WORKS WITHIN

ROAD RESERVE MANUAL

Standards and Requirements

Document Printed on: 20 January 20159:35 AM

Works Within Road Reserve Manual

Revision Number / Revision Date / Release Date
Original / 28June 2012
Revision 1 / 22 January 2015 / 29 January 2015

Document Printed on: 20 January 20159:35 AM

Works Within Road Reserve Manual

TABLE OF CONTENTS

1.INTRODUCTION

2.LEGISLATION

2.1water corporations

2.1.1Section 133(2)

2.1.2Section 134(1)

2.1.3Section 137

2.1.4Section 149

2.1.5Section 155

2.2Electricity CORPORATIONS

2.2.1Section 93

2.3Gas ORGANISATIONS

2.3.1Section 148(1)

2.3.2Section 148(4)

2.3.3Section 148(5)

2.3.4Section 149

2.3.5Section 149(3)

2.4Telecommunications organisations

2.4.1Clause 5 of Schedule 3 – Telecommunications Act

2.4.2Clause 6(1) of Schedule 3 – Telecommunications Act

2.4.3Clause 9 of Schedule 3 – Telecommunications Act

2.4.4Clause 10 of Schedule 3 – Telecommunications Act

2.4.5Clause 19(1) of Schedule 3 – Telecommunications Act

2.4.6Clause 42(1) & (2) of Schedule 3 – Telecommunications Act

2.4.7Clause 43 of Schedule 3 – Telecommunications Act

2.4.8Clause 3.1(2) – Telecommunications (Low-Impact Facilities) Determination

2.4.9Clause 2.3 – Telecommunications Code of Practice

2.4.10Clause 2.4 – Telecommunications Code of Practice

2.4.11Clause 2.5 – Telecommunications Code of Practice

3.General Requirements

3.1Consent for works

3.2notification of works

3.3Notification of emergency works

3.4Public Safety

3.5Provision for Traffic

3.6hours of work

3.7utility company Representatives

3.8Public notification of works

3.9site offices

3.10DAMAGE TO COUNCIL INFRASTRUCTURE

3.10.1Clause 55 - Damage To Road And Other Infrastructure

3.10.2Clause 59 - Failure Of Utility Infrastructure In Road Reserves

3.11ENVIRONMENTAL and cultural heritage PROTECTION ZONES

4.construction requirements

4.1Locating Infrastructure in the road reserve

4.1.1Aerial Infrastructure – Position and Height Clearance

4.1.2Underground Infrastructure - Arterial Roads (Appendix B)

4.1.3Underground Infrastructure - Municipal Roads

4.1.4Underground Infrastructure - Public Pathways and Roadsides

4.2Removal of Spoil

4.3Stockpiling Material

4.4Conduits

4.4.1Colour of Conduit – Hazardous Service

4.4.2Colour of Conduit – Telecommunications Service

4.5Installing infrastructure under roadways

4.5.1Boring

4.5.2Excavation

4.6Excavation Near Trees

4.6.1Background

4.6.2Tree Roots

4.6.3Works Relating to Utility Companies

4.6.4Other Works Within Road Reserves Affecting Trees, Shrubs, and Indigenous Vegetation

4.6.5Branches Obstructing Works

4.6.6Removal of Trees by Utility Company

5.Reinstatement of work area

5.1MATERIALS

5.1.1Class 2 and Class 3 FCR

5.2Bedding

5.3Backfilling

5.3.1Conduits under Unpaved Areas

5.3.2Conduits under Existing Paved Areas including Shoulders and Verges

5.4Compaction Standards

5.4.1Bedding and backfill (except pavement)

5.4.2Pavement

5.5Compaction Equipment

5.5.1Vibrating Plate Compactors

5.5.2Tamping Rammers

5.6Testing

5.6.1Bedding and backfill (except pavement)

