Skip to main content

Development Assessment

Section 138 of the Roads Act 1993

Applications under Section 138 of the Roads Act 1993

Consent under Section 138 of the Roads Act 1993 is required for any works or activities in a public reserve, public road way or footpath (nature strip or verge).

For all unclassified roads and many classified roads Local Government is the consent authority with the Roads and Maritime Service giving concurrence or consent on classified roads.

What type of activities require a Section 138 approval?

The types of work requiring approval includes, but is not limited to:

  • opening a road (digging in or creating a trench through or under a kerb or footpath)
  • erecting, removing or interfering with a structure, work or tree on a public road (includes using small and/or large machinery on a public road)
  • pumping water into a public road from adjoining land
  • driving any vehicle across a kerb or footpath
  • creating a temporary vehicle crossing
  • connecting a road (whether public or private) to a public road.

Please consult your local council for more information.

Online Section 138 Approvals

You can now submit an application online, for certain councils, anywhere and anytime with our Online service.

Simply check the list of councils below to see if the service is available in your Local Government Area.

Councils using the online service 

  • Port Macquarie-Hastings Council
  • Cessnock City Council
  • Byron Bay Shire Council

How to lodge

  1. Register for a NSW Planning Portal account to start your application.
  2. Log in to complete the online application form. You may be required to submit further documents to support your development application.

If you are having difficulty using the Service, please contact the ePlanning support team at