Policy template Works or events in the Local Government road reserve
Note: WALGA provides this policy template as a guide for Local Governments developing or amending policy relevant to works and events in the local road reserve. This policy template provides suggested wording only and Local Governments should consider, develop and implement policy according to their governing documents and operational requirements.
Contents Introduction ...... 2 Policy Objective ...... 2 Policy Statement ...... 2 Policy Scope ...... 2 Statutory Authority ...... 3 Other Publications ...... 3 Related Policies, Standards, Guidelines and Procedures ...... 3 Definitions ...... 3 Approval to undertake works or hold an event in the road reserve ...... 4 Works requiring a permit ...... 5 Events requiring a permit ...... 5 Unplanned works ...... 5 Emergency works ...... 5 Traffic management ...... 6 Works near permanent traffic signals ...... 6 Safety at site works ...... 6 Compliance with and variation of conditions ...... 6 Long term use of contractors or sub-contractors ...... 7 Inspections ...... 7 Cancellation of permit ...... 7 Restoration requirements ...... 7 Annexure 1 ...... 8
1
Policy Number: Date of Adoption: Council Resolution: Schedule for Review: Introduction
Works and events in the road reserve can create potential hazards giving rise to personal injury or damage to property resulting in loss, litigation or prosecution if reasonable care is not taken to protect road users, road workers or any person in the road reserve. Works or events may interfere with current or future activities of the
Any party planning works or an event in the road reserve has a duty of care to take all reasonable steps to prevent any person being injured or property being damaged while carrying out the works or conducting the event. Under current occupational safety and health legislation an employer is required to provide a safe place of work for employees. In addition, any person who is in control of a workplace must take measures to ensure people who have access to that workplace – including road users in the case of road works or an event – are not exposed to hazards.
Under the provisions of the Land Administration Act 1997, the
Annexure 1 identifies the process of advising the
To ensure works and events undertaken in the road reserve and on other land under the control of the
All planned works and events in the road reserve and on other land under the control of the
The
This policy applies to: 1. Planned works or events in the road reserve and on other land under the care and control of the
2
2. Unplanned works in the road reserve and on other land under the care and control of the
Local Government Act 1995 Local Government (Uniform Local Provisions) Regulations 1996 (section 17) Land Administration Act 1997
Traffic Management for Works on Roads Code of Practice 2018 or latest version (Main Roads Western Australia). Traffic Management for Events Code of Practice 2017 or latest version (Main Roads Western Australia). Utility Providers Code of Practice for Western Australia 2015 or latest version (Utility Services Providers Committee). Restoration and Reinstatement Specification for Local Governments in Western Australia 2002 or latest version (Institute of Public Works Engineering Australia, WA Division Inc.) Related Policies, Standards, Guidelines and Procedures
The following policies, guidelines and procedures are relevant to this policy:
Definitions
City means the
Duty of care means the legal duty of all employers, employees and others including contractors and consultants who have an influence on the potential hazards at a work site, which requires them to take reasonable care to protect the health and safety of others at the work site including road users who may be at foreseeable risk of harm. [Traffic Management for Works on Roads Code of Practice (Main Roads WA)].
Emergency works means works to address an immediate life threatening situation or address an immediate event likely to cause substantial damage to public or private property and the consequences of not taking action are judged to be worse than if action is taken.
Footpath means the paved or made portion of a thoroughfare used or intended for use by pedestrians and cyclists.
Kerb includes the edge of a carriageway.
Local Government means a Local Government established under the Local Government Act 1995.
Local law means
Person means any person, company, public body, association or body of persons corporate or unincorporated and includes an owner, occupier, licensee and permit holder.
3
Planned works means works that are planned for the future and do not require an immediate response. Planned works may be maintenance or capital type works.
Road authority means the organisation that has responsibility for the care, control and management of the road(s) subject to any works or events.
Road reserve includes the land set aside, gazetted under an enactment, or commonly used by the public as a road and all verges, traffic islands, median strips and other provisions associated therein for the conveyance or travel of people but does not include tenements or freehold land.
