S138 Permit Application

1Before you begin

2Application

3Payment

This document is a record of your application only. Your application needs to be reviewed prior to approval and the issue of a permit.

Leeton Shire Council is the Road Authority for public roads within Leeton Shire, with the exception of freeways and crown roads. To undertake work/activity on, or alongside, public roads an S138 permit must first be obtained. This advises Council of the planned work/activity and allows Council to assess the necessary implementation of standards relevant to the work/activity being proposed. These specific standards need to be identified and adhered to, ensuring Leeton Shire roads are kept safe and well maintained.

S138 Permit Application ID

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Application date

Before you begin

As part of this online application, you will need to upload all required supporting documents, as well as agree to some terms and conditions. You may wish to gather the documents and review the conditions before starting the application. Please expand the sections below to see the list of documents required and review all conditions.

The application fee is $132.00 AUD (GST exempt).

Important note: Additional fees are payable when occupying parking spaces. A council officer will be in touch to discuss your use of parking spaces and the associated fees.

When you are ready, click the Start application button to begin the application.

Alternatively, you may begin the application before you have all the information and documents gathered and click the Save and Continue link at the bottom of the form. You will then be presented with a link you can save for later, or choose to have the link emailed to you. Save and Continue links are valid for 30 days.

Click here to view S138 frequently asked questions. If you have any other queries, please contact Leeton Shire Council using the details in the blue bar at the bottom of this screen.

Activities requiring a S138 Permit

An Application should be lodged for Consent to Carry out a Section 138 Roads Act Activity if the Applicant proposes to:

erect a structure or carry out a work in, on or over a public road, or
dig up or disturb the surface of a public road, or
remove or interfere with a structure, work or tree on a public road, or
pump water into a public road from any land adjoining the road, or
connect a road (whether public or private) to a classified road being a main road, a state highway, a controlled access road or a secondary road.

Documents required

The following documents are required to complete this online application:

Evidence/Certificate of Currency of suitable Public Liability Insurance - $20 Million minimum
Traffic Management Plans and/or Traffic Guidance Schemes
Photo of the location where the works will occur. You can choose to take a photo from the device you are submitting this form with, or upload an existing image.

The following documents are optional to complete this online application:

Proposed Road Works Plans/specifications – Detailed engineering drawings
Remedial Work Plan
If working on a State Classified Road (MR80/Irrigation Way, Yanco Avenue, Wamoon Avenue) a Road Occupancy License is required to be submitted along with TMP/TGS
Pipeline Installation plans/Specifications, Cross sections & Long Sections - Detailed engineering drawings

Recitals and definitions

Recitals

A. The Council is a public roads authority for the Road under s7(4)(b) of the Roads Act 1993 (NSW).

B. The Council consents to the Applicant placing, installing or erecting the Work within or across the Road under the conditions contained in this Permit.

C. The consent is granted under s138 of the Roads Act 1993.

Definitions

"Act" means Roads Act 1993 (NSW)

"Applicant" means the signatory on the application being the individual(s) with the authority and the responsibility for the carrying out of the work;

"Restoration Fee" means a fee paid to Council in consideration for the Council restoring the Road surface after completion of the Work;

"Road" means the listed road in the application including the road reserve.

"Business Hours" means the opening hours of Leeton Shire Council Administration Centre;

"Claims" means any loss, damages, claims, demands, causes of action or suits of any kind;

"Consent Period" means dates as per the dates on the application;

"Council" means Leeton Shire Council;

"Council Officer" means the Leeton Shire Council’s nominated officer;

"Permit Fee" means the fee paid by the Applicant to Council for the administrative costs associated with the issue of the Permit and shown in the Specifications;

"Pipe work" means pipes, conduits, hoses, tubing, cables and wires;

"Plan" means the plan attached and marked Annexure "A";

"RMS" means Roads and Maritime Services;

"Service Conduit" means conduits used to run service wires and cables underground;

"Traffic Management Plan" means the Traffic Management Plan (also referred to as Traffic Control Plan or TCP) as required by Council; and

"Work" means the plan of works described in application, including any restoration whether by the applicant or Council, and special instructions as deemed required by Council.

