Made under Section 138 Roads Act 1993 (NSW)

Coolamon Shire Council is the Road Authority for public roads within Coolamon Shire, with the exception of freeways and crown roads. To undertake work/activity on, or alongside, public roads an S138 permit must first be obtained. This advises Council of the planned work/activity and allows Council to assess the necessary implementation of standards relevant to the work/activity being proposed. These specific standards need to be identified and adhered to, ensuring Coolamon Shire roads are kept safe and well maintained.

I/we, the applicant, apply to Coolamon Shire Council, as the roads authority for the road and/or road reserve, for consent to undertake the above mentioned works and/or activity in, on or over the specified road as shown in the attached plan.

1.1. The Work/Activity must be conducted according to the Plan and the Specifications.
1.2. The Applicant must complete any backfilling of trenching works in accordance with Council's Conditions.

The Applicant must comply with all Council requirements in relation to the Work/Activity:

a) Contained in this Permit and annexures:
b) Contained in any notice in writing concerning the Work/Activity given to the Applicant by the Council; and
c) Any direction given to the Applicant by the Council.

The Applicant must observe all requirements with respect to the Work/Activity imposed by any statute, regulation or ordinance or otherwise imposed by a statutory or other authority.

The Work/Activity must not be carried out at any time other than during the Consent Period.

The Applicant must carry out the Work as expeditiously and safely as practicable and proceed continuously until completion.

6.1. All pipe work crossing the Road must be laid perpendicular to the direction of the Road unless otherwise consented to by Council and described in the Specifications or shown in the Plan.
6.2. All pipework crossing the road must be easily identified by means of boundary markers or pipe location markers. These are to be installed and maintained by the applicant.
6.3. If pipe is approved to be laid longitudinally with the road markings are to be placed at regular intervals (150m) along the length of the pipeline. These are to be installed and maintained by the applicant.
6.4. The pavement surrounding any excavation of the Road must be neatly saw-cut prior to excavation.
6.5. The Applicant must ensure that any cut pavement maintains a neatly finished edge at all times.

7.1. The Applicant must give the Council a minimum of five working days notice prior to when the Work/Activity is to commence.
7.2. The Applicant must notify Council as soon as the Work is completed if completion occurs during Business Hours.
7.3. The Applicant must notify Council during the next Business Hours if the Work is completed outside of Business Hours.

The Work is carried out at the Applicant's expense.

This Permit must be signed for and on behalf of Council in order for consent to be granted; and must also signed by the Applicant in acknowledgement of the conditions under which this consent is granted.

Any Service Conduit placed across the Road must have at least 600mm of fill cover.

Where any footpath is disturbed it must be restored to the original condition by the Applicant at the Applicant's cost.

13.1. Where Council is required to undertake Restoration works, determination of the Restoration Fees is governed by Section 67 of the Local Government Act.
13.2. Where a Restoration Fee is applicable the Applicant must pay the Restoration Fee:
a) As soon as the Work is completed if completion occurs during Business Hours; or
b) During the next Business Hours if the Work is completed outside of Business Hours.
13.3. If disturbance to the Road exceeds that shown on the Specifications, the Applicant must pay the additional cost to Council for restoration.

The Applicant indemnifies and holds Council harmless against all Claims by any person arising in connection with any acts or performance of an obligation under this Permit.

14.1. Specific Indemnities: -Without limiting clause 13.5 the Applicant indemnifies and holds Council harmless against any Claim arising directly or indirectly out of the following:
a) The construction and installation of the Work;
b) Conduct by the Applicant which amounts to a breach of any license, permit, approval or legislation:
c) Council granting consent to the Applicant to carry out the Work;
d) Failure to comply with any obligation of the Applicant under this permit.
14.2. Applicant to Maintain Insurance
a) The Applicant must maintain a public liability insurance policy with an insurer approved by Council with a limit for any one event of not less than twenty million dollars ($20,000,000).

b) The Applicant must produce evidence of the currency and terms of insurance as part of each permit application.
c) The insurance must be on terms to the reasonable satisfaction of Council and name Council as an insured party

15.1. The Applicant must ensure that a Traffic Management Plan is in place whilst the Work is being carried out.
15.2. The appropriate traffic control measures must be established at the Applicant's cost.
15.3. The traffic control measures must be in accordance with the current RMS Guidelines "Traffic Control at Work Sites".
15.4. The Applicant must not interrupt or otherwise disturb the traffic flow on the Road without the written consent of Council.

