Access, Restrictions & Permits

Many tracks exist in the outback that are NOT a gazetted “public road” or Public Access Route and therefore access is not generally available. These routes are usually signed something like "For use in Emergencies Only", or "Wet Weather Road Only". Thus the track can only be used under the conditions noted on it. Normally, this latter situation will apply when the track you may otherwise be travelling on has become impassable or has been closed. If the track you were intending to take has been “closed” due to rain, then the local road reports will normally also note whether or not any “wet weather only” track is open and passable. Conditions such as these are generally imposed by the Local Government entity responsible for the road.

Reasons for Restrictions

The reasons for imposing such restrictions can be many and varied. For example, the road surface may be such that constant, general use will very quickly deteriorate the surface, and thus when the circumstances necessitating use of the track arise, it may be found to be impassable simply as a consequence of the volume of traffic that had previously used it. However, if the track had otherwise remained almost unused, its surface may have been preserved in such a state as to readily facilitate the passage of just a few vehicles under the conditions allowed. In other cases “emergency” or “wet weather” tracks are simply not maintained at all, and thus regular traffic could render such tracks impassable. Road maintenance costs in the bush are very high.

Tracks on Private Property

Other tracks are on private property and may not be used except under the conditions noted on the map. In those situations, the landowner is saying that general access to the track is forbidden, however in an emergency situation, or if you find yourself on a track which becomes impassable due to rain, then you may use the particular track under the situations noted. Such usage of course would be minimal, and thus the condition of the track may not be adversely affected. Private landowners are responsible for the maintenance of their own tracks, and do not like being put to unnecessary expense.

In that same vein, there are a few tracks around, which whilst actually being a “private track” located on private property, are none the less open for normal traffic, with some limitations. For example, a size of vehicle or weight limitation may be applied. If such restrictions are simply ignored by travellers and damage to the track results, which then costs the landowner time and money to rectify, there is a big risk that the landowner will simply close the track.

Road Closures

Remember that driving around a “Road Closed” sign anywhere can result in a very large fine being imposed. Many local government entities in outback Australia have adopted a very aggressive approach to road closures. As soon as it starts to rain, if there is any prospect of the rain being heavy and/or prolonged, then almost inevitably up go the “road closed” signs on many dirt roads and tracks. In general, it is cost considerations that are the guiding factors. Using a dirt road, when the surface is extremely wet and muddy, results in the surface being seriously damaged with deep wheel tracks and very seriously eroded sections. To make such roads reasonably smooth and passable again requires grading which is a very costly undertaking. So, to preserve the road surfaces and to save money on maintenance, many local Government entities simply close the roads till they dry out.

Other reasons for closure can be the dangers presented by water across the road, flooded creeks or rivers, washed out or washed away sections, prospects of vehicles being bogged or stranded, etc. In some situations the flooding may have occurred a very long way, in fact a hundred kilometres or more, up the road.

If you are in a town, and the roads have been closed due to rain, or you are travelling on a track, and come to another which you intended to take and find that it has been closed, then it is always worthwhile contacting the local police or council, or the local Roads Authority. In many such situations, the road may be closed to heavy vehicles, caravans and say, two wheel drive vehicles. However, it may be open, with care, to 4WD vehicles not towing a caravan or camper. We have experienced that exact situation on a number of occasions. Equally, we have experienced situations where a particular road was closed, however that road gave access to another track which had not been closed. Access was being allowed up the closed road, but only to the turn off to the other open track. So it is always worthwhile having a talk to one of the responsible organisations to ascertain the actual situation.

Other interpretations of Road Closed and Emergency Access:

Be very sure also that both you and the person with whom you are discussing the “road closed” situation are talking about the same thing. We recently had an experience where we had made an enquiry about a road that was closed due to wet weather. We were informed that we needed a “permit” to drive the road. Not unnaturally, we assumed this meant a permit from an aboriginal Land Council and asked why, when no such “permit” had ever been required in the past. It transpired that the person to whom we were talking had assumed that we had a real need to drive the particular road, and was informing us that the local Shire Council could actually issue a “permit” to drive a “closed road” in an emergency situation where the closure was due to wet weather. So, if you are ever facing a situation where a true emergency exists for you to actually get access to a road that has been closed due to wet weather, then bear in mind that the local Shire Council may well have a power to grant a “permit” to drive it, provided of course that they are satisfied with the reasons put forward.

Aboriginal Business Road

Tracks marked “Aboriginal Business Road” are generally tracks which have been put in by various aboriginal community corporations or Land Councils to facilitate travel between communities. Permits may or may not be issued to transit such tracks. It may very much depend on your reasons for requiring the transit, where you are coming from and/or where you are going, and also whether there are any ceremonies or rituals taking place on or near to the track or in communities. The same situation normally applies to roads within aboriginal lands marked as “restricted access”. There are also a number of “aboriginal business roads” that do not actually appear on commercial maps, but are shown on “mud maps” issued to inhabitants of the community. So if you do come across a properly constructed track within an indigenous area which does not appear on maps, it will in all probability be such a track, and should be treated accordingly.

Most tracks marked as “Permit Required” pass through aboriginal lands. As such, they are essentially on private property, and the traditional owners may or may not approve of access being granted. And, just because a track is marked as “Permit Required” is no guarantee that a permit will be granted on application.

