Asset Protection Permit

A Council asset is a structure that has a public service function and may require management and upkeep. They include, but are not limited to:

• Roads
• Footpaths
• Nature strips
• Kerb and Channel
• Drainage Pits and Pipes
• Street furniture
• Signage
• Street trees
• Council Buildings and Parks

An Asset Protection Permit is required for any construction work that requires a Building Permit. While the following major work categories are listed, they are not exhaustive. Contractors should contact the council to determine if an Asset Protection Permit is needed for their specific project. You cannot start any building works (including the delivery of any materials and equipment) until a permit is granted.

• Construction/Repair/Maintenance/Demolition of a building
• All building relocations or house removals
• All swimming pools and spas
• Removal and construction of front or side fences that abut our infrastructure (e.g., footpaths)
• Works requiring heavy plant and equipment (e.g., scissor lifts, Concrete trucks) for transport and/or construction (Including landscaping, excavations, concreting etc)
• Major renovations, alteration and additions to existing buildings

Exemptions:

• Building works that do not require a building permit, and no heavy machineries are involved.
• If there are no council assets on council land adjacent to the property where the building work is being carried out.
• Works on the road reserve covered by a works on road reserve permit or through a separate agreement with the council.

If the same contractor handles both demolition and construction, only one Asset Protection Permit application is required for both activities. This is known as a "staged" permit, covering both demolition and construction.

It is important to clarify this at the start of the application process to avoid unnecessary fees. The applicant must specify the different stages of work in the "Description of Works" section of the application form. Failure to do so will result in the need to apply for an additional permit to cover the other stages of work.

1. Completed application form - Asset-Protection-Permit-Application-Form-Colac-Otway-Shire-2024-25.pdf(PDF, 103KB)
2. Copy of the contractor's public liability insurance (minimum $20 million)
3. Sketch plan showing proposed works and the location of all assets in the vicinity
4. Photos showing any existing damage to the assets. If no photos are submitted, it will be assumed that there is no damage to council assets.

Failure to submit the required documents will result in a delay in processing your application. 

A council officer will inspect the site before the commencement of work and prepare an assessment report identifying potential risks of damage to council assets due to the proposed works.

Provided no further investigations or additional information is required, your permit will be emailed to you within ten (10) business days.

Post Work or Final Inspection

• It is the permit holder's responsibility to notify the Council within 28 days of the completion of works.
• If you have a staged Asset Protection Permit, you will need to schedule inspections after each relevant stage of work. This ensures that any damage to Council assets during the different stages is identified and safety issues are addressed.
• A Council representative will conduct a final inspection to determine if any reinstatement work is required and will contact you to arrange the necessary works.

Any correspondence with the Council regarding the completion of works should be sent to inq@colacotway.vic.gov.au

A Colac Otway Shire Asset Protection Permit is valid for 2 years from the date of application approval or until the completion of the proposed works, whichever comes first. If the works are not completed within the 2-year period, the contractor must renew the permit by submitting a new application and paying the applicable fee for asset protection at that time.

Enforcement and penalties may apply if works are commenced without an Asset Protection Permit being issued or if Council assets have been identified as being damaged during the course or works on private property.

Enforcement actions may include but are not limited to:

• Notice to Comply
• Penalty infringement notice
• Cost recovery
• Retrospective applications