157Payment of security

#### 157 Payment of security 157 Payment of security > > (1) This section applies to a complying development certificate authorising the carrying out of development if— > > > > > (a) the development involves the demolition of a work or building, the erection of a new building or an addition to an existing building, and > > > > > (b) the estimated development cost, including GST, as specified in the application for the certificate, is $25,000 or more, and > > > > > (c) the development will be carried out on land adjacent to a public road, and > > > > > (d) at the time the application for the certificate is made, the council for the area in which the development will be carried out has specified, on its website, an amount of security that must be paid in relation to development— > > > > > > > (i) of the same type or description, or > > > > > > > (ii) carried out in the same circumstances, or > > > > > > > (iii) carried out on land of the same size or description. > > > (2) A complying development certificate must be issued subject to a condition that the amount of security referred to in subsection (1)(d) will be given, in accordance with this section, to the council before the building work or subdivision work authorised by the certificate commences. > > > (3) The applicant may give the security to the council by— > > > > > (a) a deposit with the council, or > > > > > (b) a guarantee satisfactory to the council. > > > (4) The council may use the security to meet the cost of making good damage caused to council property as a consequence of doing a thing, or not doing a thing, authorised or required by the complying development certificate, including the cost of an inspection to determine if damage has been caused. > > > (5) The balance of the security remaining after meeting the costs referred to in subsection (4) must be refunded to, or at the direction of, the person who gave the security. > > **s 157:** Am 2023 (512), Sch 1\[3\].