New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 10.7

10.7 Planning certificates

(cf previous s 149)

(1) A person may, on payment of the prescribed fee, apply to a council for a certificate under this section (a
"planning certificate" ) with respect to any land within the area of the council.

(2) On application made to it under subsection (1), the council shall, as soon as practicable, issue a planning certificate specifying such matters relating to the land to which the certificate relates as may be prescribed (whether arising under or connected with this or any other Act or otherwise).

(4) The regulations may provide that information to be furnished in a planning certificate shall be set out in the prescribed form and manner.

(5) A council may, in a planning certificate, include advice on such other relevant matters affecting the land of which it may be aware.

(6) A council shall not incur any liability in respect of any advice provided in good faith pursuant to subsection (5). However, this subsection does not apply to advice provided in relation to contaminated land (including the likelihood of land being contaminated land) or to the nature or extent of contamination of land within the meaning of Schedule 6.

(7) For the purpose of any proceedings for an offence against this Act or the regulations which may be taken against a person who has obtained a planning certificate or who might reasonably be expected to rely on that certificate, that certificate shall, in favour of that person, be conclusively presumed to be true and correct.