Environmental Planning and Assessment Regulation 2000
Historical version for 1 January 2008 to 31 January 2008 (accessed 4 August 2020 at 16:33) Current version
Schedule 4
Schedule 4 Planning certificates
(Clause 279)
1   Names of relevant SEPPs, REPS, LEPs and DCPs
(1)  The names of:
(a)  each local environmental plan and deemed environmental planning instrument applying to the land, and
(b)  each draft local environmental plan applying to the land that has been placed on exhibition under section 66 (1) (b) of the Act, and
(c)  each development control plan applying to the land that has been made by the relevant planning authority under Division 6 of Part 3 of the Act (including any made by the council under section 72, or the Director-General under section 51A, before the repeal of those sections).
(2)  The names of:
(a)  each regional environmental plan applying to the land, and
(b)  each draft regional environmental plan applying to the land that has been placed on exhibition under section 47 (b) of the Act.
(c)    (Repealed)
(3)  The names of:
(a)  each State environmental planning policy applying to the land, and
(b)  each draft State environmental planning policy applying to the land that has been publicised as referred to in section 39 (2) of the Act.
2   Zoning and land use under relevant LEPs
For each local environmental plan, deemed environmental planning instrument and draft local environmental plan applying to the land that includes the land in any zone (however described):
(a)  the identity of the zone, whether by reference to a name (such as “Residential Zone” or “Heritage Area”) or by reference to a number (such as “Zone No 2 (a)”),
(b)  the purposes for which the plan or instrument provides that development may be carried out within the zone without the need for development consent,
(c)  the purposes for which the plan or instrument provides that development may not be carried out within the zone except with development consent,
(d)  the purposes for which the plan or instrument provides that development is prohibited within the zone,
(e)  whether any development standards applying to the land fix minimum land dimensions for the erection of a dwelling-house on the land and, if so, the minimum land dimensions so fixed,
(f)  whether the land includes or comprises critical habitat,
(g)  whether the land is in a conservation area (however described),
(h)  whether an item of environmental heritage (however described) is situated on the land.
3   (Repealed)
4   Coastal protection
Whether or not the land is affected by the operation of section 38 or 39 of the Coastal Protection Act 1979, but only to the extent that the council has been so notified by the Department of Public Works.
5   Mine subsidence
Whether or not the land is proclaimed to be a mine subsidence district within the meaning of section 15 of the Mine Subsidence Compensation Act 1961.
6   Road widening and road realignment
Whether or not the land is affected by any road widening or road realignment under:
(a)  Division 2 of Part 3 of the Roads Act 1993, or
(b)  any environmental planning instrument, or
(c)  any resolution of the council.
7   Council and other public authority policies on hazard risk restrictions
Whether or not the land is affected by a policy:
(a)  adopted by the council, or
(b)  adopted by any other public authority and notified to the council for the express purpose of its adoption by that authority being referred to in planning certificates issued by the council,
that restricts the development of the land because of the likelihood of land slip, bushfire, tidal inundation, subsidence, acid sulphate soils or any other risk (other than flooding).
7A   Flood related development controls information
(1)  Whether or not development on that land or part of the land for the purposes of dwelling houses, dual occupancies, multi dwelling housing or residential flat buildings (not including development for the purposes of group homes or seniors housing) is subject to flood related development controls.
(2)  Whether or not development on that land or part of the land for any other purpose is subject to flood related development controls.
(3)  Words and expressions in this clause have the same meanings as in the instrument set out in the Schedule to the Standard Instrument (Local Environmental Plans) Order 2006.
8   Land reserved for acquisition
Whether or not any environmental planning instrument, deemed environmental planning instrument or draft environmental planning instrument applying to the land provides for the acquisition of the land by a public authority, as referred to in section 27 of the Act.
9   Contributions plans
The name of each contributions plan applying to the land.
10   Matters arising under the Contaminated Land Management Act 1997
Section 59 (2) of the Contaminated Land Management Act 1997 prescribes the following additional matters that are to be specified in a planning certificate:
(a)  that the land to which the certificate relates is within land declared to be an investigation area or remediation site under Part 3 of that Act (if it is within such an area or site at the date when the certificate is issued),
(b)  that the land to which the certificate relates is subject to an investigation order or a remediation order within the meaning of that Act (if it is subject to such an order at the date when the certificate is issued),
(c)  that the land to which the certificate relates is the subject of a voluntary investigation proposal (or voluntary remediation proposal) the subject of the Environment Protection Authority’s agreement under section 19 or 26 of that Act (if it is the subject of such a proposal, and the proposal has not been fully carried out, at the date when the certificate is issued),
(d)  that the land to which the certificate relates is the subject of a site audit statement within the meaning of Part 4 of that Act (if a copy of such a statement has been provided at any time to the local authority issuing the certificate).
11   Bush fire prone land
If any of the land is bush fire prone land (as defined in the Act), a statement that all or, as the case may be, some of the land is bush fire prone land.
If none of the land is bush fire prone land, a statement to that effect.
12   Property vegetation plans
If the land is land to which a property vegetation plan under the Native Vegetation Act 2003 applies, a statement to that effect (but only if the council has been notified of the existence of the plan by the person or body that approved the plan under that Act).
Whether an order has been made under the Trees (Disputes Between Neighbours) Act 2006 to carry out work in relation to a tree on the land (but only if the council has been notified of the order).
14   Directions under Part 3A
If there is a direction by the Minister in force under section 75P (2) (c1) of the Act that a provision of an environmental planning instrument prohibiting or restricting the carrying out of a project or a stage of a project on the land under Part 4 of the Act does not have effect, a statement to that effect identifying the provision that does not have effect.
15   Conditions affecting seniors housing
If a development application is granted on or after the date on which this clause commences under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 with respect to the land, a statement setting out the terms of any conditions on which the application was granted of the kind referred to in clause 18 (2) of that Policy.