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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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- 149 -Sealing of Plans of SurveyUpon satisfactory completion of any works required to be undertaken or lodgement ofsatisfactory security the applicant shall submit to the <strong>Council</strong> an accurate plan of surveyfor the subdivision within the relevant time period specified by the Act.The plan of survey shall:-(4(b)(c)(d)comprise an original plan certified by a licensed surveyor and signed by the ownerof the land plus two (2) copies of that plan; andbe suitable for lodgement in the office of the relevant registering authority; andbe accompanied by a copy of a certificate of practical completion where securityfor uncompleted works has not been lodged; andbe accompanied by a sealing fee of an amount in accordance with a Schedule ofFees determined by resolution of the <strong>Council</strong>.Prior to the submission of a plan of survey the applicant shall reinstate survey marks andinstall new survey marks in their correct position in accordance with the plan of survey.Such work shall be certified in writing by a licensed surveyor; andPrior to the sealing of a plan of survey by the <strong>Council</strong> for subdivision involving works, theapplicant shall provide security for maintenance of the works during the maintenanceperiod.The <strong>Council</strong> shall note its approval under seal on the original plan of survey in accordancewith the requirements for the Registrar of Titles provided it is satisfied that:-(4@)the relevant provisions of this Section and other Sections of this document andany other relevant provisions of the Town <strong>Planning</strong> <strong>Scheme</strong>, the Act and any otherrelevant Act have been complied with in full; andthe plan of survey conforms with the approval granted and that all required worltshave been completed to its satisfaction.The <strong>Council</strong> shall seal a conforming plan of survey in accordance with the Act as soon aspracticable after it is submitted and retum the plan of survey to the applicant for lodgementin the ofice of the relevant registering authority.In the event that the relevant registering authority, upon lodgement of a plan of subdivisionapproved by the <strong>Council</strong>, requires the alteration of such plan in any particular, the licensedsurveyor who prepared the plan shall, within a period of one (1) month from the date ofeffecting the required alterations, notify the <strong>Council</strong> in writing of such alterations andforward to the <strong>Council</strong> copies of the altered plan.A licensed surveyor shall not amend any plan of survey after it has been submitted to the<strong>Council</strong> for approval and sealing, without informing the <strong>Council</strong> of such amendments andamending any copies of the plan to conform therewith. In no case shall such amendmentsbe made as would contravene the conditions of the <strong>Council</strong>'s approval.Security for Maintenance of WorksPrior to the sealing of the plan of survey by the <strong>Council</strong> and upon the issue of a certificateof practical completion, the applicant shall comply with all relevant clauses of thisSub-section. Security in a form satisfactory to <strong>Council</strong> and of an amount equal to aminimum of 5 percent of the cost of the works, as approved by the City Engineer, shall beprovided against any defects in material or construction which may develop or becomeapparent during a maintenance period of a minimum of 12 months from the date ofacceptance of the worlts on maintenance by the <strong>Council</strong>.

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