PLANNING AND DEVELOPMENT ACT 2005 - SECT 158

PLANNING AND DEVELOPMENT ACT 2005 - SECT 158

158 .         Expenses of construction etc. of roads etc.

        (1)         Where a person who is subdividing land is required under this Part to construct and drain roads or construct artificial waterways shown on the plan of subdivision that person may —

            (a)         carry out or cause to be carried out the construction and drainage at his or her own expense; or

            (b)         arrange for the local government to carry out the work on behalf, and at the cost and expense, of that person.

        (2)         Where the person does not make the arrangement with the local government, that person is to pay to the local government, on demand, an amount (calculated under subsection (3)) to cover the reasonable costs of the local government in supervising the construction and drainage.

        (3)         For the purposes of subsection (2) the amount is to be calculated as follows —

            (a)         where the person has not engaged a consulting engineer and clerk of works to design and supervise the construction and drainage, the amount is to be 3% of the cost of the construction and drainage as estimated by the local government;

            (b)         where the person has engaged a consulting engineer and clerk of works to design and supervise the construction and drainage, the amount is to be 1½% of the cost of the construction and drainage as estimated by the local government.

        (4)         The local government may require the person to employ a consulting engineer and clerk of works to design and supervise the construction and drainage and that person, when required to do so by the local government, is to carry out the requirement.