Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
56Determination of application for subdivision certificate—the Act, s 6.33(1)
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56 Determination of application for subdivision certificate—the Act, s 6.33(1)
56 Determination of application for subdivision certificate—the Act, s 6.33(1)
(1) A certifier must ensure the certifier’s determination of an application for a subdivision certificate contains the following information—
(a) the date on which the application was determined,
(b) whether the application is approved or refused,
(c) if the application is refused—
(i) the reasons for the refusal, and
(ii) if the certifier is a consent authority—the applicant’s right of appeal under the Act,
(d) the name of the certifier,
(e) if the certifier is a registered body corporate—the name of the individual who dealt with the application,
(f) if the certifier is a registered certifier—
(i) the registration number of the certifier, and
(ii) if the certifier is a registered body corporate—the registration number of the individual who dealt with the application,
(g) the signature of the individual who determined the application.
(2) Within 2 days after determining the application, the certifier must use the NSW planning portal to—
(a) give the determination to the applicant, and
(b) give a copy of the following to the consent authority and council—
(i) the determination,
(ii) the documents that were lodged with the application for the certificate,
(iii) if a subdivision certificate was issued—the endorsed plan of subdivision.
Maximum penalty (subsections (1) and (2))—
(a) for a corporation—300 penalty units, or
(b) for an individual—150 penalty units.
Note—
The form of a subdivision certificate is regulated under the Conveyancing Act 1919.