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Responsibilities 3.2

Owner

The Owner must:
  1. Enter into an Agreement with us for the acceptance of surface and stormwater runoff from the development into our drainage and waterways systems and the provision of waterway and drainage Works to service the development, (unless the lots are Stage Lots on the plan of subdivision). The Agreement will facilitate and require provision of Works and payment of contributions.
  2. Ensure the Works provide drainage services in accordance with the following documents:
    • The Agreement, including any Special Conditions
    • These Standard Conditions
    • All relevant policies, procedures and technical guidelines and requirements contained in the Land Development process
    • Any other documents related to the construction of Works which form part of the Agreement.
  3. Comply with all relevant laws, regulations and by-laws
  4. Obtain all necessary permits for the Works
  5. Give notice and pay fees as required by relevant laws, regulations or by-laws affecting the Works
  6. Ensure any necessary Works not provided for in the Land Development process are carried out under separate specifications approved by us
  7. Engage a Consultant to take responsibility for the design, contract administration and supervision, certification and recording of the Works (unless specified to the contrary in the Agreement)
  8. Agree to accept advice from the Consultant in regard to the design, installation and quality of the Works
  9. Supply all materials and carry out all Works unless otherwise specified on the design drawings and in the Special Conditions in the Agreement
  10. Agree to pay our costs or expenses associated with specific inspection, audit or surveillance activities specified in the Special Conditions of the Agreement. These costs may include the cost of intensive audits by us (intensive audits are carried out where we don't have confidence its requirements can be met by relying on the Consultant's quality management system alone)
  11. Give us written notice of the name of the appointed Consultant on the application for the Offer
  12. Give us written notice if a new Consultant is appointed during the term of the Agreement. This notice must include the name of the new Consultant and be given no later than five working days after the appointment is made
  13. Give us written notice if the whole of the land subject to the Agreement is sold or transferred before the Works are complete. This notice must be given no later than five working days after the Agreement or contract to sell the land is signed.
  14. Supply the local Council and relevant authorities with a copy of the drawings submitted to us
  15. Obtain all necessary permits
  16. Give all notices and pay all fees as required by relevant laws, regulations and by-laws.
 

Consultants

Unless otherwise specified in the Agreement, the Consultant is responsible for the design, construction, recording and certification of Works on behalf of the Owner.

The Consultant must:

  1. Operate under an effective documented quality management system, which is currently third party certified as meeting the requirements of AS/NZS ISO 9001 - 2015
  2. Conform to our quality acceptance requirements
  3. Facilitate any quality audits and surveillance activities by us
  4. Retain all records and documentation to demonstrate conformance to our quality requirements for the duration of the Agreement and five years after the Works are vested in us
  5. Respond within five days to any request by us for additional information
  6. Co-ordinate the design of the drainage, waterway, floodway, water quality Works, and the environmental management of the Works with any other Works, operations and services involving us
  7. Co-ordinate the design with Councils, other authorities and individuals that may have a direct or indirect interest in the location, design and construction of the proposed Works
  8. Satisfy our insurance requirements
  9. Accept the period of responsibility as from the Agreement date until two years after the date of issue of the Certificate of Completion.
 

Melbourne Water

We're responsible for:

  1. Establishing functional design criteria and/or requirements for drainage, waterway, floodway, water quality Works, and environmental management of the Works, as part of an overall catchment strategy or Development services scheme
  2. Providing information relevant to the design, construction and recording of the Works to the Consultant in a timely manner
  3. Determining the standards for design, construction, performance and recording of the Works
  4. Determining the quality management requirements for the Works (including quality assurance and/or quality control requirements and associated reporting arrangements)
  5. Undertaking or arranging quality audits, surveillance and inspections
  6. Providing acknowledgment after receiving a Certification Statement from the Consultant
  7. Providing a Certificate of Practical Completion and a Certificate of Completion when appropriate.
 

 

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