Temporary delegation to councils

What is the effect of the Temporary Delegation?
The Temporary Delegation gives Councils an option to carry out works on unclassified roads without prior referral to the Local Traffic Committee, provided other conditions are met.

How long is the Temporary Delegation in force?
The Temporary Delegation will operate until 30 June 2026 unless amended or revoked sooner.

Do works have to be removed after 30 June 2026?
No. The temporary delegation can be used for both temporary and permanent works.

Can councils continue to refer minor works to their Local Traffic Committee?
Yes. Use of the Temporary Delegation is entirely optional. Councils are welcome to refer works covered by the Temporary Delegation to their Local Traffic Committee.

Will TfNSW provide advice on works covered by the Temporary Delegation?
Yes. TfNSW representatives remain available to meet with Councils to provide advice or guidance on any proposal and will continue to attend Local Traffic Committees.

What works are covered by the Temporary Delegation?
Refer to Schedule 1 of the Temporary Delegation instrument.

What conditions apply?
Works are restricted to unclassified roads, generally with a speed limit of 50km/h or less (no speed limit condition for works to regulate/manage parking, conversions of existing pedestrian ‘zebra’ crossings to raised ‘wombat’ crossings, and works relating to footpaths, shared paths, or separated footpaths). Other conditions also apply relating to changes to lanes, traffic signals, and bus routes/operations. Refer to Schedule 4 of the Temporary Delegation instrument.

Are changes to parking covered by the Temporary Delegation?
Yes. Changes to parking can be made using the Temporary Delegation. Provided other conditions are met, councils may install, display, alter, and remove parking signage on unclassified roads without referral to Local Traffic Committee. This may include:

• Permissive parking and pay parking
• No Parking zones, including authorised vehicle and car-sharing spaces
• Taxi zones, loading zones, and work zones
• Removal or re-allocation of space(s) for other works covered by the Temporary Delegation

Please note that councils may not reduce a bus zone or alter a bus layover, bus or bus only lane, transit lane, or clearway using the Temporary Delegation. Refer to Schedule 4 of the Temporary Delegation instrument.

Are works to enable outdoor dining covered by the Temporary Delegation?
Yes. Works to enable outdoor dining (referred to as ‘alfresco dining’ in Schedule 1 of the Temporary Delegation instrument) can be carried out under the Temporary Delegation.

Are road closures (temporary or permanent) covered by the Temporary Delegation?
No. Road closures (temporary or permanent) are not covered by the Temporary Delegation. Councils wishing to temporarily close unclassified roads to traffic for the purposes of outdoor dining, performance space, or extension of foyer space may use either their existing Local Traffic Committee or section 166 of the Liquor Act 2007. If section 166 of the Liquor Act 2007 is used, a council must give 7 days’ notice of the decision.

Are events covered by the Temporary Delegation?
No. Events and their associated regulation of traffic should be implemented under existing processes. Very small road events that qualify as 'neighbourhood activities' can be approved by councils under clause 79 of the Roads Regulation 2018.

Are roundabouts covered by the Temporary Delegation?
No. These proposals must be referred to Local Traffic Committee and may also require additional approvals. Only works and functions specified in Schedule 1 of the Temporary Delegation instrument are delegated, and only then if they comply with the conditions set out in Schedule 4.

Does the Temporary Delegation apply to regional roads?
Yes, provided those roads are unclassified and meet all other conditions of the Temporary Delegation.

How should the setback from traffic signals be calculated?
Measurement should start from the nearest set of traffic signals and follow only roads directly controlled by the signals. Works on side streets near intersections should be reviewed carefully to identify any potential impacts.

What conditions apply around traffic signals?
Specific conditions apply within 60m of a traffic signal, with more restrictive conditions within 20m. Refer to Schedule 4 of the Temporary Delegation for more detail.

Can the Temporary Delegation be used on light rail corridors?
No. Light rail routes are declared as transitways, and hence are classified roads. Works may only be undertaken on a road or part of a road that is not a declared transitway.

Can the Temporary Delegation be used on bus routes?
Yes, but works on bus routes shown on the Bus Route Map are subject to additional conditions, including mandatory consultation with bus operators and use of appropriate design vehicles. Refer to Schedule 4 of the Temporary Delegation.

Is community or stakeholder consultation required when using the Temporary Delegation?
Councils can apply their own policies and processes for engaging the community and stakeholders. Note that special conditions apply to bus routes - see Schedule 4 of the Temporary Delegation instrument.

What if there are inconsistencies in standards and guidance?
Inconsistency in standards and guidelines is common in complex environments. Where standards may be inconsistent or cannot be met, councils should take a risk-based approach. They should document their considerations and design process and are welcome to seek advice from their TfNSW representative.

Are Road Safety Audits required?
Road Safety Audits are no longer mandatory.  However, councils are encouraged to use good professional judgement and consider advice on the use of Road Safety Audits in design guidelines.

Who can conduct a Road Safety Audit?
A database of registered road safety auditors is available at https://www.roadsafetyregister.com.au/.  Accredited TfNSW staff may be able to assist councils with audits, particularly in regional areas, and can be contacted via the register or their TfNSW representative on the Local Traffic Committee. 

Are Road Safety Audits required for conversion of existing crossings or children’s crossings to raised (wombat) crossings?
No.

Who must Councils advise of works undertaken?
For all works, councils must table an information-only record of the works at their Local Traffic Committee as soon as practicable after completion. The record must be public.

For applicable works on bus routes, councils must consult with and notify bus operators. If councils are unable to contact operators directly or if requested by the operator, consultation can be undertaken via TfNSW by emailing: busapprovals@transport.nsw.gov.au.

The Temporary Delegation also contains an Authorisation under the Road Transport Act 2013.  What can it be used for?
The Authorisation may only be used to install remove or alter ‘prescribed traffic control devices’ to carry out the works listed in the Temporary Delegation. Unrelated use of prescribed traffic control devices must be referred to the Local Traffic Committee.

What is the effect of the change to sub-delegation?
Councils can now delegate to a staff member the carrying out of works to regulate traffic immediately after their review and unanimous support by LTC. For example, if LTC reviews a temporary road closure for an event, and the review is supportive, it is no longer necessary to wait for full council endorsement of the LTC report before the work is done.

Can I contact anyone if I have any other questions?
Councils should seek advice from the TfNSW representative on their Local Traffic Committee but may also email delegated_works@transport.nsw.gov.au.