5.6.2Pavement

5.7Reinstatement quality assurance

5.8Maintenance

5.9Finished Surface Reinstatement

5.10timing of reinstatements

5.11temporary reinstatements

5.12Extent of reinstatements

5.12.1Roads

5.12.2Footpaths and Driveways

5.12.3Kerb and Channel

5.13Pre-Cutting of Works

5.14Street Furniture

5.15Road Opening Liability

5.16Failure to comply

5.17PERMITS required under local law

5.18Exemption fRom PERMITS required under local law

5.19Special Circumstances

6.Council’s standards

6.1Roadsides

6.1.1Definition

6.2PATHWAYS

6.2.1Gravel

6.2.2Asphalt

6.2.3Concrete

6.3Kerb and Channel

6.3.1Concrete & Bluestone Channel

6.4Property Stormwater Drains

6.4.1P.V.C.

6.4.2Earthenware

6.5Driveways

6.5.1Gravel

6.5.2Asphalt

6.5.3Concrete

6.6Road Shoulders

6.6.1Sealed

6.6.2Unsealed

6.7roadways

6.7.1Sealed

6.7.2Unsealed

appendices

6.8Appendix A – Infrastructure Design Manual

6.9Appendix B - DECLARED ROADS LIST

6.10Appendix C - Asphalt Selection Guide

6.11Appendix D – Bluestone pitcher channel

6.12Appendix E – Bluestone kerb and concrete channel (major works)

6.13Appendix F – Bluestone kerb and channel (minor works)

6.14Appendix G – Vehicle crossings bluestone kerb and channel

6.15Appendix H – Pedestrian crossing bluestone kerb and channel

6.16Appendix I – Main Road Pavement Reinstatement

Document Printed on: 20 January 20159:35 AM

Page 1

Works Within Road Reserve Manual

Document Printed on: 20 January 20159:35 AM

Page 1

Works Within Road Reserve Manual

1.INTRODUCTION

Municipalroads (includingpathways (footpaths)) are key assets under the management and control of the City of Greater Geelong.

A number of statutory authorities and private organisations are responsible for utility assets, such as cables and pipes, that runin, under and over municipal roads. Such utilitiesinclude: Telstra, Optus, Powercor, Barwon Water, and SPI Networks. They require access to their assets from time to time in order to service or upgrade them.

In order to access their various assets, it is necessary for the utilities to open themunicipal road, and when work is completed, any opening must be made ‘good’. Making ‘good’ requires that any material used for filling and its subsequent compaction must be compatible with the surrounding material to ensure that the structural integrity of the municipal roadis maintained. If the opening has been in a sealed roadway or pathway, the final seal must also be of the same type as the surfacesurrounding the opening, unless otherwise approved. All work must be to the satisfaction of Council by way of adopted standards.

It is apparent that there is a limited understanding of the standards for Municipal road reinstatementswhich is resulting in poor quality workmanship being conducted by those carrying out the work and those responsible for overseeing the work.

This document sets out the standards and requirements that Council has developed in relation to carrying out of workson municipal roads by utility organisations when it comes to installing, maintaining and inspecting their infrastructure in municipal roads. All works undertaken by utilities for installation, maintenance, inspection of their assests, must comply with this document as well as Council’s Road Management Plan, the Road Management Act 2004 and the applicable Codes of Practice made pursuant to the Road Management Act..

2.LEGISLATION

Most utility organisations operate under an Act of Parliament (eg Barwon Water under the Water Act 1989) These Actsimpose obligations on the organisation for the carrying out of works within areas of land and/or affecting assets owned by other authorities or private entities.

In general, however these organisations are subject to the Road Management Act 2004. This Act prevails over all other Acts to the extent of any inconsistency (including local laws) unless the contrary is stated.

The utility organisations are also subject to a range of other Acts which may have an impact on if and how they can carry out works on a municipal road. This legislation includes the:

Environmental Protection Act 1970 (Vic)

Local Government Act 1989 (Vic)

Heritage Act 1995 (Vic)

Aboriginal Heritage Act 2006 (Vic)

Mines Act 1958 (Vic)

Planning and Environment Act 1987

Environmental Protection and Biodiversity Conservation Act 1999 (Cth)

2.1water corporations

The powers and responsibilities of Barwon Water and other associated water corporationsincluding their contractors are set outin the Water Act 1989 (Vic).

