When and why is a Section 138 Permit required?
Section 138 of the Roads Act 1993 (NSW) requires that all work undertaken within Council’s road reserves must have Council consent prior to work being undertaken. Council is the appropriate roads authority responsible for implementing the provisions of the Roads Act. This includes all the Shire’s local roads, the Golden Highway (State Highway 27), Denman Road (Main Road 29), and the roadsides of the New England Highway.
To conduct work/activity on the New England Highway, Golden Highway or Denman Road apply for a ‘Road Occupancy License’ (ROL) through the Transport for NSW (TfNSW).
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 handle 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 Plan. This must be included in the application for an S138 permit.
How do I address traffic management?
Traffic Management involves the preparation and selection of a Traffic Control Plan followed by the onsite implementation of the adopted plan’s requirements.
Traffic Control Plan (TCP):
- Selection or design and implementation of TCPs must only be undertaken by qualified and authorised person/persons who have passed TfNSW approved training courses.
- The TCP must include the name, certificate number and expiry date from the accredited person’s certificate.
Options for Traffic Control:
- You can search for Certified Traffic Control providers through phone directories or the internet.
- You can use your own in-house trained officers. There are 4 levels of traffic control accreditation. Contact TfNSW for a list of accredited training
What restoration 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.
In the event the applicant does not have the capacity to fulfil the restoration requirements, the applicant can request a quote from either Council’s works department or other service provider to undertake the restoration works on your behalf.
CBD restoration specifications
Muswellbrook Shire Council’s CBD specifications addresses the particular concrete finishing requirements. This will be included with your notification of consent, if necessary.
Additional specifications may be required
You may receive additional specification and conditions, in addition to the below technical requirements and CBD requirements. These will be provided with your S138 permit.
Interim restoration works
If completing the restoration works to the set standards will cause significant delays, a temporary solution may be implemented. Safety is paramount. The applicant remains responsible for the area until the fully accepted restoration has been completed.
How do I apply for a permit?
Download a Road Opening or Activity Permit Application here.
Applications must address all relevant items in this guide and can be submitted to Council via email, post or over the counter.
Download the relevant technical conditions and specifications
TopCompliance Guidelines Works - General
Compliance Guidelines Works - Utilities
Frequently Asked Questions
TopThe Applicant is the company/person undertaking the work and/or activity – and who is seeking the consent to do so.
The Certificate of Currency for 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 (Muswellbrook Shire Council must be noted as an interested party).
Applicants must ensure their applications are lodged at least five (5) working days (Monday to Friday) prior to the proposed date of commencement. Ensure all required documentation is attached to avoid unnecessary delays. (A checklist is available on page 3 of the application form for your convenience).
The only time a S138 permit is not required is when all works (including all loading and unloading with the use of machinery, shifting of the machinery e.g. backhoes, cranes, concrete trucks, mine vehicles etc) being undertaken are carried out within the boundaries of private property.
Should this be the case, Council requires written notification to this effect.
Please contact Muswellbrook Shire Council if you need further clarification or assistance.
