sec.93Additional works on primary thoroughfare

sec.93 Additional works on primary thoroughfare

At the request in writing of any member of the primary thoroughfare body corporate, the primary thoroughfare body corporate may undertake works on any part of the primary thoroughfare with a view to enhancing the amenity of land or the profitability of any business undertaking within the site. Works that restrict vehicular access that is available immediately prior to the commencement of the undertaking of the works, to any part of the site shall not be undertaken unless each proprietor of the land comprising that part consents in writing to that restriction. Works shall not be undertaken pursuant to this section unless— the local government approves those works; and all conditions of that approval (including conditions as to standards of construction) are complied with. However, the Minister may direct that the local government approve those works. The primary thoroughfare body corporate shall recover all costs of undertaking works pursuant to this section (including the costs incurred in obtaining the approval of the local government and any other approvals required by law) from the member or members of the primary thoroughfare body corporate at whose request the works were undertaken. Where 2 or more members of the primary thoroughfare body corporate are liable to pay the costs of undertaking works each shall pay an amount that bears to the total costs incurred the same proportion that the member’s voting entitlements attributable to the land the amenity of which is sought to be enhanced or on which the business undertaking sought to be enhanced is carried on bears to the aggregate of such voting entitlements of all persons liable to contribute towards those costs. The primary thoroughfare body corporate shall levy contributions in accordance with subsection (6) to recover the costs of undertaking the works and the provisions of section 109 with such modifications as may be necessary apply to and with respect to contributions levied under this subsection in the same way as those provisions apply to contributions levied under that section. Nothing in subsections (5) and (6) shall prevent the primary thoroughfare body corporate from requiring the persons specified in those subsections to pay to the primary thoroughfare body corporate the whole or part of the expected costs of the completed works before the works are commenced or completed. Any member of the primary thoroughfare body corporate who feels aggrieved by any levy imposed upon the member pursuant to this section may apply in writing to the Minister for a review of the levy. The Minister after considering all the relevant information shall determine that member’s liability and may adjust other members’ liability accordingly. The Minister’s decision may be expressed as an amount or as a proportion of the total amount payable for works. (sec.93-ssec.1) At the request in writing of any member of the primary thoroughfare body corporate, the primary thoroughfare body corporate may undertake works on any part of the primary thoroughfare with a view to enhancing the amenity of land or the profitability of any business undertaking within the site. (sec.93-ssec.2) Works that restrict vehicular access that is available immediately prior to the commencement of the undertaking of the works, to any part of the site shall not be undertaken unless each proprietor of the land comprising that part consents in writing to that restriction. (sec.93-ssec.3) Works shall not be undertaken pursuant to this section unless— the local government approves those works; and all conditions of that approval (including conditions as to standards of construction) are complied with. (sec.93-ssec.4) However, the Minister may direct that the local government approve those works. (sec.93-ssec.5) The primary thoroughfare body corporate shall recover all costs of undertaking works pursuant to this section (including the costs incurred in obtaining the approval of the local government and any other approvals required by law) from the member or members of the primary thoroughfare body corporate at whose request the works were undertaken. (sec.93-ssec.6) Where 2 or more members of the primary thoroughfare body corporate are liable to pay the costs of undertaking works each shall pay an amount that bears to the total costs incurred the same proportion that the member’s voting entitlements attributable to the land the amenity of which is sought to be enhanced or on which the business undertaking sought to be enhanced is carried on bears to the aggregate of such voting entitlements of all persons liable to contribute towards those costs. (sec.93-ssec.7) The primary thoroughfare body corporate shall levy contributions in accordance with subsection (6) to recover the costs of undertaking the works and the provisions of section 109 with such modifications as may be necessary apply to and with respect to contributions levied under this subsection in the same way as those provisions apply to contributions levied under that section. (sec.93-ssec.8) Nothing in subsections (5) and (6) shall prevent the primary thoroughfare body corporate from requiring the persons specified in those subsections to pay to the primary thoroughfare body corporate the whole or part of the expected costs of the completed works before the works are commenced or completed. (sec.93-ssec.9) Any member of the primary thoroughfare body corporate who feels aggrieved by any levy imposed upon the member pursuant to this section may apply in writing to the Minister for a review of the levy. (sec.93-ssec.10) The Minister after considering all the relevant information shall determine that member’s liability and may adjust other members’ liability accordingly. (sec.93-ssec.11) The Minister’s decision may be expressed as an amount or as a proportion of the total amount payable for works.