(cf clause 79R of EP[#38]A Regulation 1994)
(1) An application for a subdivision certificate must--(a) be in the form that is approved by the Planning Secretary and made available on the NSW planning portal, and(b) contain all of the information that is specified in the approved form or required by the Act and this Regulation, and(c) be lodged on the NSW planning portal.
(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,(g1) for subdivision of land to which water or sewerage services are to be provided under the Water Industry Competition Act 2006 , the applicant has obtained a certificate of compliance under that Act for the subdivision,(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 of the owner of that land.
(3) The consent of an owner under this clause is not required to be in writing.
(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) The applicant must be notified, by means of the NSW planning portal, that the application for a subdivision certificate has been lodged.
(6) In this clause--
"water supply authority" means--(a) the Sydney Water Corporation, the Hunter Water Corporation or a water supply authority within the meaning of the Water Management Act 2000 , or(b) a council or county council exercising water supply, sewerage or stormwater drainage functions under the Local Government Act 1993 , Chapter 6, Part 3, Division 2.