34Compliance with development consent and planning agreement

34 Compliance with development consent and planning agreement

34 Compliance with development consent and planning agreement

(1) A certifier must not issue a subdivision works certificate unless the design and construction of the subdivision work is consistent with the development consent.

(2) A certifier must not issue a subdivision works certificate under a development consent unless the following have been complied with—

(a) a condition of the development consent or an agreement referred to in the Act, section 4.17(6) requiring the provision of security before work is carried out,

(b) a condition of the development consent, referred to in the Act, section 7.11 or 7.12, requiring the payment of a monetary contribution or levy before work is carried out,

(c) a condition of the development consent that must be complied with before the subdivision works certificate may be issued,

(d) a condition of a planning agreement that must be complied with before the subdivision works certificate may be issued.

(3) In this section—

design and construction of subdivision work means the design and construction of the work described in the plans and specifications and other information given to the certifier under section 32.

Maximum penalty (subsections (1) and (2))—

(a) for a corporation—300 penalty units, or

(b) for an individual—150 penalty units.