24. Determination of amount to be deposited and date for completion
Feedback & supportEvery person shall, before commencing any work for the erection of any new building, submit an application in the prescribed form for the determination of the amount to be deposited, if any, for the execution of street works.
building
“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of a human habitation or otherwise, and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure, support or foundation connected to the foregoing;
The Director-General shall —
on an application being made under subsection (1); or
where no such application has been made, after serving a notice on the person who is to be required to make the deposit, by order in writing determine —
the amount, if any, that is required to be deposited for the execution of street works; and
if a deposit is required, the date on or before which the street works shall be completed.
Where no deposit is required, the Director-General shall issue a certificate to the person who made the application under subsection (1) in the prescribed form stating that no deposit is required to be made for the execution of street works before the commencement of building operations.
street works
“street works” includes work of sewering, levelling, paving, metalling, flagging, kerbing, channelling, draining, lighting, laying of water, gas or electricity services and otherwise the making good a street or part of the street;
The Director-General shall, in making an order under subsection (2), have regard to the amount that could be recovered by the Director-General if he executed the street works under the provisions of this Act.
The Director-General shall serve a copy of the order on the person who is required to deposit the amount determined for the execution of street works. That amount shall be deposited with the Director-General within 14 days of the service of the copy of the order. Such a deposit shall not be refunded, except in accordance with section 26.
Any person who is dissatisfied with the order may, within 10 days of the service of the copy of the order, appeal to the Minister. The decision of the Minister on such an appeal shall be final and shall not be questioned in any court.[23