New South Wales Consolidated Regulations

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Condition relating to payment of security

136M Condition relating to payment of security

(1) This clause applies to a complying development certificate authorising the carrying out of development if--
(a) the development is demolition of a work or building, erection of a new building or an addition to an existing building and the estimated cost of the development (as specified in the application for the certificate) is $25,000 or more, and
(b) the development is to be carried out on land adjacent to a public road, and
(c) at the time the application for the certificate is made, there is specified on the website of the council for the area in which the development is to be carried out an amount of security determined by the council that must be paid in relation to--
(i) development of the same type or description, or
(ii) development carried out in the same circumstances, or
(iii) development carried out on land of the same size or description.
(2) A complying development certificate to which this clause applies must be issued subject to a condition that the amount of security referred to in subclause (1) is to be provided, in accordance with this clause, to the council before any building work or subdivision work authorised by the certificate commences.
(3) The security may be provided, at the applicant's choice, by way of--
(a) deposit with the council, or
(b) a guarantee satisfactory to the council.
(4) The funds realised from a security may be paid out to meet the cost of making good any damage caused to any property of the council as a consequence of doing anything (or not doing anything) authorised or required by the complying development certificate, including the cost of any inspection to determine whether damage has been caused.
(5) Any balance of the funds realised from a security remaining after meeting the costs referred to in subclause (4) is to be refunded to, or at the direction of, the person who provided the security.

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