ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 136M
Condition relating to payment of security
ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 136M
Condition relating to payment of security
136M Condition relating to payment of security
(1) This clause applies to a complying development certificate authorising the
carrying out of development if--
(a) the development is demolition of a work
or building, erection of a new building or an addition to an existing building
and the estimated cost of the development (as specified in the application for
the certificate) is $25,000 or more, and
(b) the development is to be carried
out on land adjacent to a public road, and
(c) at the time the application
for the certificate is made, there is specified on the website of the council
for the area in which the development is to be carried out an amount of
security determined by the council that must be paid in relation to--
(i)
development of the same type or description, or
(ii) development carried out
in the same circumstances, or
(iii) development carried out on land of the
same size or description.
(2) A complying development certificate to which
this clause applies must be issued subject to a condition that the amount of
security referred to in subclause (1) is to be provided, in accordance with
this clause, to the council before any building work or subdivision work
authorised by the certificate commences.
(3) The security may be provided, at
the applicant's choice, by way of--
(a) deposit with the council, or
(b) a
guarantee satisfactory to the council.
(4) The funds realised from a security
may be paid out to meet the cost of making good any damage caused to any
property of the council as a consequence of doing anything (or not doing
anything) authorised or required by the complying development certificate,
including the cost of any inspection to determine whether damage has been
caused.
(5) Any balance of the funds realised from a security remaining after
meeting the costs referred to in subclause (4) is to be refunded to, or at the
direction of, the person who provided the security.