4Requirements as to subdivisions

4 Requirements as to subdivisions

4 Requirements as to subdivisions

A subdivision complies with the provisions of this Part if, at the time of the sale—

(a)

(i) the land comprised in the subdivision is under the provisions of the Real Property Act 1900, or

(ii) (Repealed)

(iii) although the land comprised in the subdivision is not under the provisions of the Real Property Act 1900, a plan of such subdivision has, before the commencement of this Act, been registered in the office of the Registrar-General, and

(b) the boundaries of the various lots in the subdivision follow the boundaries shown in a plan of subdivision that is endorsed with a subdivision certificate within the meaning of section 109C of the Environmental Planning and Assessment Act 1979, and

(b1) in the case of a subdivision that requires development consent under the Environmental Planning and Assessment Act 1979, such a consent is in force, and

(c) a trustee holds office under a trust deed that—

(i) relates to the subdivision,

(ii) complies with the provisions of this Part, and

(iii) has endorsed on it in writing the Minister’s approval of the trust deed and the trustee appointed thereby.

Any approval referred to in paragraph (c) may be given subject to such terms and conditions as the Minister thinks fit.

s 4: Am 1978 No 2, Sch 1 (6) (c) (8); 1997 No 152, Sch 4.19 [2]; 2021 No 10, Sch 3.16[1] [2].