South Australian
Local Government
Roads & Works Conference
ROAD CORRIDOR RESPONSIBILITIES
Victor Di Maria
Manager - Risk
Local Government Association
Mutual Liability Scheme
South Australian Local Government Roads & Works
Conference
Local Government Association Mutual Liability Scheme
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Formed June 1989
Self Managed (civil) Liability Fund
Status in the Local Government Act
Provides (civil) liability coverage to (Local Government)
Members
• Industry based Risk Management support, including:
• Roads Management guidance
• Unsealed Roads Manual/Guidelines
• Permitting templates pursuant to Local Government Act
(S 221/222)
• Local Government Representation on various Committees
and Forums
South Australian Local Government Roads & Works
Conference
Principle Legislation & Processes - Road Authorities in SA
Local Government Act
• Section 208
…all public roads in Council area are vested in the Council….
Highways Act
• Section 26 (3)(7)
• Enables the Commissioner to assume care, control and management
of a road
– DPTI Operational Instruction 20.1
– DPTI responsible for the “carriageway”
– Local Government responsible for road corridor outside of the Operational
Instruction (ie, road verge area)
South Australian Local Government Roads & Works
Conference
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Current System is variable (rural)
– Some Councils take responsibility of road verge/corridor (DPTI
managed Road)
– Some Councils refuse to take responsibility
– DPTI may take responsibility of kerbing in a urban environment
– DPTI assume “certain” control and management – depending on
road, infrastructure requirements etc
– Council still require “permission” for certain works or placement of
infrastructure on road verge
– Ad hoc arrangements
– Creates liability concerns and exposure
– Resource issues for Councils and Local Government Sector
South Australian Local Government Roads & Works
Conference
The Road Management Codes of Practice (draft -2010)
• LGAMLS Project in consultation with the LGA, DPTI &
Councils
• Draft Codes were developed
– Operational Responsibility for Public Roads
– Management of Infrastructure (on roads)
– Work zone Traffic Management framework
• Codes developed within Committee framework with the
following representation
– LGA/LGAMLS/Legal
– DPTI (& Crown)
– Councils
– Utilities (TELCO’s/ETSA/Gas/Water) – stakeholder involvment
South Australian Local Government Roads & Works
Conference
Operational Responsibility for Public Roads Code
Objectives were to:
• Clarify & establish operational responsibility for roads & road
reserve between Road Authorities
• Establishes principles for determining which Authority is
responsible for road related infrastructure
• Provide clarity in relation to Operational Instruction 20.1
• Have agreement by all stakeholders/Committee members
South Australian Local Government Roads & Works
Conference
Operational Responsibility for Public Roads Code
Code Outcomes
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Commissioner/State
– Freeways (including Entry/Exit ramps/pathways and general road infrastructure);
– Highways (whole road reserve)
– State Roads (urban) - carriageway, kerbing/shoulder/drainage, road related infrastructure most contentious issue is kerbing
– State Roads (rural) - carriageway, shoulder and verge (State would have boundary to
boundary)
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Council/Local Government
– State Roads (urban only) - pathway outside of the "kerb to kerb" limits of the through
carriageway. Various service roads to property line, footpath and general vegetation.
– Local Roads (all) - Carriageway/road reserve, footpath and general vegetation
• Protracted consultation process
South Australian Local Government Roads & Works
Conference
Why not Codified ?
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Commissioner of Highways response to LGA
Endorsed the work undertaken by all the Committees to formulate Codes
Requested no change to existing policy (responsibility) unless the overall
resultant is “cost neutral” (Section 26)
Happy to codify with the exception of the above
Effectively meant no change to the current practices
Codes need to be revitalised
– LGA State Executive
– Clarity is required Local Government
South Australian Local Government Roads & Works
Conference
Moving Forward
– Provide clarity and structure for Local Government
– Practical framework for both spheres of Government
– All draft Codes to be “re-drafted” and developed into Local
Government Guideline/s
– Guideline/s produced from a the Local Government perspective only
New Guideline/s
Operational Responsibility for Public Roads:
A Local Government Guideline
OBJECTIVES
• Outlines Local Government’s powers and responsibilities pursuant to:
– Part (2) of Ch 11 of the Local Gov Act
– Section 26 of the Highways Act
South Australian Local Government Roads & Works
Conference
Operational Responsibility for Public Roads:
A Local Government Guideline
OBJECTIVES
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Recognises that both Local Government & Commissioner have powers and
responsibilities with respect to SA’s road network
Outlines Council’s responsibilities with respect to road management functions on
roads managed by the Commissioner
Establishes principles for the management of road-related infrastructure
Outlines details pursuant to the Civil Liability Act – for all Road Authorities
Outlines the application of the Section 26 Notice – and the sharing of
responsibilities pursuant to the Notice (and Operational Instruction 20.1)
Provides clarity to Local Government and ensures compliance with the
legislative framework
Provides a management framework for Local Government Roads
South Australian Local Government Roads & Works
Conference
Operational Responsibility for Public Roads:
A Local Government Guideline
APPLICATION
– Applies to Local Government Roads
– Applies to roads under a Section 26(7) Notice (ie, no Notice =
no application of Instruction 20.1)
– Clarifies Section 26 (6) (provides the Commissioner with the same
powers pursuant to the Local Government Act as Councils)
– Practical process and framework
South Australian Local Government Roads & Works
Conference
Operational Responsibility for Public Roads:
A Local Government Guideline
• Part 2 – Guideline to manage services/infrastructure on/in Roads
• Encompasses Services in Streets document and draft
Management of Infrastructure (on roads) Code
• From a Local Government perspective
• Will include consultation process with relevant stakeholders
South Australian Local Government Roads & Works
Conference
THANKYOU
Local Government Association
Mutual Liability Scheme