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LAUNCESTON CITY COUNCIL PRIVATE WORKS ON ROADS BY-LAW BY-LAW NO 2

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LAUNCESTON CITY COUNCIL PRIVATE WORKS ON ROADS BY-LAW BY-LAW NO 2 Powered By Docstoc
					Gazetted 10.05.2000 – Page 695




                     LAUNCESTON CITY COUNCIL

                  PRIVATE WORKS ON ROADS BY-LAW

                          BY-LAW NO. 2 of 2000

A By-law of the Launceston City Council made under the provisions of Section
145 of the Local Government Act 1993 and Section 48 of the Local
Government (Highways) Act 1982 for the purpose of providing control and
management of private works on roads.

                            PART 1 - PRELIMINARY


1. Introduction

This By-law replaces By-law number 570, notified in the Government Gazette
on Wednesday the 30th January 1991 on page 79 and By-law Number 580,
notified in the Government Gazette on 5th February 1992 on page 107, both
of which lapsed from 31st March 1999 in accordance with the Local
Government (Savings and Transitional Provisions) Act 1993.


2. Short Title

This By-law may be cited as the Private Works on Roads By-law Number 2 of
2000.

3. Application

This By-law applies throughout the Launceston municipal area.


4. Interpretation

In this By-law:

“agreement” means a written agreement to carry out works in an approved
manner and to repair damage to any road or any other property of the
Council;

“approved” means approved by the Manager Infrastructure Assets;

“authorised officer” includes the Manager Infrastructure Assets, the
Manager Roads and any other person appointed by Council as an officer for
the purposes of this By-law;



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“Council” means the Launceston City Council;

“crossing” means a way constructed to give vehicular or any other access
from a highway to a site;

“damage” means any injury to a road which adversely affects its structure,
amenity, usefulness, visual quality or value;

“footpath” includes a nature strip, street trees, logs, barriers, shrub beds,
planted embankment, plantation and any area of like nature under the control
and management of the Council;

“owner” means:

a) a person holding title to land; or

b) a purchaser of land from a lender who owns title;

“road” means any road or part of any road owned or maintained by Council
or any part of a State highway maintained by Council and includes:

a) a local highway within the meaning of the Local Government (Highways)
   Act 1982;

b) a footpath;

c) any kerb, guttering, pavement or earth surface drain;

“site” includes any land where building or construction works are being
carried out and includes any land beyond the title boundaries which may be
affected by the building works;

“soil” means, in addition to natural soils, any mixture forming a combination
of natural soils, crushed rock or any kind of manufactured particulate matter;

“Manager Infrastructure Assets” means the Manager Infrastructure Assets
of the Launceston City Council;

“vehicle” means a vehicle within the meaning of the Traffic Act 1925;

“works” means:

(a) any building or construction works being carried out at a site including
subdivisional construction works in accordance with a permit granted pursuant
to the Land Use Planning Approvals Act 1993;

(b)   works for the construction or modification of a crossing;

(c)   excavations for, and the installation of, underground services;


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(d)    the erection of scaffolding or hoardings;

(e)    placing freight containers or rubbish skips in the road;

(f)    depositing soil or building materials on the road;

(g)    using tracked vehicles or construction equipment on the road;

(h)    the use of the road by any form of crane, or mechanically or hydraulically
       operated elevated platforms whether self propelled or mounted on road
       vehicles;

(i)      any other activity which requires the use of the road, or part of the
         road, for the purpose of carrying out works at a site.

         PART 2 - AGREEMENTS FOR PRIVATE WORKS ON ROADS

5.     Works not authorised without an agreement

      (1) A person who is not authorised by any State or Commonwealth
          legislation must not use the highway to perform works at a site without
          first entering into an agreement with Council to do so.

Penalty: a fine not exceeding 5 penalty units and for a continuing offence a
daily fine not exceeding 2 penalty units.


      (2) This provision has no application for works to be performed in any part
          of a State highway, which is subject to a separate approval process in
          accordance with Section 16 of the Roads and Jetties Act 1935.

6.     Contents of Agreement

        (1) An agreement, which provides for private works on roads is to
       specify:

       (a)   the steps to be taken by the owner or his/her agent to protect the
             road from damage.
       (b)   the standard requirements and conditions applicable to any works
             to be permitted within the road reserve.
       (c)   the standard for the reinstatement of any damage caused to roads
             by works.
       (d)   the details of lighting, barriers and/or signage to be provided by the
             owner(s) to ensure public safety and/or to provide for traffic control.
       (e)   the details of any fees required by Council to cover the cost of
             inspections by Council officers.




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       (2) Copies of any Council drawing or standard specification, which may
           be referred to in an agreement, are to form part of that agreement.

7.   Works not approved

        (1) If works are being carried out at a site, or the highway is used for
             the purpose of carrying out works at a site without an agreement
             with Council, an authorised officer may give notice to an owner
             that:

        a) the works are to cease;

        b) any obstruction of the highway is to be removed;

        c) any works which are not approved are to be removed; or

        d) any damage caused by works is to be made good to a standard
          acceptable to Council’s Manager Infrastructure Assets.

       (2) Any works, which may still be required, will be permitted only if an
           agreement is entered into.

8.     Application for an Agreement

A person wishing to carry out private works on a road is to apply in writing to
enter into an agreement with Council.