The main sections of the Water Act 1989relevant to carrying out works on municipal roads are sections 133(2), 134(1), 137, 149 and 155.

2.1.1Section 133(2)

Under section 133(2) of the Water Act 1989, an officer of anAuthority (which includes a water corporation) or anauthorised person may enter any land for the purpose of carrying out any works it is empowered to carry outunder the Water Act 1989.

When exercising a right under section 133(2) of the Water Act 1989, a waterauthority or authorised person must:

(a) comply with the obligations set out in section 134(1) of that Act (seebelow); and

(b) give seven days’ prior notice to the “occupier” of the land.

2.1.2Section 134(1)

Section 134(1) of the Water Act 1989 provides that:

In exercising the powers given by section 133, an officer orauthorised person must –

(a) cause as little harm and inconvenience as possible; and

(b) not stay on the land for any longer than is reasonablynecessary; and

(c) remove from the land on completing the works all plant,machinery, equipment, goods or temporary buildings broughtonto the land by the officer or authorised person, other thananything that the owner or occupier of the land agrees may beleft there; and

(d) leave the land as nearly as possible in the condition in which heor she found it; and

(e) co-operate as much as possible with the owner and occupier ofthe land.

2.1.3Section 137

Section 137 of the Water Act 1989 states that subject to the Road Management Act 2004, an Authority may enter upon any public or private land or road for the purpose of carrying out any works that the Authority is empowered to carry out; and temporarily close to traffic the road or any part of it, if it is necessary to do so for the carrying out of such works.

The water corporation must comply with the requirements of the Road Management Act 2004, before entering into and doing works on roads.

2.1.4Section 149

Section 149 of the Water Act 1989applies to the removal of trees and combined with the Road Management Act 2004 (Vic) provides the basis for managing works which impinge on roadside and municipal reserve trees. Specifically it provides in part that:

(1) An Authority may, by notice in writing, require the owner of anyproperty to remove any tree on that property if the Authorityreasonably decides that the tree is obstructing or damaging theAuthority’s works or that it is likely to obstruct or damage them.

(2) If the tree required to be removed is not on land over which

(a) an easement exists in favour of the Authority; or

(b) an easement exists for water supply, sewerage or drainagepurposes -the Authority must, subject to sub-section (7), pay appropriatecompensation to the owner of the property in accordance with Part 5of the Land Acquisition and Compensation Act 1986;

(7) An Authority is not liable to pay compensation for the removal of atree that is planted after the completion of the works of the Authoritythat are obstructed, damaged or at risk.

2.1.5Section 155

Section 155 of the Water Act 1989 provides that:

(1) An Authority must cause as little damage and inconvenience as possible in the performance of its functions.

(2) An Authority is liable, unless this Act specifically provides otherwise, to compensate any person who has:

(a) sustained any pecuniary loss; or

(b) incurred any expense

as a direct, natural and reasonable consequence of the performanceof the Authority’s functions.

2.2Electricity CORPORATIONS

The powers and responsibilities of Powercor and other associated electricitycompaniesincluding their contractors are set outin the Electricity Industry Act 2000 (Vic), Electricity Safety Act 1998 (Vic) and Electricity Safety (Electric Line Clearance) Regulations 1999 (Vic).

The Electricity Industry Act 2000 (State) is the relevant Act to the requirements set out in this manual, with specific reference made tosection 93.

