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