If you're planning on carrying out works or activities on Council roads and footpaths, including constructing a driveway, you must seek Council approval before starting by obtaining a section 138 certificate.
If you are looking to carry out any of the following construction works, you must apply for Section 138 Works approval:
- Construct or reconstruct a driveway
- Remove a redundant driveway
- Connect to a public utility such as the water supply (i.e. road opening)
- Repair or reconstruct kerb and gutter within property frontage
- Repair or reconstruct footpath within property frontage
- Connection of proposed public roads to existing roads
- Footways paving, private utilities, landscape works, ramps, pipes, connecting to roads
- Permanent balconies and awnings, overhead crossings, encroachments by car parking spaces, posts
- Temporary anchors
- Connect stormwater to the kerb and gutter (i.e. road opening)
- Installation or construction of private utility to a public utility, etc.
- Mine blasting
Refer to Council Engineering Construction Specifications for Council requirements.
Where works are required within a Classified Road, the applicant must obtain concurrence from Roads and Maritime (RMS). Evidence of RMS concurrence shall be included in your application to Council for Section 138 approval.
While Council does not charge for a section 138 application, we do charge a permit fees as per our fees and charges schedule.
In order to make an application, Council requires the following in writing:
- Location and address of the cattle property
- Sections of roads affected
- Duration of use and near town times of the day is also required
- Number of head
Typical approval requires the following:
- Insurance that Indemnify Council against any liability claims arising from such approval
- Consent for this agreement is in accordance with the Rules and Conditions set out by the Local Lands Services
- The agreement can NOT be assigned or transferred to another person or company
- This consent is only valid when issued in conjunction with a Stock Grazing Permit issued by the Local Lands Services
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.