16.1. Where the applicant is not able to meet the standards required, the applicant can contract the services of another provider that can.
16.2. Where council is required to undertake the restoration works, the Applicant is responsible for the Works until Council's road maintenance service provider completes the standard road pavement restoration. Where the applicant undertakes to do the restoration work themselves, then the applicant is responsible until Council agrees to the standard of that restoration work

17.1. In the Applicant's absence from the site of the Work, or in the event of any emergency (for which the Council has sole right of decision), Council may take such action as it considers necessary to prevent:
a) Loss of or damage to the whole or any part of the Work;
b) Loss or damage to the Road or any property adjacent to the work; or
c) Toprevent personal injury to any person;
17.2. Any such action (under sub-clause 15.2) is at the Applicant's expense.

18.1. Carry out the Work with due regard to the safety and rights of the public:
18.2. In addition to clauses 0 and 3 comply with the requirements of the NSW Workcover Authority, the Department of Industrial Relations & Employment, and the Police Service of NSW.
18.3. Conduct Dial Before You Dig Enquires with relevant Providers and Provide Evidence to Council.

19.1. If it is necessary in the reasonable opinion of Council:
a) To relocate or remove any portion of the Work; or
b) Carry out any additional work for the safety and protection of the public, Applicant must relocate or carry out such removal or additional work as reasonably determined by the Council.
19.2. Any such relocation and/or additional work required to be carried out is at the Applicant's expense.

a) Prejudice or affect the rights of the public to free passage upon or along the Road;
b) Authorise any nuisance to, or permanent obstruction of, the Road or public places;
c) Confer upon the Applicant exclusive right or title to that part of the Work within the boundaries of the Road, or
d) In any way restrict or limit the powers of the Authority and the Council in respect of the Road.

Upon commencement by the Applicant of any part of the Work it shall be deemed that the Applicant has agreed with the Council to comply with the conditions of this consent.

a) That stock warning signs as described in the Local Land Act 2013 indicating the presence of stock on the road shall be prominently displayed 200 metres before and after the section of road being used:
b) Stock signs must be displayed at all times when stock are on or adjacent to a roadway, and removed when stock are no longer present;
c) That the distance over which stock are being grazed does not exceed 2kms at any one time;
d) When stock are being moved along the road, warning signs shall be no further than 5kms apart;
e) That at least one person shall be attending the stock at all times;
f) That the stock may only be present on a public road during daylight hours.

See Privacy Notification on page 3.

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A. The Council is a public roads authority for the Road under s7(4)(b) of the Roads Act 1993 (NSW).

B. The Council consents to the Applicant placing, installing or erecting the Work within or across the Road under the conditions contained in this Permit.

C. The consent is granted under s138 of the Roads Act 1993.

"Act" means Roads Act 1993 (NSW)

"Applicant" means the signatory on the application being the individual(s) with the authority and the responsibility for the carrying out of the work;

"Restoration Fee" means a fee paid to Council in consideration for the Council restoring the Road surface after completion of the Work;

"Road" means the listed road in the application including the road reserve.

"Business Hours" means the opening hours of Coolamon Shire Council Administration Centre;

"RMS" means Roads and Maritime Services;

"Claims" means any loss, damages, claims, demands, causes of action or suits of any kind;

"Service Conduit" means conduits used to run service wires and cables underground;

"Consent Period" means dates as per the dates on the application;

"Traffic Management Plan" means the Traffic Management Plan (also referred to as Traffic Control Plan or TCP) as required by Council; and

"Council" means Coolamon Shire Council;

"Council Officer" means the Coolamon Shire Council's nominated officer;

"Work" means the plan of works described in application, including any restoration whether by the applicant or Council, and special instructions as deemed required by Council.

"Permit Fee" means the fee paid by the Applicant to Council for the administrative costs associated with the issue of the Permit and shown in the Specifications;

"Pipe work" means pipes, conduits, hoses, tubing, cables and wires;

"Plan" means the plan attached and marked Annexure "A";

An Application should be lodged for Consent to carry out a Section 138 Roads Act Activity if the Applicant proposes to:

• erect a structure or carry out a work in, on or over a public road, or
• dig up or disturb the surface of a public road, or
• remove or interfere with a structure, work or tree on a public road, or
• pump water into a public road from any land adjoining the road, or
• connect a road (whether public or private) to a classified road being a main road, a state highway, a controlled access road or a secondary road.

Any permit issued will not be valid without the above information and the original application attached.

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