Agreement process conditions 3.3

​Termination of Agreement

If the Owner or Consultant fails to satisfy any Conditions of Agreement, we, after showing good cause, may terminate the Agreement (including withholding any reimbursement) by notice in writing to the Owner and Consultant.

Application for Offer of drainage conditions of Agreement

The Owner must submit the following items to us:

  • a completed Application for Drainage Conditions form signed by the Owner

  • all plans and information specified on the Application for Drainage Conditions form

The date of the application is the date upon which all required fees, plans and information have been received by us. All fees, charges or contributions are based on the rates current at this date.

If there are changes to the plan of subdivision affecting the extent of Works or contributions payable, the Owner must submit a new application. A new application isn't required for minor changes such as minor easement creations or relocations. All fees, charges, contributions and conditions for a new application would be those current at the new application date.

The Offer

Following the receipt of the Owner's application and payment of the application fee, we'll prepare and forward an Offer of Conditions of Agreement to the Owner. The Offer sets out Conditions under which waterway and drainage services will be provided to the development. The Offer will include details of special conditions and financial arrangements relating to the development.

We'll respond to the application within 60 days, as agreed with the land development industry. The timeframe may be extended beyond 60 days where insufficient information is submitted to assess the application, or where we require additional information from the developer/consultant.

Acceptance of the Offer (agreement formed)

The Owner is considered by us to have accepted the Offer when the following items have been lodged with us to our satisfaction before the Offer expiry date:

  • completed Offer Acceptance Form signed by the Owner and the Consultant

  • any required information and statements

If the acceptance doesn't meet our requirements, the Owner will be notified by us within five working days of receiving the acceptance. Any changes or additional information needed to satisfy us must also be lodged before the Offer expiry date. When accepting the Offer, the Owner may choose to defer the payment of contributions.

Expiry of the Offer

The Offer may be accepted by the Owner within three months from the date of the Offer. The Offer will expire if not accepted in accordance with 'Acceptance of the Offer (Agreement formed)' before this date, the Owner may be required to apply for a new Offer of conditions.

Agreement

If works aren't completed within 18 months of acceptance of the Offer, the agreement will expire and a new Offer may be required.

If a Letter of Release hasn't been issued within 18 months of acceptance of the Offer, the agreement may be terminated and a new Offer may be required.

Commencement of construction

Before commencing construction, the Owner must submit the following documents to us:

Evidence insurance requirements set out in the Insurance Conditions have been complied with.

At the end of construction, the Consultant must submit a Construction Certification Statement (see Forms section). We'll consider the Works as completed when the Construction Certification Statement has been reviewed and accepted by us.

If the works aren't completed by the due date, the:

  • agreement may be terminated at our discretion

  • Owner must pay any reasonable additional costs incurred by us

If the Agreement terminates, money paid by the Owner under the agreement will be forfeited or refunded at our discretion. We'll deduct any reasonable costs we've incurred, before determining any refund amount.

We'll not accept the Construction Certification Statement if we have reason to believe there are discrepancies between the condition of the works as certified and as constructed.

Defects liability period

Commencement of defects liability period

Before the defects liability period commences, the Owner must submit the following information in accordance with 'Certification at end of construction':

  • Construction Certification Statement

  • As-Constructed Survey Certification Statement

  • As-Constructed survey information for the Works

These documents can be found in the Forms section.

End of defects liability period

At the end of the defects liability period, the Owner must submit an End of Defects Liability Period Certification Statement in accordance with the Defects Liability Period.

We won't accept the End of Defects Liability Period Certification Statement if we have reason to believe there are discrepancies between the condition of the works as certified and as existing.

Bonding of uncompleted works

We'll consider accepting a conditional bond to cover incomplete Works to enable the Owner to obtain our Letter of Release (consent to the issuing of a Statement of Compliance by the Council). The Owner must make written application for the works to be bonded.

We'll consider each application on its merits.

 

Last updated:
25 September 2017