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This has implications both ways if you are a Builder, Tradesperson, Handyman you may not get paid for the job and even worse you may be charged under the Act for an offence and fined.

Tweet20151029-Schorel-Hlavka O.W.B. to County Court of Victoria-Re Buloke Shire Council -APPEAL-15-2502     Tweet

Council MUST prove it has fully complied with its road management plan to rely on statutory defences.

The Court held the car park was not a public road, as under the common law, the land had to be a road before the council acquired it, in this case it was private land and since the acquisition the car park could only become a public road under statute. Which did not occur.

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