Cessnock City Council has declined to answer a question about whether it will take action under the NSW Roads Act to make a death trap in the Hunter Economic Zone safe.
The Newcastle Heraldreported on Wednesday that steel concrete bollards in the middle of a private road in the industrial estate remain in place, despite a vehicle hitting them and claiming the life of a 17-year-old Newcastle Knights player almost a month ago.
Elijah Faalua, a Kurri junior who played in the Knights' Under 17 side this season, died in a single vehicle accident at the Pelaw Main site on April 8.
The Herald asked the council if it would use the NSW Roads Act to direct the owner of the relevant part of private road to take action to remove the bollards or make them safe.
A council statement said: "Council understands that the incident is currently under police investigation. As such, council will not be making further public comment on the matter at this time".
The Roads Act states that a council may "direct the owner of a private road (other than a classified road)" to carry out necessary work to "prevent the road from becoming unsafe or unsightly".
The Act added that the council could do the work itself, if it believed "the work should be carried out by the council at its own expense".
"If there is more than one owner of a private road, the respective owners are liable to pay those expenses in such proportions as the council decides."
In deciding the proportion of expenses to be paid by the respective owners, the council must consider "the benefit that any particular land will derive from the work".
Cessnock mayor Bob Pynsent has confirmed that the council owned part of the road, but did not erect the bollards.
However, Cessnock council's administration declined to comment on this point.
The Newcastle Herald has contacted a company that is suspected of erecting the bollards, but was unable to gain any response.
Cr Pynsent said the bollards were dangerous and "definitely need to be made safer".
"I would be concerned about someone else's life being lost," he said.
The private road is used by the public, including workers in the industrial estate. It is known to attract drag racing and antisocial behaviour.
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