Conditions and privacy

Manner of Work and/or Activity
1. The Work/Activity must be conducted according to the Plan and the Specifications.
2. Trenchless technology is to be used where applicable in the first instance, justified reasoning must be given and approved by Council officers for methods other than trenchless installations.
3. The Applicant must complete any backfilling of trenching works in accordance with Council’s Conditions.
Council Requirements The Applicant must comply with all Council requirements in relation to the Work/Activity:
1. Contained in this Permit and annexures;
2. Contained in any notice in writing concerning the Work/Activity given to the Applicant by the Council; and
3. Any direction given to the Applicant by the Council.
Legislation The Applicant must observe all requirements with respect to the Work/Activity imposed by any statute, regulation or ordinance or otherwise imposed by a statutory or other authority.
Term The Work/Activity must not be carried out at any time other than during the Consent Period.
Proceed Continuously The Applicant must carry out the Work as expeditiously and safely as practicable and proceed continuously until completion.
Layout of Work
1. All pipe work crossing the Road must be laid perpendicular to the direction of the Road unless otherwise consented to by Council and described in the Specifications or shown in the Plan.
2. All pipework crossing the road must be easily identified by means of boundary markers or pipe location markers. These are to be installed and maintained by the applicant.
3. If pipe is approved to be laid longitudinally with the road markings are to be placed at regular intervals (150m) along the length of the pipeline. These are to be installed and maintained by the applicant (by Director Approval Only).
4. The pavement surrounding any excavation of the Road must be neatly saw-cut prior to excavation.
5. The Applicant must ensure that any cut pavement maintains a neatly finished edge at all times.
Advise Council
1. The Applicant must give the Council a minimum of five working days notice prior to when the Work/Activity is to commence.
2. The Applicant must notify Council as soon as the Work is completed if completion occurs during Business Hours.
3. The Applicant must notify Council during the next Business Hours if the Work is completed outside of Business Hours.
Expense The Work is carried out at the Applicant’s expense.
Consent and Acknowledgement This Permit must be signed for and on behalf of Council in order for consent to be granted; and must also signed by the Applicant in acknowledgement of the conditions under which this consent is granted.
Service Conduit Service Conduit must have at least 800mm Cover (unless Approved by Director)
Footpaths Where any footpath is disturbed it must be restored to the original condition by the Applicant at the Applicant’s cost.
Fee The Permit Fee is to be paid for the issue of this Permit.
Restoration Fees
1. Where Council is required to undertake Restoration works, determination of the Restoration Fees is governed by Section 67 of the Local Government Act.
2. Where a Restoration Fee is applicable the Applicant must pay the Restoration Fee:
  1. As soon as the Work is completed if completion occurs during Business Hours; or
  2. During the next Business Hours if the Work is completed outside of Business Hours.
3. If disturbance to the Road exceeds that shown on the Specifications, the Applicant must pay the additional cost to Council for restoration.
Indemnity The Applicant indemnifies and holds Council harmless against all Claims by any person arising in connection with any acts or performance of an obligation under this Permit.
1. Specific Indemnities: - Without limiting clause 13.5 the Applicant indemnifies and holds Council harmless against any Claim arising directly or indirectly out of the following:
  1. The construction and installation of the Work;
  2. Conduct by the Applicant which amounts to a breach of any license, permit, approval or legislation;
  3. Council granting consent to the Applicant to carry out the Work;
  4. Failure to comply with any obligation of the Applicant under this permit.
2. Applicant to Maintain Insurance
  1. The Applicant must maintain a public liability insurance policy with an insurer approved by Council with a limit for any one event of not less than twenty million dollars ($20,000,000).
  2. The Applicant must produce evidence of the currency and terms of insurance as part of each permit application.
  3. The insurance must be on terms to the reasonable satisfaction of Council and name Council as an insured party.
Traffic Management Plan
1. The Applicant must ensure that a Traffic Management Plan is in place whilst the Work is being carried out.
