South Australian Local Government Roads & Works Conference Victor Di Maria Manager - Risk Local Government Association Mutual Liability Scheme ROAD CORRIDOR RESPONSIBILITIES

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

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 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 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

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

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 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