Works Authorisation Deed

A Works Authorisation Deed (WAD) is a legally binding contract between Transport for NSW and an external party, typically a developer.

This deed authorises the developer to undertake roadworks on the State road network and/or traffic control signals.

The Deed helps to ensure that the quality of the works meets Transport's durability standards and aims to minimise the impacts to road users and the community during construction. Through the Deed, Transport provides the developer with the requirements and conditions under which they can do this work.

The Deed requires appropriate controls are in place, such as insurances and security, to ensure the works are completed in a safe and timely fashion. Road projects are generally carried out to provide traffic access to and from private developments such as shopping centres, residential and industrial estates, etc.

This type of project may include intersection changes, traffic control signals, and signposting. These road projects are financed, designed and constructed by the developer. The upgraded road/traffic control signals become the ownership and responsibility of Transport for future maintenance (sometimes with a financial contribution from the developer).

The WAD agreement is entered into after the DA has been approved and generally prior to the consent authority issuing a construction certificate for the development. The developer and Transport must agree on the scope of works before the Deed can be finalised. The final Deed is signed by both the developer and Transport.

Does Transport approve the developer’s project design drawings?

No, Transport doesn’t approve the project design drawings, rather, we accept project design drawings once the developer has engaged competent designers to develop concept and detailed design drawings in accordance with our standards. These design drawings must be certified by an independent designer prior to Transport's acceptance. The developer takes full responsibility for design compliance. The developer’s obligations include, but are not limited to:

  • completion of concept and final design drawings to Transport standards, including preparation of a design report
  • geotechnical report and pavement design
  • Transport's acceptance of the design of traffic control signals.

Transport must accept the detailed design drawings before construction can start. These drawings may be made available to the community by the developer, however there is no obligation to do so.

Does Transport approve the developer’s specifications and project management plans?

Yes. The Works Authorisation Deed sets out the specifications and requirements for management plans for the proposed works, which must be approved by Transport prior to the start of construction. The developer should note the following regarding specifications and management plans:

  • All work is to be completed in accordance with the relevant Transport specifications and model drawings, available from Transport.
  • Construction project management plans must be independently certified.

Who builds the developer’s project?

Transport will issue a letter to the developer authorising construction to commence when it is satisfied that all the requirements of the works authorisation deed have been met. Transport has specifications for all works and requires that a Transport pre-qualified contractor build the developer’s project.

See the list of pre-qualified contractors.

The developer must submit the names of proposed contractors and subcontractors to Transport for approval. Transport surveillance officers oversee the work with the Transport project manager as the first point of contact for both the developer and the contractor during design and construction.

For larger projects Transport requires the developer to engage an independent project verifier. The project verifier oversees some design and construction aspects on Transport’s behalf.

What happens when the project is nearly complete?

The developer must give Transport written notice 20 business days before the anticipated practical completion of construction (this is a notice written by the developer to indicate that the contracted works are now complete).

As part of the request for practical completion the developer must provide a certificate from an independent engineer that all the work complies with the requirements of the works authorisation deed and is fit for occupation and use.

Provided the works are satisfactory and meet Transport's standards, Transport will issue a Practical Completion certificate along with a list of defects and/or omissions and request submission of the ‘Works as Executed’ drawings within 20 days. The developer must correct all defects listed within the nominated time frame.

Upon receipt of the Works as Executed drawings and once the defects have been corrected, Transport will return 50% of the security. At the end of the defects liability period, when all requirements of the deed have been satisfied, Transport will issue a final certificate and release the remaining 50% of the security.

How does the developer consider the local community?

The developer is encouraged by Transport to develop and implement a community relations plan.

Community involvement and consultation on the project is the responsibility of councils or the Department of Planning and Infrastructure during the development application approval stage. These authorities may request the developer to consult with the community prior to considering development consent.

After the development application has been approved, Transport may require the developer to undertake further environmental assessment for the roadworks, usually in the form of a review of environmental factors. This is mandatory for large projects. This review may identify the need for ongoing community notifications (eg for night roadworks).

The developer’s community relations plan should meet the desired outcomes detailed in the TFNSW Community Participation and Communications Resource Manual. Information should be provided to the community during:

  1. The design development phase
  2. The construction phase
  3. The project completion / opening phase

The developer’s community relations plan should ensure that:

  • The users of the affected road network are informed of planned traffic arrangements, including any temporary traffic switches or other activities that could result in delays. Users of the affected road network include emergency services, the road transport industry, public transport (eg buses), and other road users (pedestrians and cyclists).
  • Affected and concerned residents and business operators are informed of the investigations and construction activity, and the likely impacts on them from this.
  • All relevant government agencies are informed of planned construction activities.
  • The Transport representative is informed of all community issues and decisions affecting the local and wider (including road user) community.
  • Proposed traffic changes in the development consent conditions are explained to the community.

Will the community be kept informed about the project?

The developer is responsible for providing community information and participation opportunities relating to the project. This may include information on:

  • any of the scope, construction investigations and activities that may affect the community
  • the progress of the project, significant milestones, design changes, changed traffic conditions, and other matters that could either affect or concern the community

The type of community notifications and their frequency should be described in the developer’s community relations plan.

How will the community know what’s happening?

The developer may keep the community informed by:

  • distributing leaflets or community updates to mailboxes / nearby premises
  • advertising construction activity and progress updates (including use of variable message signs to advise motorists during construction)

What if I have a complaint about the development being proposed?

Please direct your complaints to the consent authority responsible for approving the development application – either the relevant council, or the NSW Department of Planning and Environment.

What if I have received a complaint about the development’s roadworks being built?

The developer must record all complaints, and report these in their monthly progress report to Transport. The developer must resolve all reasonable complaints and claims made by members of the community in relation to the project.

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