2.2.1Section 93

Section 93 of the Electricity Industry Act 2000 confers a number of powers on an electricity corporations in relation to the carrying out of works on land. These powers include the power:

(a) to enter upon any lands and sink bores and makesurveys and do any other acts or things necessary for sinking bores or makingsurveys;

(b) with any equipment or devices, to receive, store, transmit, or supply electricity,water, brown coal or products of brown coal over, or under, any land and to enter on any land upon either side of such equipment and fell or remove any treeor part of a tree or any obstruction which in the opinion of the electricitycorporation it is necessary to fell or remove;

(c) subject to the Road Management Act 2004, to enter upon any public or private land or roads and construct any works orplace on under or over any such land or road any structure or equipment andrepair, alter or remove any such structure or equipment or any works under itscontrol; and

(d) to do all other things necessary or convenient for constructing, maintaining,altering, or using any works or undertakings of, or under the control of, theelectricity corporation.

Under section 93(2) of the Electricity Industry Act 2000, in exercising the powers set out insection 93(1) of the Electricity Industry Act 2000, an electricitycorporation must:

“. . . do as little damage as may be and, must, if required within 2 years from theexercise of the powers, make full compensation to the owner of and all partiesinterested in any land for any damage sustained by them in consequence of theexercise of the powers.”

The entitlement to compensation under section 93(2) is not affected by anything to the contrary in Road Management Act 2004 or any right conferred by, or any obligation or duty imposed under, the Road Management Act 2004.

An access code issued by the Commission under thissection must not confer any right or power, or imposeany obligation or duty, which is inconsistent with theRoad Management Act 2004. An access code has no effect to the extent of anyinconsistency under sub-section 93(7).

2.3GasORGANISATIONS

The powers and responsibilities of SPI Networks and other associated gas supplyorganisationsincluding their contractors are defined in the Gas Industry Act 2001 (Vic). The sections of relevance to the requirements set out in this manual are sections 148 and 149.

2.3.1Section 148(1)

Section 148(1) of the Gas Industry Act 2001gives a gas distribution company powers in relation to entry onto land including:

:

(a) after giving 7 days’ notice in writing to the occupier, enter upon any lands and make surveys and do any other acts or things necessary for making surveys; and

(b) with any pipes, equipment or other devices, receive, store or convey gas over, or under, any land; and

(c) after giving 7 days’ notice in writing to the occupier, enter on any land on either side of any pipes, equipment or other devices referred to in paragraph (b), and fell or remove any tree or part of a tree or any obstruction which in the opinion of the gas distribution company or gas transmission company it is necessary to fell or remove; and

(d) after giving 7 days’ notice in writing to the occupier, enter upon any public or private land or roads and construct any works or place on under or over any land any pipeline, work, structure or equipment and may repair, alter or remove any such pipeline, work, structure or equipment or any works under its control; and

(e) do all other things necessary or convenience for constructing, maintaining, altering, or using any pipelines, works or undertakings of the gas distribution company or gas transmission company.

2.3.2Section 148(4)

In exercising any of the powers under section 148(1) of that Act, a gas distribution company or gas transmission company must:

(a) not stay on the land any longer than is reasonably necessary; and

(b) if the powers relate to the carrying out of works, must, on completing the works, remove from the land all materials brought onto the land for the purposes of those works other than anything that the owner or occupier of the land agrees may be left on the land; and

(c) leave the land as nearly as possible in the same condition as it was in before the exercise of the powers; and

(d) co-operate as much as possible with the owner and occupier of the land.

2.3.3Section 148(5)

Section 148(5) of the Gas Industry Act 2001 provides that:

“In the exercise of the powers under sub-section (1) a gas distribution company or gas transmission company must do as little damage as possible and must, if required within 2 years from the exercise of the powers, make full compensation to the owner of and all parties interested in any land for any damage sustained by them in consequence of the exercise of the powers.”

2.3.4Section 149

Section 149 of the Gas Industry Act 2001 gives power to gas distribution companies to enter onto and open and break up roads. However, this power is subject to the Road Management Act 2004.

Section 149(1) in particular provides that the gas distribution company may:

(a)open and break up the soil and pavement of any public or private road or bridge; and

(b)temporarily stop traffic on a road or bridge.

