BY RHETT BURNIE
AN Upper Plenty couple who lost their house in the Black Saturday inferno say they are unable to rebuild because of an ongoing squabble between local and state governments.
Garry Walton says he and his wife Jennifer cannot begin construction of their Mahadys Road home because concrete trucks are unable to access the property until road maintenance is undertaken.
"There are too many potholes and it’s (the road) badly eroded."
"They can’t get up here," he said.
Mr Walton said he has repeatedly contacted Mitchell Shire Council and the Department of Sustainability and Environment (DSE) and requested the road be fixed but neither party will assume responsibility for the road's upkeep.
"If I ring DSE they say ‘call Mitchell shire, they take the rates so they should do it’," he said
"Then I call them (Mitchell Shire Council) and they say to ring DSE because it’s State Forest land."
Mr Walton said he has sent letters to council but claims he never received a response.
"I have written letters to the assets managers (at Mitchell shire) but they never reply," he said.
"We just feel like we’re being smacked around like a tennis ball."
Under new building regulations introduced after Black Saturday, a Bushfire Attack Level (BAL) must be completed before construction of a new building can be given the go ahead.
Mr Walton says in order to satisfy the BAL his new home must be built on a concrete slab.
But he said that with the road in its current state it is impossible for a concrete truck to get to his property.
"It’s a mess, you can’t get a get a truck up here," he said.
Mr Walton, who is currently living in a donated caravan at the property, said he also fears that emergency services would not be able to reach him should they be required.
He said his wife, who suffers from a heart condition, is not able to live at the property with him until the road is fixed.
He said the Black Saturday bushfires had also affected the road surface and drainage system.
Thick silt created from the fires has clogged the roads drainage system and rendered it almost useless, he said.
"When it rains it becomes a quagmire.
"The other day I got bogged and had to use a screwdriver to dig my car out.
"I just want them to maintain the road – cut away the erosion and fix the drains – I pay my rates," he said
A spokesperson for the DSE said that further talks with Mitchell Shire Council about the maintenance of the road were under way.
"Maintenance of this road is currently being discussed by DSE and Mitchell Shire Council," he said.
But when The North Central Review contacted Mitchell Shire Council a spokesperson for Acting CEO Peter Halton said the road is on Crown land and therefore is the responsibility of the DSE.
"… Council has a responsibility to maintain government roads which have been gazetted and which are part of our road management plan.
"The section of Mahadys Road to Mr Walton’s property does not meet this criteria and therefore Council cannot maintain the road," the spokesperson said.
She added, "Mr Walton gets access to his property via Mill Range Road which is on Crown land and is not maintained by Council, this road is the responsibility of Department of Sustainability and Environment."
Mitchell Shire Council had written to DSE regarding the matter, she said.
The Member for McEwen, Fran Bailey, called for an end to the bureaucratic standoff between DSE and Mitchell Shire.
"Both Council and the Department have a responsibility to ensure access for residents and emergency service vehicles using Mahadys Rd," she said.
"Our residents have faced many challenges since Black Saturday in rebuilding homes and communities.
"They don’t need even more bureaucratic argy-bargy and hand-balling that puts red tape ahead of rebuilding and the safety of people," she said.
Member for Seymour Ben Hardman was unavailable for comment but a spokesperson for the MP said Mr Walton was welcome to contact Mr Hardman’s office to discuss the issue.
And former Mitchell Shire councillor Robert Gordon weighed in, writing to the State Premier John Brumby.
In his letter, Mr Gordon urged Premier Brumby to provide money from a bushfire relief fund to fix the road if "both public bodies are crying poor".
Meanwhile, Mr Walton said he had ‘boxed up’ the foundations for his new home while he waits for a response.
"It can’t go much further until the concreters can get here," he said.
