The Newcastle Herald asked Mr Toole if Cessnock City Council should use its power under the NSW Roads Act to make the spot safe.

As reported this week, 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 boy a month ago.

The Herald asked Mr Toole whether the council should direct the owner of the private road - where the bollards were erected - to take action to make them safe or remove them.

One of our questions stated: "If the council doesn't deal with this matter quickly, will the minister step in and deal with it?"

Mr Toole's spokesperson responded with a comment from Transport for NSW.

"It would be inappropriate to comment on this incident, as it is currently under investigation by NSW Police," the spokesperson said.

"Transport for NSW has no authority to intervene in matters relating to private roads."

The 17-year-old boy died in a single vehicle accident at the Pelaw Main site on April 8.

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".

Cessnock City Council also declined to comment earlier this week, saying "the incident is currently under police investigation".

However, Cessnock mayor Bob Pynsent said the bollards were dangerous.

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