South Australian Local Government Roads & Works Conference

1. South Australian Local Government Roads & Works Conference ROAD CORRIDOR RESPONSIBILITIES Victor Di Maria Manager - Risk Local Government AssociationMutual Liability Scheme

2. South Australian Local Government Roads & Works Conference • Local Government Association Mutual Liability Scheme • 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

3. 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)

4. South Australian Local Government Roads & Works Conference • 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

5. 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

6. 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

7. South Australian Local Government Roads & Works Conference Operational Responsibility for Public Roads Code Code Outcomes • 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) • 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

8. South Australian Local Government Roads & Works Conference Why not Codified ? • 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

9. 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

10. South Australian Local Government Roads & Works Conference Operational Responsibility for Public Roads: A Local Government Guideline OBJECTIVES • 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

11. 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

12. 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

13. South Australian Local Government Roads & Works Conference THANKYOU Local Government AssociationMutual Liability Scheme