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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 1 December 2019 to date (accessed 28 January 2020 at 13:11)
Part 8 Division 4
Division 4 Subdivision certificates
157   Applications
(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,
(d)  a list of the documents accompanying the application,
and, if the certifier so requires, must be in the form approved by the certifier.
(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 subdivision works 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 6.29 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 certifier 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 certifier, 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 and Spatial Information Act 2002.
(5)  Immediately after it receives an application for a subdivision certificate, the certifier must endorse the application with the date of its receipt.
158   Certifier may require additional information
(cf clause 79S of EP&A Regulation 1994)
(1)  A certifier may require the applicant for a subdivision certificate to give the certifier any additional information concerning the proposed subdivision or a planning agreement that is essential to the certifier’s proper consideration of the application.
(2)  Nothing in this clause affects the certifier’s duty to determine an application for a subdivision certificate.
(3)  A planning authority that is a party to a planning agreement may, at the request of an applicant for a subdivision certificate that is made for the purposes of obtaining information required under this clause, certify that specified requirements of the agreement have been complied with.
159   Certifiers to supply application form for subdivision certificates
(cf clause 79T of EP&A Regulation 1994)
If a certifier 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 certifier is a consent authority, of the applicant’s right of appeal under the Act against the refusal,
(d)  the identity of the certifier determining the application, including, in a case where the certifier is an accredited body corporate, the identity of the individual who dealt with the application on behalf of the body corporate,
(e)  if the certifier is an accredited certifier, the accreditation number of the certifier, including, in a case where the certifier 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 certifier 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 certifier, the signature of the individual who dealt with the application.
(2)  The certifier 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   (Repealed)
160B   Deemed refusal period for application for subdivision certificate
(1)  For the purposes of section 8.17(1) of the Act, a council is taken to have made a decision to refuse to issue a subdivision certificate in relation to a subdivision if, following an application for the certificate, the council fails to issue the certificate within—
(a)  for an application for a subdivision certificate in relation to a subdivision that is State significant development or designated development, the longer of the following—
(i)  14 days after the day on which the application was made,
(ii)  14 days after the day on which the appeal period for the associated development consent for the application ends,
(iii)  if an appeal against the granting of the associated development consent for the application is made—14 days after the day on which the appeal is determined, or
(b)  otherwise—
(i)  if the subdivision to which the application relates requires development consent—14 days after the day on which the application was made, or
(ii)  otherwise—7 days after the day on which the application was made.
(2)  In this clause—
appeal period, for an associated development consent, means the period within which an appeal against the granting of the associated development consent may be made under section 8.8 of the Act.
associated development consent, for an application for a subdivision certificate, means the development consent for the subdivision to which the application relates.