Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 17

Construction and maintenance of works

17. Construction and maintenance of works



(1) A person must not commence works until-

   (a)  the plan has been certified; and

   (b)  the engineering plan has been approved; and

   (c)  any agreement required by a responsible authority or a referral
        authority has been entered into.

(2) A Council or referral authority may-

   (a)  appoint a person to supervise the construction of the works; and

   (b)  make a charge not exceeding the prescribed fee for the supervision;
        and

   (c)  enter into an agreement with an owner or applicant in anticipation of
        the applicant becoming owner providing for either or both of the
        following-

   (i)  that works or other things required by the planning scheme or permit
        may be completed after registration;

   (ii) if works are required, securing compliance with section 20A.

(2A) If land the subject of an application for a permit to subdivide or
consolidate or land on a plan is located outside the district of a relevant
authority, the Council, if it considers that water or sewerage services should
be provided, may request the Minister administering the Act under which the
relevant authority is created (if that Minister has not already made a
nomination) to nominate a relevant authority to consider what works (if any)
are required and, if within the prescribed time the Minister does not nominate
an authority, the Council may carry out a nominated relevant authority's
functions under this section.

(2B) A nominated relevant authority may make any requirement under subsection
(2) as if it were a referral authority.

(2C) An agreement made under subsection (2)(c) by a nominated relevant
authority may make provision for any matter including but not limited to-

   (a)  the payment by the owner or applicant of-

   (i)  any reasonable part of the cost of constructing works; or

   (ii) any reasonable part of the cost of maintaining works for a period of
        not more than 5 years; and

   (b)  the payment by the owner or applicant of any reasonable part of the
        cost of the authority's general system of public utility services,
        based on the area or use of the land; and





   (c)  the payment by the owner or applicant of any reasonable part of the
        cost of constructing or maintaining works on other land that are
        capable of benefiting the owner's or applicant's land; and

   (d)  advances to be made by the owner or applicant to the authority for
        constructing or maintaining works; and

   (e)  exempting the works from any provision of this section; and

   (f)  the person or body in which works are to vest or who is to be
        responsible for works after they are completed; and

   (g)  the referral of any proposal for works to any person or body.

(2D) At any time after works are completed under an agreement to which
subsection (2C) applies, the Council and a relevant authority may by agreement
or the Governor in Council may by Order published in the Government Gazette,
transfer the works and any land or interest in land relating to the works and
rights, powers, obligations and liabilities under the agreement from the
Council to a relevant authority.

(2E) Subject to any agreement, subsections (1), (3), (4), (5) and (6) apply as
if they referred to a nominated relevant authority as well as to a referral
authority.

(3) Subject to this section, Division 2 of Part 9 of the
Planning and Environment Act 1987 applies to an agreement under subsection
(2)(c) as if the Council or referral authority were the responsible authority.

(3A) An agreement under subsection (2)(c) does not have to be under seal.



(3B) If an agreement under subsection (2)(c) is not under seal,
sections 174(1), 179 and 181 to 183 of the Planning and Environment Act 1987
do not apply to it.

(4) The applicant is responsible for the maintenance of the completed works in
good condition and repair for 3 months or any other period which is agreed
between the applicant and the Council or referral authority.

(5) After the expiry of the maintenance period, maintenance of the works
becomes the responsibility of the Council or the referral authority.

(6) In this section-





agreement includes arrangement or understanding, whether written or oral or by
conduct;

relevant authority means-

   (a)  an authority under the Water Act 1989 that has a water or a sewerage
        district; or

   (b)  the Melbourne and Metropolitan Board of Works; and

works means works that-

   (a)  are required by or for the Council or a referral authority to provide
        roads or public utility services to the land; and

   (b)  are or are to be the responsibility of the Council or a referral
        authority after the maintenance period.