Planning Scheme Provisions (3.9 MB) - Cairns Regional Council
Planning Scheme Provisions (3.9 MB) - Cairns Regional Council Planning Scheme Provisions (3.9 MB) - Cairns Regional Council
- 148 -(4 give to the Council security to the satisfaction of the Council equal to theestimated value as approved by the uncompleted works plus 25 percent of suchvalue to ensure that the required works will be completed within such time as maybe specified by the Council. No security shall be given to or accepted by theCouncil until an agreement in writing is made between the applicant and theCouncil. Such agreement shall include statements pertaining to the nature andextent of the works to be undertaken and the date on or before which such worksshall be completed; or(b)pay to the Council where the Council agrees to undertake the uncompleted works,an amount as may be agreed upon with the Council as the cost of the Council ofundertaking the required works. No money shall be paid to or accepted by theCouncil until an agreement in writing is made between the applicant and theCouncil in respect of any required works. Such agreement shall includestatements pertaining to the nature and extent of the works to be executed by theCouncil including a specification thereof, the amount which the applicant agreesto pay to the Council, the date on or before which the Council is to commence toconstruct the works and the date on or before which those works are to becompleted by the Council.Acceptance by the Council of uncompleted works shall he subject to:-(a)completion of the following works to the satisfaction of the City Engineer:-(i)alteration to existing utility services as required; and(ii)placement of property survey marks; and(iii) completion of downstream stormwater drainage and securing of downstreamdrainage discharge rights, where applicable; and(iv) approval from relevant Authorities for any works that may come under theirjurisdiction; and(v)payment to the electricity authority of the required amount to enable theauthority to provide an electricity supply to all allotments and road-lightingfacilities and written acknowledgment by the electricity authority that anagreement has been entered into to have the supply installed; and(vi) certification by a qualified professional engineer addressed to the Council inrespect of practical completion for any major structure that may have beenconstructed within the subdivision; and(b)the City Engineer being satisfied that all required works will be completed withinthe specified period from the date upon which the agreement is executed by theCouncil; and(4the provisions of the Act.The Council shall not seal any plan of survey until any agreement required has been dulyexecuted.If the Council has endorsed its approval on the plan of survey before the works have beencompleted, it may refuse to release any security given to it for the due performance of theworks until all survey marks have been reinstated and new survey marks installed in theircorrect position in accordance with the plan of survey and such work is certified in writingby a licensed sunreyor.
- 149 -Sealing of Plans of SurveyUpon satisfactory completion of any works required to be undertaken or lodgement ofsatisfactory security the applicant shall submit to the Council an accurate plan of surveyfor the subdivision within the relevant time period specified by the Act.The plan of survey shall:-(4(b)(c)(d)comprise an original plan certified by a licensed surveyor and signed by the ownerof the land plus two (2) copies of that plan; andbe suitable for lodgement in the office of the relevant registering authority; andbe accompanied by a copy of a certificate of practical completion where securityfor uncompleted works has not been lodged; andbe accompanied by a sealing fee of an amount in accordance with a Schedule ofFees determined by resolution of the Council.Prior to the submission of a plan of survey the applicant shall reinstate survey marks andinstall new survey marks in their correct position in accordance with the plan of survey.Such work shall be certified in writing by a licensed surveyor; andPrior to the sealing of a plan of survey by the Council for subdivision involving works, theapplicant shall provide security for maintenance of the works during the maintenanceperiod.The Council shall note its approval under seal on the original plan of survey in accordancewith the requirements for the Registrar of Titles provided it is satisfied that:-(4@)the relevant provisions of this Section and other Sections of this document andany other relevant provisions of the Town Planning Scheme, the Act and any otherrelevant Act have been complied with in full; andthe plan of survey conforms with the approval granted and that all required worltshave been completed to its satisfaction.The Council shall seal a conforming plan of survey in accordance with the Act as soon aspracticable after it is submitted and retum the plan of survey to the applicant for lodgementin the ofice of the relevant registering authority.In the event that the relevant registering authority, upon lodgement of a plan of subdivisionapproved by the Council, requires the alteration of such plan in any particular, the licensedsurveyor who prepared the plan shall, within a period of one (1) month from the date ofeffecting the required alterations, notify the Council in writing of such alterations andforward to the Council copies of the altered plan.A licensed surveyor shall not amend any plan of survey after it has been submitted to theCouncil for approval and sealing, without informing the Council of such amendments andamending any copies of the plan to conform therewith. In no case shall such amendmentsbe made as would contravene the conditions of the Council's approval.Security for Maintenance of WorksPrior to the sealing of the plan of survey by the Council and upon the issue of a certificateof practical completion, the applicant shall comply with all relevant clauses of thisSub-section. Security in a form satisfactory to Council and of an amount equal to aminimum of 5 percent of the cost of the works, as approved by the City Engineer, shall beprovided against any defects in material or construction which may develop or becomeapparent during a maintenance period of a minimum of 12 months from the date ofacceptance of the worlts on maintenance by the Council.
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- 148 -(4 give to the <strong>Council</strong> security to the satisfaction of the <strong>Council</strong> equal to theestimated value as approved by the uncompleted works plus 25 percent of suchvalue to ensure that the required works will be completed within such time as maybe specified by the <strong>Council</strong>. No security shall be given to or accepted by the<strong>Council</strong> until an agreement in writing is made between the applicant and the<strong>Council</strong>. Such agreement shall include statements pertaining to the nature andextent of the works to be undertaken and the date on or before which such worksshall be completed; or(b)pay to the <strong>Council</strong> where the <strong>Council</strong> agrees to undertake the uncompleted works,an amount as may be agreed upon with the <strong>Council</strong> as the cost of the <strong>Council</strong> ofundertaking the required works. No money shall be paid to or accepted by the<strong>Council</strong> until an agreement in writing is made between the applicant and the<strong>Council</strong> in respect of any required works. Such agreement shall includestatements pertaining to the nature and extent of the works to be executed by the<strong>Council</strong> including a specification thereof, the amount which the applicant agreesto pay to the <strong>Council</strong>, the date on or before which the <strong>Council</strong> is to commence toconstruct the works and the date on or before which those works are to becompleted by the <strong>Council</strong>.Acceptance by the <strong>Council</strong> of uncompleted works shall he subject to:-(a)completion of the following works to the satisfaction of the City Engineer:-(i)alteration to existing utility services as required; and(ii)placement of property survey marks; and(iii) completion of downstream stormwater drainage and securing of downstreamdrainage discharge rights, where applicable; and(iv) approval from relevant Authorities for any works that may come under theirjurisdiction; and(v)payment to the electricity authority of the required amount to enable theauthority to provide an electricity supply to all allotments and road-lightingfacilities and written acknowledgment by the electricity authority that anagreement has been entered into to have the supply installed; and(vi) certification by a qualified professional engineer addressed to the <strong>Council</strong> inrespect of practical completion for any major structure that may have beenconstructed within the subdivision; and(b)the City Engineer being satisfied that all required works will be completed withinthe specified period from the date upon which the agreement is executed by the<strong>Council</strong>; and(4the provisions of the Act.The <strong>Council</strong> shall not seal any plan of survey until any agreement required has been dulyexecuted.If the <strong>Council</strong> has endorsed its approval on the plan of survey before the works have beencompleted, it may refuse to release any security given to it for the due performance of theworks until all survey marks have been reinstated and new survey marks installed in theircorrect position in accordance with the plan of survey and such work is certified in writingby a licensed sunreyor.
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