Shire means the
Thoroughfare means a road or other thoroughfare and includes structures or other things appurtenant to the thoroughfare that are within its limits, and nothing is prevented from being a thoroughfare only because it is not open at each end (Section 1.4 of the Local Government Act 1995); but does not include a private thoroughfare which is not under the management or control of the
Town means the
Traffic management plan means a document containing Traffic Control Diagrams and documentation of project details in regard to traffic management at a work site. The documentation of project details includes, inter alia, responsible personnel, proposed timing of the works, approvals gained, traffic volumes/type details, documentation of risk management and special provisions for specific road user types e.g. pedestrians and cyclists. [Traffic Management for Works on Roads Code of Practice (Main Roads WA)].
Unplanned works means works to address unanticipated day-to-day maintenance or rectification of failures/breakdowns that require a timely response.
Utility provider means an organisation that provides services consumed by the public, such as, electricity, gas, water, sewerage, communications, transportation, etc.
Verge means that part of a thoroughfare between the carriageway and the land which abuts the thoroughfare but does include any footpath.
Works means construction and maintenance work in work sites wholly or partly within the road reserve boundaries. Approval to undertake works or hold an event in the road reserve
In accordance with
An application for a permit shall: a) be in the form determined by the
4
The
The
An application for a permit shall be submitted at least
The
Works requiring a permit A person shall not, without a permit: a) Cause any interference or obstruction to a vehicle or a person using a thoroughfare as a thoroughfare. b) Interfere with, excavate, damage, or destroy any thoroughfare, kerb or footpath or any other structure in the road reserve. c) Dig or otherwise create a trench through or under a road, kerb, footpath or any portion of the road reserve. d) Make any alterations to the carriageway or any other thing in a thoroughfare. e) Place or install any thing on any part of a thoroughfare, including gravel, stone, flagstone, cement, concrete slabs, blocks, bricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust (unless installing or maintaining a permissible verge treatment). f) Erect or install any structure or service above or below ground or on any structure which is
Events requiring a permit Events requiring a permit are identified in Part 4 (Event Categories) of the Traffic Management for Events Code of Practice.
Unplanned works Instances commonly arise when a person must undertake works within the road reserve in response to a failure/breakdown of their infrastructure. On occasions these works are short term, do not disturb
If the works disturb or will disturb
Emergency works Due to the nature of emergency works, approval need not be obtained from the
5
practicable.1 The specification for reinstatement work including sign-off shall be obtained from the
A detailed discussion is required with the
Traffic management plans for works on roads are to be prepared in accordance with the current version of the Traffic Management for Works on Roads Code of Practice (Main Roads WA).
Traffic management plans for events on roads are to be prepared in accordance with the current version of the Traffic Management for Events Code of Practice (Main Roads WA).
Works near permanent traffic signals
Any traffic management plan at permanent traffic signals on a Local Government road that requires the following is defined as “complex traffic arrangements” (section 5.2.2 of the Traffic Management for Works on Roads Code of Practice): 1. Alteration to the function of the traffic signals or signal display (e.g. flashing yellow, masking displays, modifying movements or phasing); or 2. Closure of a traffic lane (including tapers or road closures): a. within a signalised intersection, or b. within 30 m of the stop line on the approach, or c. within 30 m of the adjacent stop line on the departure, or 3. Closure of any part of a signalised dedicated turning lane.
A traffic management plan requiring the above shall, after being authorised by the
Safety at site works
Any parties performing restoration works in a Local Government road reserve or on other property under the care and control of a Local Government has a duty of care to take all reasonable steps to prevent any person being injured or property being damaged while carrying out the works. Excavations and site works shall be protected by applying traffic management and temporary road safety barrier systems in accordance with the Traffic Management for Works on Roads Code of Practice and approval conditions of the
Compliance with and variation of conditions
1 Utility Providers Code of Practice for Western Australia (Utility Providers Services Committee) 2015, clause 6.1.1 (f), p. 8
6
Where an application for a permit has been approved subject to conditions or where a permit is to be taken to be subject to conditions, the permit holder shall comply with each of those conditions.
The
The
The
The specification for reinstatement work including sign-off of works undertaken and maintenance period shall be obtained from the
The person undertaking the works is responsible for the duty of care ensuring the safety of the public as well as workers during all works and reinstatement until the site is accepted as satisfactory by the
2 ibid., clause 7.4, p. 17 3 ibid., clause 9.1, p. 21 4 Restoration and Reinstatement Specification for Local Governments in Western Australia (Institute of Public Works Engineering Australia, WA Division) 2002, clause 2.1.3, p. 6
7
Annexure 1
END OF DOCUMENT
8