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MLM - Way Leave

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A wayleave is an agreement between the landowner and the Approved Wayleave Holder pertaining to the installation of services within or upon the land or road reserve. Wayleaves are generally used to grant access to the land or road reserve by the Approved Wayleave Holder to install the service. The wayleave relates more to the actual construction activities than to the eventual conveyance of services.

Once the service has been installed, the road authority concerned becomes the owner of the service. Wayleaves can therefore not be used to protect services in favour of the service provider.

No one is allowed to conduct any type of work without an approved wayleave or without following exemptions as provided for in this policy and related by-law..

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Wayleave Application Procedure

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No service provider, contractor or their agents may commence work within the geographical area falling under the municipality’s jurisdiction without having submitted a wayleave application and receiving municipal approval of same.

All applications for wayleaves shall be made in the Matjhabeng Local Municipality Wayleave Application Form as shown in “Addendum 1” of the Wayleave Policy, accompanied by a covering letter on the applicant’s official letterhead, clearly and comprehensively stating the Wayleave Applicants reasons for requiring the wayleave.

2.2.1. Wayleave Application may be submitted for projects that covers work in any area within the jurisdiction of the Matjhabeng Local Municipality, provided that the position and expected start / end dates of all Work in the road reserve is adequately described under the description of the Work to be done.

2.2.2. General conditions are stated on the Wayleave Application Form and may include, but are not restricted to, the following:

• (a) An application letter with a description the application scope
• (b) The application letter must be signed by a professional Engineer/Technologist/ Technician
• (c) Completed Municipal wayleave application form
• (d) Copies of Company Registration Documents and Professional Engineers/Technologist/ Technician Certificate of Registration.
• (e) Proof of payment of the non-refundable application fees
• (f) For optic fibre - written acknowledgement of other Approved Wayleave Holders of their wish to be in the same trench/ duct
• (g) Three A3 copies of the design drawing showing details of the proposed Work.
• Detail should include.
• i Indication where Services are to be installed and the depth of the Service below the surface.
• ii Distance of the Service from the road reserve boundary (i.e., the property boundary).
• iii Position and extent of all structures including underground structures such as manholes, chambers, and junction boxes.
• iv The location of all other Services in the road reserve. Services are located by obtaining information from the Service providers within the Council and by doing cross cuts where required.
• The use of cross cuts is strongly recommended
• (h) Three A3 copies of the area layout
• (i) Installation method statement including estimated duration of construction
• (j) Written proof of notice given to other stakeholders which have ownership of installed service infrastructure such as ESKOM, TELKOM, Sedibeng Water, SANRAL, the Free State Provincial Department of Public Works & Roads, e.t.c of their intention to commence works within the vicinity of the area where their respective services have been installed.
• (k) Wayleave will only be issued once all the requirements have been complied with and will be subject to the conditions specified in Section 3.3 and on the Wayleave form.

2.2.3. The application for a Wayleave must be submitted timeously to ensure that the Wayleave can be issued before the Work is programmed to start. WORK BEING CARRIED OUT IN THE PUBLIC ROAD WITHOUT A WAYLEAVE MUST BE REPORTED TO THE ENGINEERING PLANNING UNIT AND WILL BE STOPPED BY THE COUNCIL LAW ENFORCEMENT. A copy of the Wayleave must therefore always be on site when Work is being done in the road reserve.

2.2.4. The South African Railway Commuter Corporation (SARCC) requires notification of all road planning and development of services such as pipelines, cables, power lines, etc. above or underground, that is within 1 km of any existing or planned SARCC railway line or property. These proposals of developments must be submitted to the SARCC Senior Manager, Strategic Network Development for comment.

2.2.5. The Engineering Planning Unit will strive to limit the duration of the application review process to seven (30) working days.

2.2.6. The Approved Wayleave Holder accepts full responsibility for all costs with and resulting from the Work carried out in the public road reserve.

2.2.7. Only Work described in the Wayleave may be executed. If the conditions on site necessitate a deviation from the planned Work, the Engineering Planning Unit must be informed before any Work is done. These deviations may be in relation to the placement of the Service or the timing of the Works. The Engineering Planning Unit may inform the Approved Wayleave Holder of additional approvals that must be obtained from the Service providers affected by the deviation as well as further requirements in terms of drawings and specifications. Work will only be allowed to continue once The Engineering Planning Unit is satisfied that all the additional requirements have been met.

2.2.8. The Approved Wayleave Holder must complete the Work within the time specified on the Wayleave or the approved time extension.

2.2.9. An Approved Wayleave Holder who fails to complete the Work within the specified time window will be given a fourteen (14) day notice period to either complete the Work or apply for a time extension.

2.2.10. If upon expiry of the notice period referred to in 2.2.8 the Approved Wayleave Holder is still in default, the Work will be stopped and made safe by The Engineering Planning Unit at the expense of the Wayleave Holder.

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