If you are planning to undertake works that require the use of Council roads, footpaths or any part of the road reserve, then you must seek approval from Council under Section 138 of the Roads Act, 1993.
Works within the road reserve may include activities like erecting a structure, digging up or disturbing the surface of a public road to construct a driveway, removing or interfering with a structure, or any other activities as defined within the Roads Act 1993.
If you are looking to carry out any of the following construction works, you must apply for Section 138 Works approval:
Public authorities such as the Roads and Maritime Services, Police, Rural Fire Service are exempt from this approval; however, prior notification is advisable where possible.
Telstra and Ausgrid and agencies working on their behalf, are exempt from these applications, however, they are subject to prior notification within their own legislation.
Application Form and Customer Checklist
Download a 138 Application form for use of a Council Road.
Please note: If the information required on this check list is not provided at the time of submission, then this may delay the processing of your application.
You may need to consult with an architect/engineer to provide you with the required levels & drawing
If part of a DA and your DA application has been approved, the latest approved Council drawings detailing the proposed works must be provided
For all non-DA applications, drawings detailing the location of the proposed works must be provided
Refer to Council Engineering construction specifications for Council requirements
About the Application
An approval letter must be obtained prior to commencement of any work;
If a Council Public Road is no longer being utilised by the public interested parties can make an application to Council to close the road.
The application also allows for the applicant to indicate whether they wish to acquire the surplus land following closure of the road.
There is a non-refundable fee payable at the time of lodgement of the Road Closure Application – Council Public Road, please refer to Council’s Fees and Charges Schedule.
Please contact Council’s Contracts and Property Officer for more details.
Council does not charge any fees for rural grazing permit. In order to make an application, Council requires the following in writing:
The processing of grazing requests typically takes 1 week. A typical approval requires the following:
This approval process is in accordance with Temporary Stock Grazing Permit from the Local Lands Services under the Rural Lands Protection Act, 1989, Part 8 Division 5, Section 101, in respect of public road(s) vested in Council.
Residents can request that Council carry out private works at within the road reserve, this will be at the resident's cost. The types of works that Council may carry out on the behalf of residents include constructing driveways, the removal of trees and grading of roads.
Estimates given are intended as a guide and the actual charge will be based on the rates set by Council.
Council's routine maintenance work may take precedence over requests for private works.