Page 3086 - Week 10 - Thursday, 15 September 1994

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MINISTER FOR THE ENVIRONMENT, LAND AND PLANNING

LEGISLATIVE ASSEMBLY QUESTION

QUESTION NO 1367

Private Leases- Landscape Works

Compliance Certificates

Ms Szuty - asked the Minister for the Environment, Land and Planning -

In relation to inspections undertaken by your Department for the purpose of issuing a compliance certificate under the Landscape Design and Construction Guidelines of Category A: Landscape Works within Private Leases -

(1) Is it normal practice for these inspections to occur up to 18 months after the

completion of the building and landscaping work.

(2) When such a delay occurs is any allowance made for the time elapsed in such

areas as the settling and breakdown of mulch.

(3) Is it normal practice for a value to be placed on any outstanding work

identified during an inspection.

(4) What is the process used to arrive at such values and is any comparison made

to normal commercial prices for such work.

(5) Does the placing of a value on the work imply that your Department will

undertake that work at the indicated price.

(6) If your Department will undertake the work, is such work undertaken by

departmental personnel or by contractors.

Mr Wood - the answers to the Members questions are as follows:

Before answering the Members specific questions I would like to discuss a little of the background of compliance certificates.

When leases are first issued they contain a number of provisions known as building and development provisions. These provisions cover a wide range of matters, such as the minimum value of building/s, tree preservation, lighting, verge development, landscaping etc. When Lessees have complied with all the building and development provisions they may apply to the Minister for a certificate confirming that the requirements have been met.

There is no statutory requirement for a Lessee to apply for a compliance certificate. However, a lease for which a compliance certificate has not been issued cannot be dealt with, that is, it cannot be assigned, mortgaged, sub-let or transferred without the Ministers consent. Thus, in many cases Lessees will not apply for a compliance certificate until they need to deal with the lease; this is often a considerable time after they have complied with the building and development provisions.

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