Works Within the Road - Road Management Approvals (s138)

Property Owner

As the property owner, you are responsible for the cost, construction and maintenance of your driveway, including any modifications to the kerb and gutter. It is also your responsibility to ensure that any work performed meets Council’s current design and construction specifications and that the contractors performing work are aware of these requirements. It is your responsibility to contact ‘Before You Dig Australia’ to check for any utilities and services, that may be affected by your excavations. 
You are required to contact Council to book inspections and notify when work is completed. 

What restoration and defect liability works am I responsible for?

The applicant will be responsible for restoration of the site until Council is satisfied that the standards have been met.

Who is responsible for safety and public road assets during work/activity?

Any persons undertaking works/activities within the road reserve has a duty of care to ensure the safety of all affected persons, including motorists and pedestrians. Adequate safety systems, documentation and insurance should be implemented in order to avoid or manage an incident should an injury or property damage occur. The person undertaking the work/activity needs to be aware of their obligations to minimise the risk to themselves, the general public and Council. An essential part of the process is the provision of a fully compliant Traffic Management/Control Plan, which must be included with you application.

CHECKLIST: Requirements for Section 138 Applications

Certificate of Currency (for Insurance) 

The Certificate of Currency for Public Liability Insurance must be in the same name as the applicant, and be applicable for the construction work and/or other activity on or in the road reserve (Snowy Monaro Regional Council must be noted as an interested party).

Traffic Management

Traffic Management involves the preparation and selection of a Traffic Control Plan followed by the on-site implementation of the adopted plan’s requirements.

Traffic Management Plan (TMP):

To be prepared in accordance with Transport NSW's 'Traffic Control at Worksites Manual' to ensure proper control and regulation of traffic around a worksite

Traffic Control Plan (TCP):

Selection or design and implementation of TCPs must only be undertaken by qualified and authorised person/persons who have passed Transport NSW's approved training courses.

The TCP must include the name, certificate number and expiry date from the accredited person’s certificate.

The NSW Planning Portal is a digital environment that hosts a range of planning services, and mapping and reporting tools to assist everyone involved in a proposed development.

Roads Act applications can only be submitted and lodged via the NSW Planning Portal.

To submit a development application through the NSW Planning Portal, you will need to register and verify your account. If you have already have an account, simply login. Otherwise, register for an account here.

You will require the following documents to complete your submission:

• Specifications of the proposed Road Works
•  Written scope of works
• A plan showing the exact location of the proposed Road Works
• Contractor details
• Contractor insurance details – note minimum $20m Public Liability (must be current)
• Safe Work Method Statement
• Before You Dig Australia – (formerly known as Dial Before You Dig)
• Traffic Control Plan (including pedestrian control measures where applicable) by a competent and accredited person (must be signed and accreditation number provided)

The fees are in accordance with Council's Fees and Charges.

Payment methods include credit card, cheque, EFT or cash (in person at a Council Office).  

If your application is subject to additional fees, a Council officer will contact you with details of the additional payment required.

Who can carry out works on the road?
Only a suitably qualified and licensed tradesperson, surveyor, civil contractor, traffic controller or service authority will be approved to occupy and carry out any works within the road reserve.

Council will assess each contractor to ensure there is an appropriate level of Insurance, qualification, quality assurance and site management capability for the works being performed.

Development Engineering Specifications

Important Information

• You must contact Council at least 48 hours prior to each inspection
• All openings are to be made safe by the provision of barriers of secured metal covers for the duration of the opening
• All works require erosion and sediment control to be installed for the duration of the works

All new or replacement driveways (or vehicular crossings) require Council consent prior to construction.

Please submit a s138 Road Opening Application via the NSW Planning Portal.

Driveway and footpath constructions are to be carried out by council approved contractors only.

Driveway application fee includes two inspections. Further inspections will be charged prior to booking.

Inspection are to be booked no less than 48 hours prior to the date inspection is required.

Driveways are to be constructed to Council’s standard specifications, from concrete only, within the public road reserve.

If a driveway is constructed without consent from Council an application must be submitted retrospectively and evidence provided that the driveway was constructed to Council’s standards. If a driveway is non-compliant with Council’s standards, the property owner will be directed to have the driveway removed and reinstated under a s138 road opening application.

Booking Inspections

To book an inspection please contact Councils Environment and Planning Department on 1300 345 345 no less than 48 hours prior to the inspection with the following information:

• Roads Act Approval (S138) approval number;
• Address of property to be inspected;
• Date of inspection;
• Type of inspection;
• Contact person’s name and phone number;
• Access details (i.e. keys, location) where necessary;

Please note the following:

• Dangerous dogs must be restrained;

• Work must be completed and ready prior to the inspection date. If the inspector arrives on-site and the works are not completed a re-inspection fee may apply and you will need to re-book the inspection;