New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 6.15

6.15 Restrictions on issue of subdivision certificates

(cf previous s 109J)

(1) A subdivision certificate must not be issued for a subdivision unless--

(a) the subdivision is not prohibited by or under this Act, and

(b) in the case of subdivision that cannot be carried out except with development consent, a development consent is in force with respect to the subdivision, and

(c) in the case of subdivision for which a development consent has been granted, all the conditions of the development consent that, by its terms, are required to be complied with before a subdivision certificate may be issued in relation to the plan of subdivision have been complied with, and

(d) in the case of subdivision of land to which a planning agreement referred to in Part 7 applies, all the requirements of the agreement that, by its terms, are required to be complied with before a subdivision certificate may be issued in relation to the plan of subdivision have been complied with, and

(e) in the case of subdivision for which the operation of the development consent has been deferred under Part 4, the applicant has satisfied the consent authority concerning all matters as to which the consent authority must be satisfied before the development consent can operate, and

(f) in the case of subdivision the subject of a development consent for which the consent authority is required by or under this Act to notify any objector--

(i) at least 28 days have elapsed since the objector was notified, or

(ii) if an appeal has been made by the objector within that time, the appeal has been finally determined.

(2) Without limiting subsection (1), a subdivision certificate must not be issued for a subdivision that involves subdivision work unless--

(a) the work has been completed, or

(b) agreement has been reached between the applicant for the certificate and the consent authority--

(i) as to the payment by the applicant to the consent authority of the cost of carrying out the work, and

(ii) as to when the work will be completed by the consent authority, or

(c) agreement has been reached between the applicant for the certificate and the consent authority--

(i) as to the security to be given by the applicant to the consent authority with respect to the work to be completed, and

(ii) as to when the work will be completed by the applicant,

and such other requirements as are required by the regulations to be complied with before such a certificate may be issued have been complied with.

(3) Subsection (2) does not prevent the issue of a subdivision certificate for part only of land that may be subdivided in accordance with a development consent as long as the requirements of that subsection have been complied with in relation to that part.