Environmental Planning and Assessment Regulation 2000
Division 4 Subdivision certificates
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.
158 Certifying authority may require additional information
(cf clause 79S of EP&A Regulation 1994)
(1) A certifying authority may require the applicant for a subdivision certificate to give the certifying authority any additional information concerning the proposed subdivision that is essential to the certifying authority’s proper consideration of the application.(2) Nothing in this clause affects the certifying authority’s duty to determine an application for a subdivision certificate.
159 Certifying authorities to supply application form for subdivision certificates
(cf clause 79T of EP&A Regulation 1994)
If a certifying authority requires an application for a subdivision certificate to be in a particular form, it must provide any person intending to make such an application with blank copies of that form.
160 Procedure for determining application for subdivision certificate
(cf clause 79U of EP&A Regulation 1994)
(1) The determination of an application for a subdivision certificate must be in writing and must contain the following information:(a) the date on which the application was determined,(b) whether the application has been determined:(i) by approval, or(ii) by refusal,(c) if the application has been determined by refusal:(i) the reasons for the refusal, and(ii) if the certifying authority is a consent authority, of the applicant’s right of appeal under the Act against the refusal,(d) the identity of the certifying authority determining the application, including, in a case where the certifying authority is an accredited body corporate, the identity of the individual who dealt with the application on behalf of the body corporate,(e) if the certifying authority is an accredited certifier, the accreditation number of the certifying authority, including, in a case where the certifying authority is an accredited body corporate, the accreditation number of the individual who dealt with the application on behalf of the body corporate,(f) if the certifying authority is an accredited certifier who is an individual, the signature of the accredited certifier,(g) if an individual dealt with the application on behalf of the certifying authority, the signature of the individual who dealt with the application.(2) The certifying authority must notify the consent authority and the council of the determination by forwarding the following documents to the council within 2 days after the date of the determination:(a) a copy of the determination,(b) copies of any documents that were lodged with the application for the certificate,(c) if a subdivision certificate was issued, a copy of the endorsed plan of subdivision.Note.The form of the subdivision certificate is regulated under the Conveyancing Act 1919.
160A Prescribed persons: subdivision certificates
The following persons are prescribed for the purposes of section 109D (1) (d) (iii) of the Act:(a) Newcastle Port Corporation,(b) Port Kembla Port Corporation,(c) Sydney Ports Corporation,(d) Rail Corporation New South Wales,(e) Transport Infrastructure Development Corporation.