9.     Change of Ownership

        (1) Where there has been a change of ownership of a site, a previous
           owner who has signed an agreement is not relieved of any rights
           and liabilities under that agreement unless:

        a) the previous owner has advised the new owner of the existence
          and content of the agreement, and
        b) an alternative agreement is entered into between Council and the
          new owner.

Penalty:      a fine not exceeding 5 penalty units.




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              PART 3 - REQUIREMENTS FOR AGREEMENTS

10     Site Inspection

Where the Council has entered into an agreement, an authorised officer may
inspect the road and any other property owned or controlled by the Council,
which is at or near the site, to determine if any damage is evident prior to the
commencement of works to be carried out by the owner.


        PART 4 - DAMAGE TO THE ROAD FROM OTHER CAUSES

11     Property Access

(1)   A person must not drive a vehicle between the road pavement and
      private property, in urban areas, except by:

      (a) using a properly constructed crossing; or

      (b) using the road surface that has been adequately protected from
         damage.

Penalty:      a fine not exceeding 5 penalty units.


12.    Egress from Sites

(1)    A person must not drive a vehicle from a site in a manner that leaves
       mud or other material on the road.

Penalty:      a fine not exceeding 5 penalty units.


               PART 5 – RESPONSIBILITY FOR CROSSINGS


13.    Responsibility of owners

(1) The responsibility for the costs associated with the construction of a new
    crossing rests with the owner(s) of the land to be served by the crossing.

(2) The owner of land served by a crossing is responsible for the costs to
    maintain that crossing to an approved standard.

14.    Crossing Work by Council

Council may construct, repair or remove a crossing that serves land in private
ownership without cost to the landowner if:



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       a) The crossing is within an area where road reconstruction works are
       to be carried out by Council.

       b) Council has recently carried out reconstruction works that have
       caused damage to the crossing.

       c) The crossing is no longer in use and, in the opinion of the Manager
       Infrastructure Assets, its removal will improve the amenity of the road.



                     PART 6 - COMPLETION OF WORKS


15.    Advice of completion

(1)    When works are completed, any protective covering used on the road
       surface in the construction is to be removed from the site.

(2)    Written notice is to be given to the Council that the works are
       completed and any protective covering has been removed.

16.    Inspection of Completed Works

After the completion of works, an authorised officer will inspect the road and
any other property controlled by the Council, which is at or near the site, to
determine whether there is any damage caused by any works.

17.    Relief from rights and liabilities

An owner is not relieved of the liabilities under the agreement until:

       (a) he/she has complied with Clause 15; and

       (b) an authorised officer has inspected the site and verified that the
           condition of the road is in accordance with the agreement.




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          PART 7 - ISSUE OF NOTICES AND RECOVERY OF COSTS

18.      Issue of Notice

If a road or any other property controlled or maintained by the Council has
sustained damage that has been:

      a) caused by works at a site;

      b) by vehicles driving between the road pavement and private property
         other than by means of a properly constructed crossing;

an authorised officer may give notice to the owner requiring that the damage,
be repaired within the time specified in the notice, being not less than 21
days.


19.      Recovery of Costs for Damage

(1)      Council may carry out all or part of the works required by a notice
         issued under this by-law at the owner’s cost if the owner directed to do
         the work defaults.

(2)      A payment made under this clause is to be in addition to a penalty or
         fine imposed under the by-law.


20.      Infringement Notices

1)      In this clause -
     "specified offence" means an offence against the clause specified in
column 1 of Schedule 1.
(2)      An infringement notice may be issued in respect of a specified offence
         and the monetary penalty set out adjacent to the offence in Column 3
         of Schedule 1 is the penalty payable under the infringement notice for
         that offence.
(3)      An authorised officer may –
         (a) issue an infringement notice to a person who the authorised officer
         has reason to believe is guilty of a specified offence; and
         (b) issue one infringement notice in respect of more than one specified
         offence.
(4)       The Monetary Penalties Enforcement Act 2005 applies to an
         infringement notice issued under this by-law.




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(5)    In addition to any other method of service, an infringement notice
       alleging that a vehicle has been used in relation to a specified offence
       may be served by affixing it to that vehicle.




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Schedule 1 - Infringement Notice Offences

Column 1 Column 2                               Column 3

CLAUSE      OFFENCE                             PENALTY

                                                (Penalty
            GENERAL DESCRIPTION OF OFFENCE
                                                units)

5           Unauthorised works                  1

9           Fail to change ownership            1

11          Fail to use appropriate crossing    1

12          Leave material on roads             1




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In witness whereof the seal of the Launceston City Council was hereunto
affixed this 22nd day of May 2000.

The Common Seal of the Launceston City Council has been affixed pursuant
to a resolution of Council on the 21st day of February 2000 in the presence of
us:



                                                           Alderman J. B. Lees
                                                                      MAYOR



                                                        Alderman H.G. Brookes



                                                              R. G. Campbell
                                                         GENERAL MANAGER


Certified as being in accordance with the law.


                                                       Shaun McElwaine
                                       REGISTERED LEGAL PRACTITIONER



Confirmed by me this seventeenth day of April 2000.


                                                             JIM BACON, MHA
                                                                       Premier
                            Minister responsible for the Administration of the
                            Local Government Act 1993




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