Complex Simplified – Understanding the Works Authorisation Deed (WAD) Process
If your development project has any impact on the State or classified road network, the path to approval is likely to cross with Transport New South Wales (TfNSW).
As part of the Development Application (DA) assessment process, the Consent Authority must refer such projects to TfNSW for concurrence. Where TfNSW determines the proposed works may affect their assets, they will usually require the applicant to enter into a Works Authorisation Deed (WAD).
A WAD is a common law agreement between TfNSW and a developer that authorises the delivery of roadworks on, or in proximity to, classified or State roads. It includes a structured set of conditions that govern the design, construction, environmental compliance, safety management, community engagement, and road occupancy during the course of the project.
While the WAD process can be complex, understanding the key steps involved can simplify the journey.
This guide breaks down the process in a logical and approachable way, outlining the stages from early engagement through to completion and handover, while highlighting the technical documentation and approval requirements essential for compliance.
What is a WAD and When is it Required?
A Works Authorisation Deed is required when any component of a proposed development will result in work being undertaken on TfNSW-controlled roads.
This might include works such as the installation or modification of traffic signals, new intersections, deceleration or slip lanes, or any change that affects the existing road network under TfNSW jurisdiction.
TfNSW identifies the need for a WAD during their assessment of a DA referred to them by the Consent Authority (typically the local Council). Once TfNSW’s review confirms that their assets will be affected, they assign a Development Services case officer to manage the engagement with the applicant.
To support the review process, the applicant will be required to submit a range of technical documentation. This typically includes engineering design plans, traffic and safety reports, geotechnical and pavement assessments, and environmental assessments. The scale and nature of the works determine the type of WAD required.
There are generally three forms of WAD used:
A Minor WAD, which applies to works deemed low-risk by TfNSW.
A Major WAD, required for more significant or high-risk projects or any work involving traffic signal modifications or new installations.
A Deed of Indemnity, used where deemed necessary by TfNSW to address specific liability concerns.
Understanding the type of WAD applicable to your project early in the process is essential to manage timelines, expectations, and compliance obligations.
The WAD Process
Once the DA is approved and concurrence is received from TfNSW, the WAD process formally begins.
The process can be broken into six key phases: administration, design review, pre-construction, commencement, construction, and post-completion. Each step carries specific requirements and responsibilities.
1. WAD Administration
After development consent is granted, TfNSW will formally initiate the WAD process. A project officer is assigned and becomes the key contact throughout the life of the project. The developer will receive an initiation pack and is required to complete various administrative tasks, including:
Submission of company and project details.
Payment of the relevant WAD application fees.
Provision of a bank guarantee or bond that secures the value of the works to be undertaken.
Establishing this foundation allows the project to progress to the design and technical review stage.
2. Design Review
This is typically the most detailed and time-intensive phase of the WAD process. It comprises two sequential design stages—concept and detailed.
Concept Design: The developer must submit concept design plans that align with TfNSW’s design standards. The submission must include a Safety in Design assessment and documentation of any land acquisitions required for the proposed works. The designer’s Professional Indemnity Insurance details must also be supplied.
Detailed Design: Once the concept design is reviewed and feedback provided, the developer proceeds to prepare detailed design documentation. This includes responding to comments from TfNSW, refining engineering elements, and compiling additional technical reports. These may include drainage and geotechnical assessments, road safety audits, pavement designs, POSI (Proof of Suitability for Inclusion) plans, and traffic modelling.
TfNSW reviews the detailed design and, if satisfied, issues a formal Design Acceptance Letter. At this point, the plans are stamped for construction and the project can begin preparing for site establishment.
3. Pre-Construction Requirements
Prior to commencement of physical works, several pre-construction approvals and documentation are required:
Contractor Nomination: The developer must nominate the proposed contractor and demonstrate that they meet TfNSW’s prequalification criteria.
Land Dedication: If any additional land is required to accommodate the works, the developer must ensure that it is legally acquired and dedicated to TfNSW. All associated costs are borne by the developer.
Project Management Plans: These must detail how the developer and contractor will meet TfNSW’s safety, environmental, and quality objectives during construction.
Financial Security: In addition to the earlier bond, two separate bank guarantees must be lodged with TfNSW as a condition of proceeding.
Community Consultation: Depending on the project’s scope, the developer may be required to undertake community engagement or notification activities.
Road Occupancy Licence (ROL): A ROL is mandatory for any work that occupies part of the road network. It must be obtained from TfNSW in addition to the WAD. The licence outlines how traffic will be managed during the construction period.
Only once these steps are completed can the developer notify TfNSW of their intent to commence works.
4. Commencement of Construction
TfNSW must be formally notified of the anticipated construction start date. Once all pre-construction requirements are verified, TfNSW will issue an “Approval to Commence Construction” letter. No physical works can begin without this written approval.
5. Construction and Practical Completion
Construction must be carried out by the approved contractor under the supervision of TfNSW’s assigned project officer. The officer is responsible for monitoring works to ensure compliance with the approved design and relevant standards.
Following successful completion of the works, and subject to TfNSW’s satisfaction, the project officer will issue a Notice of Practical Completion. This notice marks the end of the active construction phase and the start of the defects liability period.
6. Post-Construction and Final Handover
The defects liability period usually spans 12 months from the date of practical completion. During this time, any identified defects must be addressed by the developer or contractor.
Upon completion of this period and rectification of any issues to TfNSW’s satisfaction, a joint inspection is conducted. The developer then submits a final claim form.
Following approval, TfNSW issues a Final Certificate and returns any outstanding financial securities. The infrastructure is then formally handed over to TfNSW, concluding the process.
Helping You Through The WAD Process
The Works Authorisation Deed process is detailed and rigorous, but it plays a vital role in protecting the safety, functionality, and consistency of NSW’s transport infrastructure. From initial design to final completion, each step is designed to ensure that roadworks meet stringent technical, environmental, and community standards.
Understanding these steps in advance and preparing the right documentation at the right time can make the difference between a smooth process and costly delays. For developers and consultants navigating this path, early engagement with experienced professionals can help mitigate risks and facilitate timely approvals.
If you’re managing a development project that intersects with TfNSW’s network, our team can assist with engineering, design, and project management to guide you through the WAD process from start to finish.