Early clearance of subdivision conditions

In some circumstances, developers can obtain clearance of subdivision conditions before completing the necessary works.

The 2 methods of securing early clearance are through either a Multi-staged Works Agreement or a Performance Agreement. If your request is acceptable, the other conditions on your Land Development Agreement must still be met, before a clearance can be issued.

They are agreements in which a developer provides a financial guarantee as security against unfinished works that are needed to satisfy subdivision conditions. They are designed to assist the development industry release lots quickly.

The agreements cover water and wastewater reticulation mains needed for subdivisions that have a minimum of 10 lots where construction of the works has commenced.

When are conditions cleared?

Once the Performance Agreement has been signed and all other conditions of a Land Development Agreement have been fulfilled, we will clear the subdivision conditions.

How does it work?

You apply for a Performance Agreement and if you’re considered eligible, we will prepare the agreement and present it to you.

The agreement will outline your responsibilities and typically includes:

  • obligations on keeping land purchasers informed about service availability to their lots
  • there will be no water and/or wastewater services before the Service Obligation Date 
  • if improvements (e.g. a building) are constructed on the lots, then:
    • they cannot be used or occupied until services are connected
    • we are not responsible for ensuring the building can be connected where a wastewater service is needed but not available
    • property sewer connections will not be allowed before we deem the sewers operational
    • where building applications are accepted before the works are complete, landowners will be required to sign a disclaimer.

Each agreement will vary depending on the amount of lots that need to be served and the scope of the works.

How to obtain early clearance

  • Arrange a consulting engineer to provide design drawings that comply with our overall scheme planning and technical standards.
  • Pay application fees, if applicable. Read more about these fees here
  • Provide a financial guarantee or cash, if applicable. Arrange for the works to begin construction with one of our inspectors.
  • Complete all conditions on the land development agreement. On completion of the above steps, we are able to clear the condition related to the works component of your land development agreement.
  • When requested, provide progress reports on the works to be constructed.
  • At the sale of any new lot, you must provide the purchasers with a copy of the agreement.
  • Complete the works by the service obligation date and request a variation to the service obligation date if it cannot be achieved.
  • Once the works have been taken over, your performance is assessed and your financial security is returned, if applicable.

It is an agreement between us and a developer. It enables developers to provide water supply and/or wastewater reticulation mains more efficiently. They are available to broad-acre, multi-staged subdivisions and are based on an accepted concept plan which is an overall plan that shows how an area of land will be provided with water and/or wastewater services that satisfies our long term planning. It is required for all multi-staged developments and before we can accept any reticulation designs.

The process

  • The developer applies to Water Corporation to enter into an Multi-staged Works Agreement (MSWA).
  • We provide the planning information required to produce a concept plan – to progress the proposed development, the concept plan can be developed to a stage where it is satisfactory. However, it can only be accepted when a subdivision application has reached conditional approval.
  • The MSWA will be provided with the initial marked up concept plans.
  • The MSWA will be countersigned by us when the concept plans have been accepted. We are then able to process reticulation plans for each stage of subdivision.
  • The reticulation design plans are submitted and we provide minor administrative information (e.g. access chamber numbers) and check for conformance with the concept plan – they do not undergo a comprehensive review.
  • Fulfill ‘start-up’ meeting requirements for each stage before beginning any works.
  • The works are constructed and taken over by Water Corporation. Any non-compliant works are required to be rectified prior to being taken over.

Benefits

  • No financial securities required to obtain early clearance against works*conditions apply.
  • Reduction in time to obtain early clearance.
  • Reduction in fees and documents.
  • Time to complete works has been extended and made uniform.
  • Less scrutiny of design plans and faster ‘turn-around’ times by Water Corporation. 

How to obtain 'Early clearance of subdivision conditions' with a MSWA

When the above steps have occurred, we will assess your request against the terms of the MSWA and if all conditions have been met, we will clear the subdivision conditions.

Note: The Developers' manual contains more detailed information and includes all forms required for each step in the process. 

How to calculate the security amount (if required)

Reticulation Assets prior to final inspection

The maximum periods for completing deferred works to be constructed is 22 weeks.

a) Details of the financial security we require for assets servicing typical residential subdivisions (R20, R25):

  • Water supply     $2,500 per lot
  • Wastewater       $5,500 per lot

b) For assets serving large lot residential, commercial and industrial lots where the length of main per lot is in excess of 20 metres per lot, the amount per lot (in a) factored up by the average length of main per lot.

c) Irrespective of either of the above assessments, the minimum amount will be:

  • Water supply      $50,000
  • Wastewater      $100,000

Costs for early clearance approvals

Where a financial guarantee is required, there is a fee per consultant submission or per land development agreement.

For details of the associated fees, please refer to our Land servicing fees page.

  • Approval of applications is at our discretion, including altering the time allocated to complete the works.
  • We are indemnified from all costs arising from your default on any term or condition.
  • The financial institution providing the guarantee must meet our requirements and have no interest in the development.
  • The agreements only apply to water and wastewater reticulation works to developments.
  • You must agree to meet all construction costs.
  • Once clearance has been finalised, you generally have 22 weeks to complete the works.
  • If you fail to complete works by agreed service obligation dates, you may not qualify to receive any further clearances.

More information

Please contact us on land.servicing@watercorporation.com.au or call (08) 9420 2099.