When an applicant wishes to alter Council’s roads they are required to apply for authorisation by completing an
Application to Alter a Public Road form. Council is entitled to exercise the powers under the Local Government Act 1999.
Pursuant to Section 221 of the Local Government Act 1999 to alter the Road for the Term set out in the general conditions below.
General Conditions
The issuing of this Authorisation is subject to:
- The Applicant agreeing to the General Conditions of Authorisation as contained herein;
- The Applicant agreeing to any/all Special Conditions and Specifications that the Council may determine and attach to this Authorisation;
- The Applicant paying the prescribed fee prior to work commencing (if work to be done by Council).
- The Applicant advising Council on commencement and completion of any works.
General Conditions of Authorisation when works are not carried out by Council
The Applicant agrees:
- To using only qualified contractors to carry out the work in accordance with Council specifications when Council is not contracted for the work.
- For the term of the Authorisation, to comply with all applicable industry standards, health or safety standards, current standards of Standards Australia or any applicable Code of Practice.
- To ensure that all works carried out are undertaken to the highest standard and are carried out promptly and with all due care, skill and diligence.
- Pedestrian safety and access to be maintained at all times during construction.
- To ensure that any alteration to the road does not interfere with or cause damage to or in any way affect the property of any other person.
- To comply with any direction given by any authority, statutory authority or Council to remove, maintain or otherwise modify the alteration to the road subject to this Authorisation.
- That all fixtures and equipment erected or installed in, on, across, under or over the road remain the property of the Applicant pursuant to Section 209 of the Local Government Act, 1999.
- For the term of the Authorisation, to maintain all fixtures and equipment erected or installed, or vegetation planted, in good condition and to recognised standards.
- To indemnify the Council, its servants and/or agents against all actions, costs, claims and demands for injury, loss or damage arising out of any negligent act or omission of the Applicant in relation to the alteration to the road, the granting of this Authorisation and the general and special conditions contained herein and such indemnity shall be in addition to any statutory immunity in favour of the Council.
- For the term of the Authorisation, to take out and keep current a public liability policy of insurance to an appropriate level of cover per claim in respect of any negligent act or omission of the Applicant in relation to the alteration to the road or any activity arising out of or from the granting of this Authorisation by the Council.
- At the expiration or earlier termination of this Authorisation to remove, if so directed by the Council, any structure or object erected or installed on the road and to reinstate the road to the satisfaction of the Council.
- This Authorisation does not confer on the Applicant any exclusive right, entitlement or interest in the road and does not derogate from the Council’s powers arising under the Local Government Act, 1999.
Development Approval and Altering a Public Road
While Development Approval provides authority to develop your private property it does not provide the required approval to conduct works on Council land to alter a public road.
If your development requires the removal/ installation of stormwater pipes, create nature strip, repair damaged footway, close/open driveway crossover, extend driveway crossover, removal of council street tree, you are required to lodge
an application providing your Development Approval number and any other information you deem relevant.
Note: Before installing, an Underground Electrical Service
application is also required.
Dial Before You Dig
Before any excavation is undertaken you are required to make a Dial Before You Dig Enquiry to ensure you do not damage underground infrastructure.