It's been more than two years since the northern section of Wagonga Scenic Drive was quietly closed to the public by the Forestry Corporation, but one Narooma resident is still fighting to have the former scenic route reopened.
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William Braines, a resident of Frenchman's Gully Road, contacted Australian Community Media about six weeks ago in the aftermath of Eurobodalla Shire Council's announcement of important bridge repair works around the Shire.
Mr Braines had noticed a bridge on Wagonga Scenic Drive at Makins Creek wasn't included in the announcement, and queried why the bridge was being 'left behind' by the council.
He told Australian Community Media he was contemplating legal action in the Land and Environment Court over the closure, as he believed the road was still a public road and hence should be readily available for transport at all times.
Wagonga Scenic Drive is closed between Box Cutting Road in the south and Red Knob Road in the north using large dirt mounds at either end.
"Every time I've contacted the council, they've said they aren't prepared to maintain this section of road," he said.
"The council has a mandate as the road authority to care for and maintain all public roads in a fair and reasonable manner that allows free and safe access by the public."
Mr Braines said he'd been in communication with Forestry, Eurobodalla Shire Council, the Rural Fire Service, and Transport for NSW in relation to the road closure for almost three years.
He claims these bodies have been in breach of certain aspects of The Roads Act 1993, including Section 3 which affirms the "rights of members of the public to pass along public roads", and Section 138 which states "a person must not erect a structure or carry out a work in, on or over a public road or dig up or disturb the surface of a public road".
However, Transport for NSW told Australian Community Media no laws had been broken in the closure of the road.
"It is not a requirement under law that the council or Forestry contact Transport for NSW about traffic regulatoin measures on an unclassified road under the Roads Act," a Transport for NSW spokesperson said.
In a letter sighted by Australian Community Media, Eurobodalla Shire Council's Director of Infrastructure Services, Warren Sharpe, told Mr Braines they "do not intend to take on the maintenance of this road, given that suitable council maintained alternatives exist", and admitted Forestry did not advise them prior to the closure of the road.
"Although we were not advised prior to the closure, we do support the actions taken by Forestry to mitigate risk to public safety," the letter reads.
"Council does maintain, and will continue to maintain, the unsealed road linkage from Wagonga Scenic Drive back to the Princes Highway via Box Cutting Road and Kianga Forest Road.
"Council also maintains Wagonga Scenic Drive back to the south until it joins with the Old Highway at south Narooma."
When we approached Eurobodalla Shire Council, they confirmed the information in the letter and also confirmed there were no plans to take over maintenance of the road in the future.
"Forestry Corporation traditionally maintained the section of Wagonga Scenic Drive north of Box Cutting Road, including maintenance of the bridge over Makins Creek as part of their Forestry activities," a council spokesperson said.
"Forestry discontinued operations and maintenance of this section in 2019, closing this section of the road for community safety.
"Council has no plans to take over maintenance of a second road into this rural area."
A spokesperson from Forestry Corporation of NSW said the decision to close Wagonga Scenic Drive was made as the road was "not required for Forestry Corporation operation, nor firefighting purposes".
"State forests contain a network of about 60,000 kilometres of forest roads," the spokesperson said.
"Forestry Corporation maintains roads that are required for operational and firefighting purposes and also where they form part of a significant or primary access route for local communities or to recreational facilities such as camp grounds and picnic areas.
"The section of Wagonga Scenic Drive that passes through State forest is not required for Forestry Corporation operations, nor is it required for firefighting purposes, and accordingliy is not maintained to a standard for vehicle access.
"This section of road is not safe for motor vehicles to access and use and so has been blocked to vehicles for the safety of forest users.
"Mountain bikers and walkers are still able to access and use this section of road."