17Construction and maintenance of works

17 Construction and maintenance of works (1) A person must not commence works until— (a) the plan has been certified; and (b) the engineering plan has been approved; and (c) any agreement required by a responsible authority or a referral authority has been entered into. (2) A Council or referral authority may— (a) appoint a person to supervise the construction of the works; and (b) make a charge not exceeding the prescribed fee for the supervision; and S. 17(2)(c) amended by No. 47/1989 ss 12(2)(a), 13(1). (c) enter into an agreement with an owner or applicant in anticipation of the applicant becoming owner providing for either or both of the following— (i) that works or other things required by the planning scheme or permit may be completed after registration; S. 17(2)(c)(ii) inserted by No. 47/1989 s. 12(2)(b). (ii) if works are required, securing compliance with section 20A. S. 17(2A) inserted by No. 47/1989 s. 19(j). (2A) If land the subject of an application for a permit to subdivide or consolidate or land on a plan is located outside the district of a relevant authority, the Council, if it considers that water or sewerage services should be provided, may request the Minister administering the Act under which the relevant authority is created (if that Minister has not already made a nomination) to nominate a relevant authority to consider what works (if any) are required and, if within the prescribed time the Minister does not nominate an authority, the Council may carry out a nominated relevant authority's functions under this section. S. 17(2B) inserted by No. 47/1989 s. 19(j). (2B) A nominated relevant authority may make any requirement under subsection (2) as if it were a referral authority. S. 17(2C) inserted by No. 47/1989 s. 19(j). (2C) An agreement made under subsection (2)(c) by a nominated relevant authority may make provision for any matter including but not limited to— (a) the payment by the owner or applicant of— (i) any reasonable part of the cost of constructing works; or (ii) any reasonable part of the cost of maintaining works for a period of not more than 5 years; and (b) the payment by the owner or applicant of any reasonable part of the cost of the authority's general system of public utility services, based on the area or use of the land; and (c) the payment by the owner or applicant of any reasonable part of the cost of constructing or maintaining works on other land that are capable of benefiting the owner's or applicant's land; and (d) advances to be made by the owner or applicant to the authority for constructing or maintaining works; and (e) exempting the works from any provision of this section; and (f) the person or body in which works are to vest or who is to be responsible for works after they are completed; and (g) the referral of any proposal for works to any person or body. S. 17(2D) inserted by No. 47/1989 s. 19(j). (2D) At any time after works are completed under an agreement to which subsection (2C) applies, the Council and a relevant authority may by agreement or the Governor in Council may by Order published in the Government Gazette, transfer the works and any land or interest in land relating to the works and rights, powers, obligations and liabilities under the agreement from the Council to a relevant authority. S. 17(2E) inserted by No. 47/1989 s. 19(j). (2E) Subject to any agreement, subsections (1), (3), (4), (5) and (6) apply as if they referred to a nominated relevant authority as well as to a referral authority. S. 17(3) amended by No. 48/1991 s. 13(1). (3) Subject to this section, Division 2 of Part 9 of the **Planning and Environment Act 1987** applies to an agreement under subsection (2)(c) as if the Council or referral authority were the responsible authority. S. 17(3A) inserted by No. 48/1991 s. 13(2). (3A) An agreement under subsection (2)(c) does not have to be under seal. S. 17(3B) inserted by No. 48/1991 s. 13(2). (3B) If an agreement under subsection (2)(c) is not under seal, sections 174(1), 179 and 181 to 183 of the **Planning and Environment Act 1987** do not apply to it. S. 17(3C) inserted by No. 3/2013 s. 86. (3C) If an agreement under subsection (2)(c) is under seal— (a) section 182A of the **Planning and Environment Act 1987** does not apply to it; and (b) section 181(1) of the **Planning and Environment Act 1987** applies to it as if for the expression "must apply to the Registrar of Titles, without delay," there were substituted the expression "may apply to the Registrar of Titles". (4) The applicant is responsible for the maintenance of the completed works in good condition and repair for 3 months or any other period which is agreed between the applicant and the Council or referral authority. (5) After the expiry of the maintenance period, maintenance of the works becomes the responsibility of the Council or the referral authority. S. 17(6) amended by No. 47/1989 s. 19(k). (6) In this section— S. 17(6) def. of *agreement* inserted by No. 48/1991 s. 13(3)(a). ***agreement*** includes arrangement or understanding, whether written or oral or by conduct; S. 17(6) def. of *relevant authority* amended by No. 48/1991 s. 13(3)(b). ***relevant authority*** means— (a) an authority under the **Water Act 1989** that has a water or a sewerage district; or (b) the Melbourne and Metropolitan Board of Works; and ***works*** means works that— (a) are required by or for the Council or a referral authority to provide roads or public utility services to the land; and (b) are or are to be the responsibility of the Council or a referral authority after the maintenance period.