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Environmental Planning and Assessment Regulation 2000
Historical version for 10 December 2008 to 26 February 2009 (accessed 15 August 2020 at 12:53) Current version
157 Applications for subdivision certificates
(cf clause 79R of EP&A Regulation 1994)
(1) An application for a subdivision certificate must contain the following information:(a) the name and address of the applicant,(b) the address, and formal particulars of title, of the land to which the application relates,(c) if the applicant is not the owner of the land, a statement signed by the owner of the land to the effect that the owner consents to the making of the application,and, if the certifying authority so requires, must be in the form approved by that authority.(d) a list of the documents accompanying the application,(2) The application must be accompanied by the following documents:(a) a plan of subdivision,(b) a copy of the relevant development consent or complying development certificate,(c) a copy of any relevant construction certificate,(d) a copy of detailed subdivision engineering plans,(e) for a deferred commencement consent, evidence that the applicant has satisfied the consent authority on all matters of which the consent authority must be satisfied before the consent can operate,(f) evidence that the applicant has complied with all conditions of consent that it is required to comply with before a subdivision certificate can be issued, where relevant,(g) a certificate of compliance from the relevant water supply authority, where relevant,(h) if a subdivision is the subject of an order of the Land and Environment Court under section 40 of the Land and Environment Court Act 1979, evidence that required drainage easements have been acquired by the relevant council,(i) for subdivision involving subdivision work, evidence that:(i) the work has been completed, or(ii) agreement has been reached with the relevant consent authority as to payment of the cost of the work and as to the time for carrying out the work, or(iii) agreement has been reached with the relevant consent authority as to security to be given to the consent authority with respect to the completion of the work.Note.See section 109O of the Act and clause 161 which provide that a requirement for a consent authority to be satisfied as to certain matters may be met if a certifying authority is satisfied as to those matters.(2A) The application may only be made:(a) by the owner of the land to which the application relates, or(b) by any other person, with the consent in writing of the owner of that land.(3) The application must be delivered by hand, sent by post or transmitted electronically to the principal office of the certifying authority, but may not be sent by facsimile transmission.(4) The plan of subdivision to which the application relates must be accompanied by a certificate on the plan in the relevant form required by the regulations in force under the Surveying Act 2002.(5) Immediately after it receives an application for a subdivision certificate, the certifying authority must endorse the application with the date of its receipt.