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The Five Things You Need to Know About TfNSW WADs

Learn more about what Transport for NSW requires from property developers during the Works Authorisation Deed process.

Transport for NSW is the leading transport authority responsible for developing a safe, efficient and integrated transport system throughout NSW. For developments directly fronting or adjacent to a road owned by Transport for NSW, private developers must come to an agreement with the TfNSW to facilitate any construction works that may be required within the road reserve which is typically achieved through a Works Authorisation Deed (WAD).

1. What is a WAD?

A Works Authorisation Deed (WAD) is a formally executed agreement between a property developer and Transport for NSW (TfNSW).

The agreement enables the developer to undertake roadworks on a State road, and/or install traffic control signals.

2. What are the steps involved to obtain a WAD?

Private developers must liaise with Transport for NSW when their development may impact the NSW state road networks and the council assessing the development application will normally forward the proposal to TfNSW for comment.

Prior to lodging a development application the developer is encouraged to liaise with TfNSW.

If the development impacts on state roads or traffic control signals, a Works Authorisation Deed (WAD) is normally required.

The WAD is a legal deed between TfNSW and the Developer which sets out each party’s responsibilities under the agreement.

Following the execution of the deed, the developer must pay fees to cover the TfNSW costs of administration and for reviewing the documentation during the construction period.

A Project Verifier must also be appointed in accordance with the requirements of the WAD. The verifier provides an independent verification of both the design documentation and the construction of the works to assist TfNSW in accepting the works.

3. What Happens Between the Signing of the WAD and the Construction Stage

The WAD sets out the project documentation that is required to be prepared to enable the construction of the required works. This documentation must be prepared by appropriately qualified consultants and submitted for review by both the Project Verifier and TfNSW.

The technical documentation that TfNSW requires to assess the proposed roadworks includes:

  • Concept and final design drawings prior to the commencement of construction works
  • Geotechnical report and pavement design
  • Independent verification of all drawings and specifications
  • TfNSW approval for the design of traffic control

All design documentation must meet the requirements of the relevant Austroad road design guidelines and/or Australian standards/TfNSW standards where applicable.

The developer may also need to undertake an additional environmental assessment of the roadworks and a Review of Environmental Factors to ensure any environmental issues relating to the roadworks are addressed and managed.

4. What steps are involved during the construction stage?

Prior to the commencement of works, all design and project documents must be finalised, verified by the Project Verifier and approved by TfNSW.

A Traffic Management Plan must be provided to manage property access, traffic, and pedestrian and cyclist movements during the construction phase.

A Road Occupancy License issued by the Transport Management Centre is also required for any works on or adjacent to a TfNSW road. The Road Occupancy Licence can take up to two weeks to issue, so it is worthwhile submitting an application well in advance of the works commencing.

Prior to construction, the developer must also provide an unconditional bank guarantee as a security for the total value of the roadworks.

Once all of the documentation and WAD pre-construction requirements have been met, TfNSW will issue a letter giving approval to commence construction.

As the works progress, they will be monitored and verified by the Project Verifier. A TfNSW Project Manager and/or third party Surveillance Officer may also inspect/monitor the works.

Once TfNSW is satisfied that all works have been completed under the WAD, a notice of practical completion will be issued and 50% of the security bond will be returned.

After the defects liability period (usually 12 months) has ended, and any necessary defects have been rectified, a final certificate will be issued by TfNSW and the remaining security bond will be returned to the developer.

Upon final completion, TfNSW will become responsible for managing the new road infrastructure.

5. How can Barker Ryan Stewart Help?

Our experienced team can assist you throughout the WAD process from start to finish. The services we can provide to assist with the WAD process include:

Would you like to learn more about how Barker Ryan Stewart can assist you with your project involving TfNSW?

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