2.3.5Section 149(3)

Under section 149(3) of the Gas Industry Act 2001, if a gas distribution company or gas transmission company has opened or broken up a road or bridge, it must:

(c) bear or pay all reasonable expenses of the repair of the road or bridge for 6 months after it is restored, so far as those expenses have been incurred by opening or breaking up the road or bridge.

2.4Telecommunications organisations

The powers and responsibilities of Telstra, Optus and other associated Telecommunicationscompanies,including their contractors, are defined in the Telecommunications Act 1997 (Cth), Telecommunications (Low-Impact Facilities) Determination 1997 and the Telecommunications Code of Practice 1997 (made binding by Clause 15(2) of Schedule 3 of the Telecommunications Act).

Clauses relevant to the requirements set out in this manual are:

  • Clauses 5, 6(1), 9, 10, 19(1), 42(1) & (2)and 43 Schedule 3 of the Telecommunications Act 1997 (Cth):
  • Clause 3.1(2) of the Telecommunications (Low-Impact Facilities) Determination 1997;and
  • Clause 2.3, 2.4 and 2.5 Telecommunications Code of Practice 1997.

2.4.1Clause 5 of Schedule 3 – Telecommunications Act

Under clause 5 of Schedule 3 to the Telecommunications Act 1997, for the purposes of determining whether any land is suitable for its purposes, a carrier may:

(a) enter on, and inspect, the land; and

(b) do anything on the land that is necessary or desirable for that purpose, including, for example:

(i) making surveys, taking levels, sinking bores, taking samples, digging pits and examining the soil; and

(ii) felling and lopping trees and clearing and removing other vegetation and undergrowth; and

(iii) closing, diverting or narrowing a road or bridge; and

(iv) installing a facility in, over or under a road or bridge; and

(v) altering the position of a water, sewerage or gas main or pipe; and

(vi) altering the position of an electricity cable or wire.

2.4.2Clause 6(1) of Schedule 3 – Telecommunications Act

If clause 6(1) of Schedule 3 to the Telecommunications Act 1997 (see paragraph 36.1)authorises a carrier to carry out the installation of a facility, clause 6(2) of Schedule 3 tothe Telecommunications Act 1997 permits the carrier, in connection with the carrying outof that activity, to:

(a) enter on, and occupy, any land; and

(b) on, over or under the land, do anything necessary or desirable forthose purposes, including, for example:

(i) constructing, erecting and placing any plant, machinery,equipment and goods; and

(ii) felling and lopping trees and clearing and removing othervegetation and undergrowth; and

(iii) making cuttings and excavations; and

(iv) restoring the surface of the land and, for that purpose, removingand disposing of soil, vegetation and other material; and

(v) erecting temporary workshops, sheds and other buildings; and

(vi) levelling the surface of the land and making roads.

2.4.3Clause 9 of Schedule 3 – Telecommunications Act

Clause 9 of Schedule 3 to the Telecommunications Act 1997 provides that:

(1) If a carrier engages in an activity under Division 2, 3 or 4 [which dealwith carriers’ powers with respect to inspection, installation, andmaintenance of facilities] in relation to any land, the carrier must takeall reasonable steps to ensure that the land is restored to a conditionthat is similar to its condition before the activity began.

(2) The carrier must take all reasonable steps to ensure that therestoration begins within 10 business days after the completion of thefirst-mentioned activity.

(3) The rule in subclause (2) does not apply if the carrier agrees with:

(a) the owner of the land; and

(b) if the land is occupied by a person other than the owner – theoccupier;to commence restoration at a time after the end of that period of 10 businessdays.

2.4.4Clause 10 of Schedule 3 – Telecommunications Act

Clause 10 of Schedule 3 to the Telecommunications Act 1997 provides that:

A carrier must, in connection with carrying out an activity covered by Division 2, 3 or 4 [which deal with carriers’ powers with respect to inspection, installation and maintenance of facilities], meet the requirements state in Clause 2.5 of the Telecommunications Code of Practice.