Operational Works and Construction Phase

Operational work is a term defined by the Planning Act 2016. It refers to ‘work, other than building work or plumbing or drainage work, that affects a premises or the use of a premises’.

The range of these works may include any activity that alters the shape or form of land, such as:

  • excavating or filling of land (i.e. earthworks including change of ground level for retaining walls, construction of a dam)
  • civil works for new subdivision and other works associated with a material change of use of premises or reconfiguring a lot
  • placing an advertising device on premises
  • undertaking roadworks and creating new infrastructure
  • clearing vegetation or landscaping works
  • constructing a driveway/vehicle crossing
  • undertaking prescribed tidal works or works in a coastal management district

What to provide with an Operational Works application?

Generally, for works involving engineered elements such as roads, paths, driveways, sewer/water/stormwater, earthworks, retaining wall, access and landscaping works, a well-made application shall include:

  •  All applications are to be accompanied by the approved Development Application Details form (DA Form 1).
  • Cover Letter
  • Plans in support of the application (refer to  https://planning.dsdmip.qld.gov.au/planning/better-development/application-forms-and-templates for guides on mandatory requirements). The applicant must ensure that all drawings and specifications submitted with the application for approval by Council have first been checked and signed by a Registered Professional Engineer of Queensland.  It is the consultants/applicants responsibility to ensure that designs and documentation are in accordance with Council’s standards (including the Capricorn Municipal Design Guidelines), policies, Town Planning Scheme and other appropriate engineering standards.
  • All supporting information required to assist with the assessment of the development application (such as geotechnical reports, acid sulfate soil reports, engineer's reports, hydraulic reports, arborist report, traffic management plans/guidance schemes, visual impact assessments, revegetation/remediation plans);
  • An assessment against the planning scheme benchmarks;
  • Payment of relevant application fees.

Post Approval – Stages in obtaining compliance with the Operational Works Permit

Prestart Meeting may be required prior to commencing works on site – please contact Council’s Development Assessment Administration team on 1300 790 919 or email developmentadministration@livingstone.qld.gov.au to arrange.

A pre-start meeting forms an integral part of the operational works process and is intended to provide opportunity for

  • Direct contact between the relevant parties associated with the construction and establishes the appropriate line of communication with Council
  • Council to obtain relevant construction information such as emergency contact details and work commencement date from the relevant parties
  • A copy of the development permit to be given to the contractor
  • The reinforcement of the importance of sediment and erosion control and discussion of appropriate control measures
  • Discussion of any issues contained in the development permit and operational works approval letter that Council may consider important and relevant to the attending parties
  • Any attending parties to ask questions of Council

Progress Inspections – At the site meeting, you will be provided with the attending Council Officers contact details. Please contact the relevant officer to book progress inspections as conditioned in the operational works permit approval.

Final Practical Completion Inspection – at the completion of the works, you are required to book in a final inspection with Council’s Technical Officers (same process as for progress inspections).

Defects Liability or Incomplete Works Bond

Submission of a Bank guarantee or cash bond is applicable when there will be assets handed over to Council as a result of the development. The defects liability bond is calculated at 5% of the construction costs (including GST) of the infrastructure to become Council assets. The defects liability period is for a period of twelve months. After this time, Council Officers will conduct an inspection and deem the works off-defects if satisfactory and process the refund. 

The incomplete works bond is calculated at two times the value of the works (200%). Council must agree to the outstanding items which are to be bonded. Essential services like water and sewer connections cannot be bonded. Once the works are complete to Council's satisfaction, the bond money will be returned. 

A bonding deed with the schedule/value of works attached is required to be submitted to Council along with payment of the calculated amount. 

As-constructed data
Submissions are required to be emailed to enquiries@livingstone.qld.gov.au. When submitting the required as-constructed data for Council approval, please ensure that the works have passed Council Final Inspections.

Documents required
The following documents where applicable are required to be submitted to Council prior to Council accepting the works ‘on defects’:

  • Engineering Construction, Supervision Certificates and Contractors Certificate - confirmation that the works have been completed in accordance with the approved drawings and technical specifications – signed by a Registered Professional Engineer of Queensland (RPEQ) – Council has templates available to use if required which can be found here
  • Test Results (for example: compaction of fill material; road sub-grades, etc);  
  • When the above stages of the Operational Works have been completed, they can be accepted ‘on defects’. The ‘on defects’ period commences from the date the survey plan is endorsed.

Helpful Quick Links

Water and Sewer Infrastructure 

BONRI (Building over or near relevant infrastructure)

Stormwater Drains  

Manual of Uniform Traffic Control Devices (MUTCD) 

State Government Planning Framework Website

State Development Assessment Mapping System