2. The appropriate traffic control measures must be established at the Applicant’s cost.
3. The traffic control measures must be in accordance with the current RMS Guidelines "Traffic Control at Work Sites".
4. The Applicant must not interrupt or otherwise disturb the traffic flow on the Road without the written consent of Council.
Responsibility for Restoration works
1. Where the Applicant is not able to meet the standards required, the Applicant can contract the services of another provider that can.
2. Where council is required to undertake the restoration works, the Applicant is responsible for the Works until Council's road maintenance service provider completes the standard road pavement restoration. Where the Applicant undertakes to do the restoration work themselves, then the Applicant is responsible until Council agrees to the standard of that restoration work.
Responsibility in the event of absence or emergency
1. In the Applicant’s absence from the site of the Work, or in the event of any emergency (for which the Council has sole right of decision), Council may take such action as it considers necessary to prevent:
  1. Loss of or damage to the whole or any part of the Work;
  2. Loss or damage to the Road or any property adjacent to the work; or
  3. To prevent personal injury to any person;
2. Any such action (under sub-clause 15.2) is at the Applicant’s expense.
Safety The Applicant must:
1. Carry out the Work with due regard to the safety and rights of the public;
2. In addition to clauses 0 and 3 comply with the requirements of the NSW Workcover Authority, the Department of Industrial Relations & Employment, and the Police Service of NSW.
Relocation
1. If it is necessary in the reasonable opinion of Council:
  1. To relocate or remove any portion of the Work; or
  2. Carry out any additional work for the safety and protection of the public, Applicant must relocate or carry out such removal or additional work as reasonably determined by the Council.
2. Any such relocation and/or additional work required to be carried out is at the Applicant’s expense.
Public Risk Nothing in this consent shall be deemed to:
1. Prejudice or affect the rights of the public to free passage upon or along the Road;
2. Authorise any nuisance to, or permanent obstruction of, the Road or public places;
3. Confer upon the Applicant exclusive right or title to that part of the Work within the boundaries of the Road, or
4. In any way restrict or limit the powers of the Authority and the Council in respect of the Road.
Deemed Acknowledgement Upon commencement by the Applicant of any part of the Work it shall be deemed that the Applicant has agreed with the Council to comply with the conditions of this consent.
Conditions for moving or grazing stock on Council roads
1. That stock warning signs as described in the Local Land Act 2013 indicating the presence of stock on the road shall be prominently displayed 200 metres before and after the section of road being used;
2. Stock signs must be displayed at all times when stock are on or adjacent to a roadway, and removed when stock are no longer present;
3. That the distance over which stock are being grazed does not exceed 2kms at any one time;
4. When stock are being moved along the road, warning signs shall be no further than 5kms apart;
5. That at least one person shall be attending the stock at all times;
6. That the stock may only be present on a public road during daylight hours.

The personal information that Council is collecting from you is personal information for the purposes of the Privacy and Personal Information Protection Act 1998. The intended recipients of the personal information may be:

Officers within the Council
Data service providers engaged by the Council from time to time
Any other agent of the Council
Financial institute involved in the process

The supply of the information by you is/is not voluntary. If you cannot provide or do not wish to provide the information sought, the Council may/will be unable to process your application. Council is collecting this personal information from you in order to provide Council approved services. You may make application for access or amendment to information held by Council. You may also make a request that Council suppress your personal information from a public register. Council will consider any such application in accordance with the Act. Address enquires concerning this matter to the Public Officer.

S138 Permit Application

Before you begin

Activities requiring a S138 Permit

Documents required

Recitals and definitions

Recitals

Definitions

Conditions and privacy

Applicant details

Owner/Construction Company details

Location and specifications of proposed works

Supporting documents

Duration of consent period

Declaration of applicant

Recitals

Definitions