13.07.2015 Views

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

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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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