The conditions under which permits are granted may also vary, and permission may be withdrawn at any time, or access simply barred without notice. For example, if there has been a death in a community, or a ceremony or ritual is taking place somewhere along or near a track, then access may be barred, even though a permit had been granted earlier. You should always very carefully read the conditions attaching to the issue and usage of any permit. Also ensure that you obey all requirements, including any directions issued to you whilst on or accessing such tracks.

Types of Permits

Generally, with aboriginal lands, there are two types of permit issued

Application Consideration

Whilst applications for permits are generally made to the responsible Land Council, the Councils are simply acting on, and carrying out the instructions of the “traditional owners” (sometimes referred to simply as T.O.’s) who live along the tracks, whether in communities or on outstations. And there may be dozens of such traditional owners. Thus it is their wishes, and the conditions they impose, that dictate to the staff of a Land Council, whether or not a permit may be issued. It is also surprising, but in many situations your permit application is physically sent off to one or more traditional owners, for their personal consideration, rather than simply being processed by the Land Council.

Regrettably, over the years, there have been too many irresponsible travellers who have ignored permit requirements, and have simply travelled over tracks without one. The end result has been a number of locations which have simply been shut to visitors as a consequence of persons ignoring the normal protocols. You would also be surprised at how well the bush telegraph actually operates in outback Australia. A lot of people seem to know whether or not you have a permit.

The recent Intervention in the NT:

The recent “intervention” in the Northern Territory by a previous Federal Government, has changed absolutely nothing as far as travellers are concerned in accessing tracks and gaining permits. It was apparently intended to do so, but the appropriate “determinations” under the legislation have not been made and appear unlikely to be made into the future. Some changes were made in relation to accessing communities, but as far as traveller’s access to communities, tracks and aboriginal lands is concerned, nothing has changed. The Central Land Council is thus asking that travellers apply for permits in exactly the same manner as prior to the “intervention”.

Cost of Permits

The costs of permits vary significantly. The majority are free, however those with a fee can cost between $2 and $100. In some locations you will not be allowed to camp - only transit through the area so check the terms of your permit carefully. Where camping is permitted, there may be a fee - and again, fees and conditions will vary depending on the location. You do need to do your homework. To help you, we provide articles for each state containing a list of popular tracks that traverse Aboriginal lands. Please ensure you check this information and make your own enquiries direct with the listed authorities well in advance of any planned travel.

See the list of Related Pages at the bottom of this article to access each of the State Permit pages.

Closed Communities

Some aboriginal communities are noted on maps as “closed communities”. This normally means that they are not open to travellers, and have no facilities whatsoever available to travellers. However, we have noticed in recent times, that a number of communities, which were “closed”, have now changed their philosophy, and offer some limited facilities to travellers. Thus, if in the planning stages of your trip you think you may need to access a community for some reason, and it is marked on your map as “closed” then I would be making a telephone call to that community to check on that status. If it is still “closed” then your planning processes will need to be revised to take account of that situation.

And not withstanding all of the information above, if you intend to drive through or visit any community or place on land marked as aboriginal land, and there appears to be no limitations or conditions on any of the tracks within that area, I would still be telephoning the community in your planning stage to check on the situation. It is cheap to do so, and polite, and you never know what good information you might gain.

And notwithstanding all of the information above, if you intend to drive through or visit any community or place on land marked as aboriginal land, and there appears to be no limitations or conditions on any of the tracks within that area, I would still be telephoning the community in your planning stage to check on the situation. It is cheap to do so, and polite, and you never know what good information you might gain.

You do need to do your homework. Permits to visit some communities are only available from the local community itself, e.g., some communities on the western side of Cape York, communities near Cape Arnhem and on the Gove Peninsula, and some communities in the Kimberley region. However, the permits to access the tracks leading to some of those areas are issued by the Land Councils or Government Departments.

Time Frames for Issue:

It is always worth doing your homework well before you intend to leave, and applying well in advance for the permits that you will need. Many permits are now available online however they are not processed immediately and can anywhere from 24 hours to 2 months or even be refused. And don’t forget, if the track you want to travel extends into two states or across two Land Council areas you will probably need a permit for both areas. So ensure that you leave yourself plenty of time to gain them.

Need more detailed Information?:

Check the relevant State or Territory Permit Information available in the links below (Related Pages).

ExplorOz has attempted to cover the extensive permit issue with comprehensive information regarding access and permits along with the necessary contact information for where and when you need to get your permits. Generally, the large scale HEMA maps will also have excellent information on them regarding access and permits. Remember, always obey the conditions imposed, and thus ensure that those people coming after you retain their access, or improve it as a consequence of your good, exemplary behaviour.

Native Title Information:

www.nntt.gov.au is the web site for National Native Title Tribunal.

Can I get a Concession?:

Don’t forget, if you are dealing with a National Park Service or any Government Agency, and you have a Seniors Card or a Pension Card of some description; always ask whether a Seniors Discount is available. In most cases the answer is, yes!

Disclaimer:

Whilst every care has been taken in the preparation of this information, no responsibility can be accepted for either the accuracy of the contents or for any errors or omissions.

Whilst every care has been taken in the preparation of this information, no responsibility can be accepted for either the accuracy of the contents or for any errors or omissions.