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;
All Hunter Valley mines that require a Council road to be temporarily closured for blasting are required to submit an “Approval to use a Council Road (Section 138 Roads Act 1993)” form each financial year.
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.
What is an Oversize/Overmass (OSOM) vehicle?
OSOM vehicles are defined as Class 1 vehicles under the Heavy
Vehicle National Law. A vehicle or vehicle combination is considered to be OSOM
if it exceeds any general access mass or dimension limits.
Typical examples include:
Agricultural machines such as
harvesters and grain augers
carrying large indivisible items such as mining and construction vehicles,
bridge components or building infrastructure
Special purpose vehicles
such as mobile cranes, concrete pump trucks and drilling rigs.
If your vehicles/combination exceeds the dimension or mass limits contained in
a Class 1 Notice or Ministerial Order you will require an access permit to
operate on the NSW road network.
Travel in NSW only
For Class 1 and 3 vehicles seeking
a permit for travel within NSW only:
For travel on local roads
you need to seek the approval of the relevant local councils.
For travel on state roads
you need to apply directly to Roads and Maritime Services
For Class 1 and 3 vehicles seeking
a permit for travel between NSW and another state you will need to seek a
permit directly from the NHVR.
Class 2 vehicles
All Class 2 vehicle permits
are issued by the NHVR. Applications will need to be made directly to NHVR.
How to apply for a permit
To apply for an OSOM permit
for roads within the Singleton LGA you must fully complete the OversizeOvermass Permit request form.
A fee is payable for the
processing of the application and must be paid prior to a permit being issued.
Please refer to Council’s Fees and Charges
Lodgment of an application
is not a guarantee that a permit will be issued.
Once completed the form
the required payment.
Once the completed form is
received, and payment has cleared, the application will be reviewed by
Council’s Infrastructure, Strategy, Planning and Programming Team. Please allow
10 working days to process your application.
If you are also applying to
Roads and Maritime Services to travel on state roads as part of the same trip a
copy of this permit must be included with your application.
What is a Transport
Management Plan (TMP)
A TMP is a comprehensive document
that describes how an OSOM movement will be safely undertaken. This document is
structured to enable you to record your plans, procedures and other operational
activities that will be required in order to safely transport an OSOM movement in
Due to the changing nature of the
road environment, increasing traffic levels and increasing demand for OSOM
movements there is need to closely manage the risk and journey disruptions
caused by OSOM movements. To provide the necessary increased management of
'High Risk' OSOM movements, the NSW government has introduced the OSOM TMP.
The TMP provides a comprehensive
planning and execution focus for 'High Risk' OSOM movements to ensure that
these movements are carried out in a safe and responsible manner with reduced
impact on other road users and road infrastructure.
When is a TMP required?
A TMP is required for any of the
following OSOM movements:
All OSOM movements that are
classified as 'High Risk' due to their dimensions and/or weights
All OSOM movements that
travel on a 'High Risk' route
All OSOM movements that
involve the transport of a 'Critical/Sensitive' load.
Further information relating to
when a TMP is required can be viewed here: http://www.rms.nsw.gov.au/documents/business-industry/heavy-vehicles/transport-management-plan-fact-sheet.pdf
If a TMP is required this is
to be sent to us along with your application.
You are requested to
exercise caution while using roads and other Council infrastructure. In
accordance with Section 102 of the
Roads Act 1993 it is your responsibility in all cases to pay any
costs incurred in making good any damage caused to roads and associated
structures other than ordinary wear and tear. In the interest of safety, any
damage is to be reported immediately to Council. An operator may be subject to
fines due to damage caused to Council roads by their heavy vehicle.
If you have any queries,
please contact the Infrastructure, Strategy, Planning and Programming Team
Administration Officer on 02 6578 7290.
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.