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Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
54Application for subdivision certificate—the Act, s 6.33(1)
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#### 54 Application for subdivision certificate—the Act, s 6.33(1)
54 Application for subdivision certificate—the Act, s 6.33(1)
> > (1) An application for a subdivision certificate must—
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> > > (a) be in the approved form, and
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> > > (b) include all the information and documents specified in the approved form or required by the Act or this Regulation, and
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> > > (c) be lodged on the NSW planning portal.
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> > (2) The application must be accompanied by the following documents—
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> > > (a) a plan of subdivision,
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> > > (b) a copy of the relevant development consent,
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> > > (c) a copy of a relevant subdivision works certificate,
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> > > (d) a copy of detailed subdivision engineering plans,
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> > > (e) for a deferred commencement consent—evidence the applicant has satisfied the consent authority of all matters of which the consent authority must be satisfied before the consent can operate,
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> > > (f) evidence the applicant has complied with all conditions of consent that it must comply with before a subdivision certificate can be issued, if relevant,
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> > > (g) a copy of a certificate of compliance from the relevant water supply authority, if relevant,
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> > > (h) for subdivision of land to which water or sewerage services will be provided under the [Water Industry Competition Act 2006](/view/html/inforce/current/act-2006-104)—a copy of a certificate of compliance under that Act for the development,
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> > > (i) for subdivision that is subject to an order of the Court under the [Land and Environment Court Act 1979](/view/html/inforce/current/act-1979-204), section 40—evidence the required drainage easements have been acquired by the relevant council,
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> > > (j) for subdivision involving subdivision work—evidence of the matters specified in the Act, section 6.15(2).
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> > (3) The application may only be made by—
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> > > (a) the owner of the land to which the application relates, or
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> > > (b) another person, with the written consent of the owner of that land.
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> > (4) (Repealed)
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> > (5) The plan of subdivision to which the application relates must be accompanied by a survey certificate on the plan in the form required under the [Surveying and Spatial Information Act 2002](/view/html/inforce/current/act-2002-083).
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> > (6) The certifier for the development must notify the applicant through the NSW planning portal that the application has been lodged.
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> > Maximum penalty (subsection (6))—
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> > > (a) for a corporation—100 penalty units, or
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> > > (b) for an individual—50 penalty units.
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> > (7) In this section—
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> > water supply authority means—
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> > > (a) the Sydney Water Corporation, the Hunter Water Corporation or a water supply authority within the meaning of the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), or
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> > > (b) a council or county council exercising water supply, sewerage or stormwater drainage functions under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), Chapter 6, Part 3, Division 2.
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> **s 54:** Am 2025 (17), Sch 1\[5\] \[6\].