*Please note that the links to the content in this Part will direct you to Westlaw AU.<\/p>\n
To purchase an article, please email: LTA.Service@thomsonreuters.com<\/a> or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AST).<\/p>\n The latest issue of the The Queensland Lawyer<\/em> (Volume 37 Part 1) contains\u00c2\u00a0the following material:<\/p>\n EDITORIAL<\/a><\/p>\n COMMERCIAL LAW<\/a> \u00e2\u20ac\u201c Dr Clive Turner<\/em><\/p>\n CONVEYANCING AND PROPERTY LAW<\/a> \u00e2\u20ac\u201c Dr Bill Dixon<\/em><\/p>\n CRIMINAL LAW<\/a> \u00e2\u20ac\u201c Andrew M West<\/em><\/p>\n INDUSTRIAL LAW<\/a> \u00e2\u20ac\u201c Dr Kristy Richardson<\/em><\/p>\n Public Roads in Queensland: Where Statute and the Common Law Intersect \u00e2\u20ac\u201c Part 1 <\/strong><\/a>\u00e2\u20ac\u201c <\/em>Chris Boge<\/p>\n The public road is the most basic form of public infrastructure. While it can, in one instance, be easily recognised when it is subject to a formed carriageway, in another instance a road may present as a crude track disappearing aimlessly off into the distance. Or it may not even appear to exist to the eye at all. In each case, its legal status essentially is the same, that status being what distinguishes a public road or, as the common law prefers, a highway, from other ways or private roads: it is a thoroughfare over which the public may pass and repass without interference. At common law, public acceptance of a landowner\u00e2\u20ac\u2122s offer to dedicate a highway forever meant that the public had its right of passage, but, also that the public henceforth accepted responsibility for the highway\u00e2\u20ac\u2122s maintenance \u00e2\u20ac\u201c \u00e2\u20ac\u0153once a highway, always a highway\u00e2\u20ac\u009d is the adage of the common law. Today, while the common law still plays its part, the dedication of land as a road, the road\u00e2\u20ac\u2122s use, including for the operation of public utility infrastructure, and a road\u00e2\u20ac\u2122s control and maintenance by a road authority, all are matters largely of statute. This has created complexity and some uncertainty around the meaning of \u00e2\u20ac\u0153road\u00e2\u20ac\u009d. Part 1 of this three-part article explores the legal nature and creation of a public road in Queensland. Part 2 will consider ownership and control of a road, and the granting of private rights in a road. And finally, Part 3 will look at the public\u00e2\u20ac\u2122s right to use a road, the notion of the \u00e2\u20ac\u0153road in fact\u00e2\u20ac\u009d, and closing a road. While the article does not pretend to be an exhaustive treatment of roads in Queensland, it does, in part, try to articulate how the modern road is at risk of losing the internal consistency and policy that the common law of \u00e2\u20ac\u0153highway\u00e2\u20ac\u009d gave to the law in this area.<\/p>\n BOOK REVIEWS<\/a> \u00e2\u20ac\u201c Judge Michael Shanahan DCJ<\/em><\/p>\n REPORTS <\/a>\u00e2\u20ac\u201c Federal Circuit Court Judge Michael Jarrett<\/em><\/p>\n For the PDF\u00c2\u00a0version of the table of contents, click here: Qld Lawyer Vol 37 No 1 Contents<\/a>.<\/p>\n\n
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