Working within road reserves consent

Under the Road Management Act 2004, you must obtain consent from Council (unless exempted), to excavate any part of the road reserve which is managed by Council. This is required when works impact roads, laneways, nature strips or footpaths.

You need consent from Council to dig any part of the road reserve, (roads, laneways, Council-managed car parks, nature strips or footpaths) managed by Council. This is required when works impact roads, laneways, Council-managed car parks, nature strips or footpaths. 

Works requiring consent include:

• excavations
• trenching
• core sampling
• connecting services such as water, gas, stormwater and underground power connections
• works that impact traffic
• reinstatement of a Council asset 

Council is the Coordinating Road Authority for streets and laneways (PDF 1.8 MB) within Port Phillip, and VicRoads is the Coordinating Road Authority for freeways and arterial roads, such as Brighton Road.

If the road where you want to work is owned by VicRoads, you should read the VicRoads Guide to Working in the Road Reserve and contact Vic Roads

Exemptions

When excavating any part of a road reserve, including roads, laneways, footpaths or nature-strips owned or managed by Council. Exemptions only apply to Service Authorities, everyone else must be issued with a Working Within Road Reserve Consent by Council before works commence. 

You are exempt from applying for Working Within Road Reserves consent if your works fit into any of the below categories:

• vehicle crossing- you require a permit under the Local Law
• mowing the roadside or nature

There are no exemptions for excavation works, not included within a road reserve, for example Council-managed car parks. These require a Road Opening Permit. 

Service Authorities

Service Authorities and their agents are exempt from applying for Working Within Road Reserves consent where:

• works are conducted in an emergency situation.
• are minor works that are not traffic impact works and
• do not consist of, or include, the excavation of any part of a roadway, pathway or shoulder
• consist of, or include, the excavation of any part of a roadway, pathway or shoulder, where the excavation is less than 8.5m²
• construction, repair or maintenance of a pathway that does not impact any type of vehicle or pedestrian traffic.

Service Authorities are not exempt when works are not 'minor works'

• that consist of, or include, the excavation of an area of a roadway, pathway or shoulder exceeding 8.5m² and where multiple opening/excavations of the road reserve where the total area exceeds the exemption for consent.

Refer to the Guide to Working in the Road Reserve to determine if your proposed works are exempt.

To find out more, the Road Management Act 2004

What does the permit cost?

Fees are set by the Department of Transport (VicRoads) and are outlined below.

When working in a school zone or where there is a variable speed limit, you will be charged the maximum speed.

A card payment fee applies.

There are no fees payable for notification of completion of works.

General works

General works are any work conducted other than minor works, by a person referred to in Regulation 10(2) that are traffic impact works.

Minor works

Minor works are conducted by a person referred to in regulation 10(2) that are traffic impact works.

Emergency Works

The road authority, infrastructure manager or works manager responsible for the works conducted in an emergency must notify the Coordinating Road Authority as soon as is reasonably practicable after making the site safe.

Emergency works does not exempt any Service Authority or its contractors from notifying Council (the Coordinating Road Authority) within the prescribed timeframes, following the completion of any works conducted in an emergency. 

• Notify us that you carried out emergency works within 24 hours of the event.
• You must apply for consent if additional repair works, or reinstatement works is required after the initial emergency.
• Notify us of completed works 7 days after completion or by the 14th day of the next month.

Are any other permits required?

On most occasions during building works, you may need to use Council’s surrounding assets to work from or for placement or storage of material or equipment.

If so, you may be required to apply for permit approval. Permits may include:

• Skip Bin Permit
• Street Occupation or Hoarding Permit
• Temporary or Permanent Vehicle Crossings
• Work Zone Permit
• Asset Protection Permit
• Road Opening Permits for excavating in non-road reserves and Council-managed car parks
• Out of Hours Permit.

For information please refer to Construction Permits.

Notification of completion of works

A person or organisation who conducted the works, must notify Council within seven business days of completing and reinstatement of these works. The completed works must be to Council's approved standards unless written advice is provided by Council‘s engineers to vary any standard engineering drawing.

Service Authorities or their agent where the works are exempt from obtaining consent or have been issued with a consent by Council must submit their notification of completion of work by 14^th of each month.

It is an offence under the Road Management Act 2004 not to notify council that works have been completed.

Reinstatement of road infrastructure is subject to a defects liability period of 12 months commencing from the date we inspect and approve your reinstatement. If there are any issues with reinstatement during this period, we will advise you to rectify it.

You do not need to notify Council if your works do not consist of, or include the excavation of any part of a roadway, pathway or shoulder.

To provide notice of completion of works, complete the Notice of Completion of Works form on Online Services.

Telecommunications

Telecommunication companies and their agents are exempt from consent under the Telecommunications Act 1997 for the installation of low impact facilities.

Telecommunication companies and their agents must however provide written notification of their intention to do so to the owner and the occupier (if the land is occupied by someone other than the owner). Further information can be found in the Telecommunications Act 1997.