Works in the Road Reserve (Section 138 Approval)

A Section 138 approval under the Roads Act1993 is required before undertaking many works within the road reserve, including driveway crossings, service connections, road openings, footpath works and activities affecting Council infrastructure.

What is a Section 138 application?

A Section 138 application is an application for approval to undertake works within the road reserve under the Roads Act 1993.

Examples include, but not limited to:

• new or modified driveway crossings
• utility service connections
• excavation within the road reserve
• temporary occupation of the road reserve
• works affecting footpaths, kerb and gutter
• crane, hoarding or construction activities within the road reserve
• installation of utilities and other infrastructure
• connecting private roads or accessways to public roads

A Section 138 approval is separate from a Development Application (DA) or Complying Development Certificate (CDC) and must be obtained before works commence.

Do I need a Section 138 approval?

You will generally require approval if your works:

• occur within the road reserve
• involve excavation or road opening
• affect a footpath, nature strip, kerb or gutter
• require a new or modified vehicle crossing
• connect services through Council-controlled land

Apply online using the link provided. If you require assistance, contact us on 02 6023 8111 or info@alburycity.nsw.gov.au.