Wayleaves allow the right to use the property of another without possessing it. It entitles the holder only the right to use such land in a specified manner. Generally used in the case of roads to utility companies for the right to work in the “road reserve” to bury cables or access utility lines. An easement is considered as a property right in itself by common law and is treated as a type of property in most jurisdictions.
The application for a Wayleave is necessary for the JRA to monitor and control all work within the road reserve so that it conforms with the JRA policy and the Service Delivery Agreement. The issuing of Wayleaves is also necessary to insure that work done in the road reserve complies with the "Code of Practice for work in the road reserve" and other relevant Acts.
Although the Road Authority is solely responsible for its own road network, the value of other services in the Road Reserve are often more than that of the road itself and therefore require as much or more maintenance, rehabilitation and replacement. These activities, together with the work that has to be carried out on the road itself, result in considerable delays, inconvenience, danger and additional costs to road users. Furthermore, any work that is done in the Road Reserve can have serious cost implications as a result of any of the following:
There is therefore a need to ensure careful control and co-ordination of all work in the road reserve. This is the duty of the road authority who is the custodian of all municipal road reserves. In order to fulfil this duty, the road authority produced this document that attempts to ensure maximum co-ordination and co-operation between all the various departments and agencies that have to share the road reserve to provide services to their customers.
It is the aim of this document to minimise the effect of all work in the road reserve to the benefit of all concerned, and in particular the ratepayers, road users (motorists and pedestrians), service agencies and the road authority. Included are the procedures to apply, process and approve wayleaves while doing work, upon completion of work as well as the specifications regarding how work must be done.
This initiative can only succeed if every agency and department that works in the Road Reserve co-operates by working according to this code and by providing feedback on how the system can be improved.
Click here to download the JRA Wayleave Policy
Click here to download a planned wayleave form
Click here to download an emergency wayleave form
Click here to download the Placing of Services within Road Reserve form