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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 9 June 2009 to 30 June 2009 (accessed 24 January 2020 at 20:10) Current version
Part 4A Section 109J
109J   Restriction on issue of subdivision certificates
(1)  A subdivision certificate must not be issued for a subdivision unless:
(a)  the subdivision is not prohibited by or under this Act, and
(b)  in the case of subdivision that may not be carried out except with development consent, a development consent (or, in the case of complying development, a complying development certificate) is in force with respect to the subdivision, and
(c)  in the case of subdivision for which a development consent has been granted, the applicant has complied with all conditions of the consent that, by its terms, are required to be complied with before a subdivision certificate may be issued in relation to the plan of subdivision, and
(d)  in the case of subdivision for which a “deferred commencement” consent under section 80 (3) has been granted, the applicant has satisfied the consent authority concerning all matters as to which the consent authority must be satisfied before the consent can operate, and
(e)  in the case of subdivision that relates to land within a water supply authority’s area of operations, the applicant has obtained a certificate of compliance from the water supply authority with respect to the subdivision of the land, and
(f)  in the case of subdivision the subject of an order made by the Court under section 40 of the Land and Environment Court Act 1979 concerning the provision of drainage easements, all such drainage easements have been acquired by the council as referred to in that section, and
(g)  in the case of subdivision the subject of a development consent for which the consent authority is required by the regulations to notify any objector:
(i)  at least 28 days have elapsed since the objector was notified, or
(ii)  if an appeal has been made by the objector within that time, the appeal has been finally determined.
(2)  Without limiting subsection (1), a subdivision certificate must not be issued for a subdivision that involves subdivision work unless:
(a)  the work has been completed, or
(b)  agreement has been reached between the applicant for the certificate and the consent authority:
(i)  as to the payment by the applicant to the consent authority of the cost of carrying out the work, and
(ii)  as to when the work will be completed by the consent authority, or
(c)  agreement has been reached between the applicant for the certificate and the consent authority:
(i)  as to the security to be given by the applicant to the consent authority with respect to the work to be completed, and
(ii)  as to when the work will be completed by the applicant.
(3)  Subsection (2) does not prohibit the issue of a subdivision certificate for part only of land that may be subdivided in accordance with a development consent as long as the requirements of that subsection have been complied with in relation to that part.
(4)  In this section:
certificate of compliance, in relation to a water supply authority, means a certificate of compliance issued by the water supply authority under the Act under which the water supply authority is constituted.
water supply authority means:
(a)  the Sydney Water Corporation, the Hunter Water Corporation or a water supply authority within the meaning of the Water Management Act 2000, or
(b)  a council or county council exercising water supply, sewerage or stormwater drainage functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993.