Permit scheme for road works and street works

Appendix E sets out how the Permit Authority will employ sanctions, and should be read in conjunction with this section, together with current NRSWA legislation and the Code of Practice for Permits.

It is a criminal offence for a statutory undertaker, or a person contracted to act on its behalf, to undertake specified activities in a specified street in the absence of a permit, except as set down in Section 4.2.

Any person found guilty of an offence under this Regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

It is a criminal offence for a statutory undertaker, or a person contracted to act on its behalf, to breach a permit condition.

Any person found guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

It is a criminal offence for a statutory undertaker, or a person contracted to act on its behalf, to breach a permit condition. Any person found guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

The remedial action could include removing the activity, remedying the breach of conditions or discontinuing any obstruction.

Where a statutory undertaker, or a person contracted to act on its behalf, undertakes activities for which a permit is required, without a permit, or breaches a permit condition, the Permit Authority may take one of the following courses of action depending on the seriousness and persistence of the offences:

• serve a notice requiring that statutory undertaker to take such reasonable steps as detailed in the notice to remedy the situation within a specified timescale. Where a statutory undertaker fails to comply with the requirements of such a notice within the timescale the Permit Authority may undertake any steps as it considers appropriate to achieve the outcome in the notice, and may recover any costs that are reasonably incurred from the statutory undertaker
• issue a Fixed Penalty Notice, (FPN), against the statutory undertaker
• prosecute the statutory undertaker

The Permit Authority may prosecute any offence through the courts. Normally the decision as to whether an offence will be dealt with by FPN or through the courts will be taken at the outset, however prosecution should not necessarily be the preferred option as the process is time-consuming and even FPNs do not offer an immediate solution. Other remedial options should be considered in the first instance, depending on the seriousness and persistence of offences.

Any offences relating to other sections of NRSWA, which run in parallel to Permit Schemes will continue to apply. These include offences relating to reinstatements, overrunning and failure to send appropriate notices.