Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Before approving a plan of subdivision, the council may –
(a) require security for payments and the execution of works; and
(b) refuse to approve the application until such security is given.
(2) The payments for which, and the works for the execution of which, security may be required are –
(a) . . . . . . . .
(b) . . . . . . . .
(c) if the land is not in an urban land drainage district, payment for a common stormwater drain by, from, or from within, the land as determined by the council so that all lots may have connecting drains and the concentrated natural water may be lawfully disposed of and for the laying and connection of drains from a place on the boundary of each lot to the common drain in accordance with the by-laws of the council and to the satisfaction of its engineer; and
(d) the works required for the discharge of the owner's obligations under section 10 of the Local Government (Highways) Act 1982 in respect of the highways opened or to be opened on the subdivision; and
(e) the making and draining of footways that are not part of a road and of private roads and similar footways serving 3 lots or more; and
(f) the filling in of ponds and gullies; and
(g) the piping of watercourses.
(3) The security which may be required is –
(a) a bond by the owner of an amount in excess of any possible demand to secure –
(i) the required payments to be made within 30 days of demand; and
(ii) the required works to be executed within the periods referred to in subsection (4); and
(b) a guarantee guaranteeing all money payable on the bond, including any amount the council's engineer certifies to have been expended by the council under subsection (6) by –
(i) an authorised deposit-taking institution; or
(ii) a guarantee, money-lending, insurance or trading corporation approved by the council.
(4) The required works are to be executed –
(a) within 6 months of the completion of the common stormwater drain, in the case of subsection (2)(c); or
(b) within the time prescribed under section 11 (2) of the Local Government (Highways) Act 1982 in the case of subsection (2)(d) or (e); or
(c) within 6 months of the sealed plan taking effect, in the case of subsection (2)(f) or (g); or
(d) within such further period as the council may allow, in any other case.
(5) The council and the owner, with the consent of any guarantor, may agree to modify their respective rights so that –
(a) the owner is to do works that the owner would otherwise have paid for; or
(b) the council is to do, and the owner is to pay for, works that the owner would otherwise have done.
(6) If the owner fails to do works in accordance with a bond, the council may do them and recover its expenses, as certified by its engineer, as if the amount were payable under the bond.