TfNSW Works Authorisation Deeds: The five things you need to know

Transport for NSW (TfNSW) 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 TfNSW, a Works Authorisation Deed (WAD) is used to facilitate any construction works that may be required within the road reserve.

A WAD not only ensures that the quality of works meets the required standards of TfNSW, but helps to minimise the impacts on road users and the local community during construction.

1. What is a WAD?

A Works Authorisation Deed is a legally binding contract between Transport for NSW and an external party, generally a property developer.

The Deed enables the developer to undertake roadworks on a State/classified road, and/or install traffic control signals. There are three types of Deeds:

• A Minor WAD is required for works deemed by TfNSW to be low risk and/or have a low impact on the adjoining road network.
• A Major WAD is required for works deemed to be high risk, or involving the installation or modification of traffic control signals.
• A Deed of Indemnity can also be used as required by TfNSW.

The types of projects that generally require a WAD involve traffic access on a State or classified road to and from a private development such as intersection changes, traffic control signals, deceleration or slip lanes and signposting.  

2. How do you obtain a WAD?

During the development application (DA) stage of a project, the consent authority refers the DA to TfNSW if the development has the potential to impact the classified road network and/or if TfNSW has a statutory interest.

Once the DA has been approved, the Developer makes an application to TfNSW for approval of the proposed works. During this approval process, a WAD agreement will be prepared and executed prior to the approval to commence construction of the works.

The WAD agreement requires, amongst other items,  the provision of a compliant design, construction and traffic management documentation, and a bond to secure the completion of the works.

The WAD is generally issued before the assessment of design documentation of the development, and both the developer and TfNSW agree on the scope of works before finalising the Deed.

Following the execution of the WAD, the developer will pay fees to cover TfNSW costs for reviewing design documents, project management, and WAD administration and surveillance.

For projects requiring a major WAD, TfNSW requires the developer to engage an Independent Project Verifier in accordance with the requirements of the WAD. The Project 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 design documentation is required?

The WAD outlines the design documentation required for the construction of the proposed works. This documentation needs to be prepared by appropriately qualified consultants and submitted for review to both TfNSW and the Project Verifier.

The design documentation generally required to assess the proposed roadworks includes:

• Concept and final detail design drawings approved by TfNSW and Council before the commencement of construction works
• Geotechnical report and pavement design
• TfNSW plan registration Drawing Set number for detail drawings
• Traffic Control Signal (TCS) plans approved by TfNSW
• Road Safety Audit and Safety in Design Risk Register
• Construction traffic management plans and traffic guidance schemes
• Project management plans, including quality, safety and environmental aspects

All design documentation must meet the requirements of the relevant Austroad road design guidelines and/or Australian standards/TfNSW standards where applicable, and be reviewed and approved by the Project Verifier before they issue the Design Document Certificate.

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?

Before the commencement of works, all design and project documents must be finalised and verified by the Project Verifier and approved by TfNSW. This includes:

• A Traffic Management Plan to help manage property access, traffic, and pedestrian and cyclist movements during the construction phase.
• A Road Occupancy License (ROL) is required for all works, including any approved maintenance period. It is recommended to apply for the ROL once the concept design has been accepted, as it can take some time to issue.
• An unconditional bank guarantee as a security for the total value of the roadworks.
• The contractors Quality Management Plan, Construction Environmental Management Plan and Inspection and Test Plan.

When the above Project Plans are deemed satisfactory, the Project Verifier will issue the Project Plan Certificate.

The developer then notifies TfNSW of their intent to begin construction at least 10 days before the proposed commencement date. Once all of the documentation and WAD pre-construction requirements have been met, TfNSW will issue an Approval to Commence Construction letter to the developer.

For Major WADs, the Project Verifier will act as the main point of contact for the developer and contractor during construction. For Minor WADs, the work will be overseen by TfNSW who will also act as the main point of contact.

As the works progress, they will be monitored and verified by the Project Verifier or TfNSW depending on the type of WAD. The Project Verifier provides Monthly Progress Reports to TfNSW as per the WAD requirements, and documents the results of all tests and inspections carried out throughout the construction process.

Any Non-conformance Reports and Requests for Information need to be submitted for TfNSW approval, as well as to the Project Verifier for Major WADs, and to the TfNSW Surveillance Officer for Minor WADs.

 5. What steps are involved during the completion and handover of works stage?

Upon completion of the works, the developer gives TfNSW written notice at least 20 business days before the expected practical completion date. The key requirements for the WAD are:

• Independent certification from the Project Verifier that the work complies with the WAD requirements and is fit for use. This milestone is achieved when the Project Verifier issues the Construction Completion Certificate.
• The provision of Works as Executed (WAE) drawings within 20 business days of the notice of practical completion issuance.

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 to the developer.

Any defects listed in the notice of practical completion require correction by the developer as soon as possible after the date of practical completion. After the defects liability period (usually 12 months) has ended, and any necessary defects have been rectified, a Final Verification Certificate will be issued by the Project Verifier.

TfNSW will then issue a Final Certificate and the remaining security bond will be returned to the developer. Upon completion, TfNSW will become responsible for managing the new road infrastructure.

How can Barker Ryan Stewart assist?

Our experienced team is well-positioned and resourced to assist you throughout the entirety of the WAD process. The services we can provide include:

• Acting as the Independent Project Verifier for the design and works verification
• Providing concept and detail road design
• Preparing a Review of Environmental Factors
• Project management of the approvals and construction
• Undertaking site inspections

If you have any questions about the WAD process or how we can assist with your next development, please don’t hesitate to contact us.