sec.31Approval of local government

sec.31 Approval of local government

A local government shall not approve a plan of subdivision lodged with it pursuant to section 30 unless it is satisfied that— each lot has access to a dedicated road outside the site directly or through the lot or lots that comprise the primary thoroughfare, on which there is, or is to be, a road; and in respect of land within a residential precinct, the aggregate of the maximum number of lots into which each lot within the precinct may be subdivided equals the number specified in respect of that precinct in the approved scheme. A local government shall not approve a plan of subdivision of land within the site unless— the plan includes the subdivision of the site into a lot or lots comprising the primary thoroughfare; or a plan of subdivision subdividing the site into a lot or lots comprising the primary thoroughfare has been approved by the local government. Upon compliance with the provisions of subsections (1) and (2) , the local government may approve of the plan of subdivision and of the schedule accompanying the plan. The approval of a plan of subdivision and of the schedule by the local government shall be by endorsement of its approval on the plan of subdivision and the schedule. For the purposes of subsection (1) (a) — if the site is on an island and there is no dedicated road adjoining the site—an initial lot is taken to have access to a dedicated road if the lot or the primary thoroughfare on which there is, or is to be, a road adjoins the foreshore; or if the site is remote and there is no dedicated road adjoining the site—an initial lot is taken to have access to a dedicated road if the Minister has advised the local government that the Minister is satisfied that there is appropriate access to the site. If an initial lot is taken to have access to a dedicated road under subsection (5) , a lot is also taken to have access to a dedicated road if created by the subdivision of— an initial lot; or a lot created by the subdivision of an initial lot. Subsection (6) has effect subject to the provisions of this Act that relate to access. s 31 amd 1993 No. 46 s 16 ; 2008 No. 5 s 36 (sec.31-ssec.1) A local government shall not approve a plan of subdivision lodged with it pursuant to section 30 unless it is satisfied that— each lot has access to a dedicated road outside the site directly or through the lot or lots that comprise the primary thoroughfare, on which there is, or is to be, a road; and in respect of land within a residential precinct, the aggregate of the maximum number of lots into which each lot within the precinct may be subdivided equals the number specified in respect of that precinct in the approved scheme. (sec.31-ssec.2) A local government shall not approve a plan of subdivision of land within the site unless— the plan includes the subdivision of the site into a lot or lots comprising the primary thoroughfare; or a plan of subdivision subdividing the site into a lot or lots comprising the primary thoroughfare has been approved by the local government. (sec.31-ssec.3) Upon compliance with the provisions of subsections (1) and (2) , the local government may approve of the plan of subdivision and of the schedule accompanying the plan. (sec.31-ssec.4) The approval of a plan of subdivision and of the schedule by the local government shall be by endorsement of its approval on the plan of subdivision and the schedule. (sec.31-ssec.5) For the purposes of subsection (1) (a) — if the site is on an island and there is no dedicated road adjoining the site—an initial lot is taken to have access to a dedicated road if the lot or the primary thoroughfare on which there is, or is to be, a road adjoins the foreshore; or if the site is remote and there is no dedicated road adjoining the site—an initial lot is taken to have access to a dedicated road if the Minister has advised the local government that the Minister is satisfied that there is appropriate access to the site. (sec.31-ssec.6) If an initial lot is taken to have access to a dedicated road under subsection (5) , a lot is also taken to have access to a dedicated road if created by the subdivision of— an initial lot; or a lot created by the subdivision of an initial lot. (sec.31-ssec.7) Subsection (6) has effect subject to the provisions of this Act that relate to access.