but whether activities of the public arising as a consequence of the use of the road are a risk to public safety.
5.3 it appears that the only people exposed to this risk are the current owners. however, the owners are members of the public, illegal shooting activities and the non-approved removal of firewood are of a risk to their safety, as is the potential access to their property.
5.4 this provides a basis to argue that it is in the interests of public safety to close the road
This is issue that happens all over Tasmania so under this argument a lot of roads should be closed down. But the way i see it this can all be fix by the land owner putting up a fence like most land owners do to fix this problem. So i don't see how this is a reasonable reason to close access.
so i am calling to all businesses that could be affected to get in contact with me or the council.
and all of the public to sign the petition.
ACCESS TO CRAIGBOURNE DAM, COLEBROOK
(via the north-eastern section of Craigbourne Road - off Link Road, Colebrook).
Due to issues being experienced by the adjacent landowner(s), and in the interests of public safety, the Southern Midlands Council has been requested to consider a permanent closure of the Craigbourne Road extending from No 32 Craigbourne Road (i.e. approx. 320 metres from the junction with Link Road) extending through to the Dam.
Prior to making a decision in respect to this matter, Council seeks feedback from the broader community in terms of how any proposed closure may impact on users of the road.
Written submissions can be sent to the General Manager, 71 High Street, Oatlands or can be emailed to email@example.com. Written submissions will be received up until close of business on 17th December 2018.
T F KIRKWOOD
would be that the land owner fence off the road like most land owners do to prevent these issues.
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