A Comprehensive Guide to Section 138 Application Approval in 2024
Whether you’re planning a road upgrade or building a driveway, you’ll need permission before you begin. In NSW this is called a Section 138 Approval.
Section 138 of the Roads Act 1993 empowers local councils and road authorities to regulate activities on public roads and land under their jurisdiction, with Section 138 Applications playing an important role in managing road assets, mitigating risks to public safety, and conserving the environment.
If you’ve been told you need a Section 138 approval, or you're not quite sure, this complete guide will help break down when you might need Section 138 Approval, why it’s important, and how to go about applying.
Before we start though, it’s important to understand that applying for a Section 138 can be complex. Getting help from a professional in the field can increase your chances of gaining approval and completing your project on time.
We’ll give you practical tips and answer common questions, like what happens if your application is successful, or what challenges can arise to help you through the process.
What Is a Section 138 Applications Approval and Where Does It Come From?
Section 138 approval, also called s138 or Road Act Approval, gives permission to do work on roads or roadsides. It comes from the Roads Act 1993 in New South Wales and enables a road authority, usually your local council to grant permission for works to be undertaken within a Road Reserve.
Some of the things you will need consent for might include:
Building roads and bridges
Digging or disturbing the surface of a road
Temporary closure of roads for events or maintenance
Installing roadside signage
Extending roads or joining roads together
Building a driveway or property access
If you don't get approval, you can get fined. Works on major (classified) roads need extra permission from Transport for NSW. This means additional approvals like WAD (Works Authorisation Deed) and ROL (Road Occupancy Licence).
These approvals are important for making sure road work is safe and follows the rules.
The goal of Section 138 applications is to set rules for road works, making sure they happen in an organised way and don't cause problems for drivers. By requiring permission for certain activities, the law aims to keep people safe and protect the roads from damage.
Important Note:
In infrastructure management, Section 138, s138, and Road Act Approvals mean the same thing. They give permission to do work within road reserves. This permission comes from the Road Authority, like your local Council or Transport for NSW.
On major roads, you need extra approval from Transport for NSW. This triggers more paperwork like Works Authorization Deeds (WAD) and Road Occupancy Licenses (ROL).
Why Is a Section 138 Approval Needed?
A Section 138 approval is important because it makes sure that any work or activity near roads follows the right rules. Without it, there could be damage to roads, traffic problems, and risks to people's safety.
↘ Getting a Section 138 approval helps authorities check if the proposed work might cause any problems for the road. They can then make sure that safety measures are taken to avoid accidents.
↘ It also helps keep roads in good shape and protects public property. This approval ensures that any work near roads meets certain standards set by the authorities.
↘ Section 138 helps to mitigate environmental impacts ensuring the local environment is maintained in line with local and state regulations.
↘ Having a Section 138 application approval means that you have permission to do the work legally. Without it, you could face fines or other legal issues for doing work without permission.
When & How Do We Get a Section 138 Approval?
It is important to note that section 138 approval is required before starting work on the roads. Here are the steps to completing your Section 138 application:
1. Application Form - Most authorities provide an official application form that must be completed and submitted. This form usually includes details such as the applicant's name and contact information, the location and description of the proposed activity, the duration of the activity, and any relevant supporting documentation. As of July 2021, all applications must be submitted through the NSW Planning Portal.
2. Site Plans and Drawings - Detailed site plans or drawings are often required to illustrate the proposed activity, including its location, dimensions, and any associated infrastructure. These plans help authorities assess the potential impact of the activity on road safety, traffic flow, and nearby infrastructure.
3. Risk Assessment - You may need to conduct a risk assessment to identify potential hazards associated with the proposed activity and develop strategies to mitigate these risks. This may include assessing risks to public safety, traffic management, environmental impact, and infrastructure integrity.
4. Traffic Management Plan - For activities that may affect traffic flow or require road closures, a traffic management plan is typically required. This plan outlines how traffic will be managed during the activity to ensure the safety of road users and minimise disruptions. It may include measures such as signage, traffic control devices, detours, and flagging personnel.
5. Insurance and Indemnity: You may need to provide evidence of appropriate insurance coverage to protect against liability for any damage, injury, or loss that may arise from the proposed activity. This may include public liability insurance and workers' compensation insurance, among others.
6. Approval from Other Authorities: Depending on the nature of the proposed activity, approval may be required from other relevant authorities, such as local councils, utilities, or environmental agencies. You should ensure that all necessary approvals are obtained before submitting their Section 138 application.
7. Application Fee: Some authorities may require applicants to pay a fee when submitting a Section 138 application. This fee helps cover the costs associated with processing the application and conducting any necessary inspections or assessments. It is typical for the authority to also hold a bond until the works have been satisfactorily completed.
8. Compliance with Regulations: You must ensure that the proposed activity complies with all relevant laws, regulations, and standards, including road safety regulations, environmental regulations, and construction codes. The works will be subject to a compliance verification process during construction.
Get Section 138 Approval with Terania Consulting
Terania Consulting works with clients across NSW undertaking a broad scope of engineering and surveying projects.
We can help you through every step of your Section 138 approval and explain what you need clearly and assist you with developing detailed plans and supporting documentation for your application.
Our professional team of civil engineers and surveyors are experienced in providing concise and considered design, assessment, and delivery of all aspects of civil including bulk earthworks, land development, roads and roundabouts, stormwater infrastructure, and public utilities.
Our thorough understanding of local and state regulations and standards means you will be in safe hands and can help you complete your project safely, on time and on budget.
Section 138 Applications Approval: Key Points
Understanding Section 138 applications for road works is vital for ensuring safety and following rules.
A Section 138 Approval, also known as a s138 Approval or Road Act Approval, is a permit granted by the Road Authority, typically the local Council or Transport for NSW, under Section 138 of the Roads Act, 1993.
This approval is required for individuals or organizations intending to undertake works within the road reserve, such as erecting structures, carrying out excavations, or conducting events that may impact road safety or infrastructure.
Section 138 Approvals are essential for ensuring public safety, protecting infrastructure, managing traffic, considering environmental impacts, and maintaining accountability and liability for activities conducted near roads. These approvals help strike a balance between facilitating necessary activities and safeguarding public interests and road networks.
To obtain a Section 138 Approval, you will need to submit a comprehensive application.
Terania Consulting can assist your project by providing complete and accurate information, along with guiding you through the approvals pathway and expediate the processing and approval of your Section 138 application.
Get in touch with our experience team today on (02) 6616 1478 or email us and tell us about your project.
FAQs
1. What Is a Section 138 Applications Approval, and When Is It Typically Needed?
A Section 138 approval is required before starting road construction activities, or activities that impact road use or the roadside environment.
2. Who Can Apply for a Section 138 Approval, and Against Whom Can It Be Filed?
Any individual or organisation can apply for a Section 138 approval against relevant authorities.
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Terania Consulting provide urban and rural road design specialising in all aspects of civil including bulk earthworks, stormwater infrastructure and public utilities.