Div 7Certificate in respect of division of land

Division 7—Certificate in respect of division of land 86—Exclusion from requirement to obtain a certificate1 In accordance with section 138(1) of the Act, a certificate in respect of the division of land is not required if the division comprises a lease or licence to occupy part only of an allotment. 1 A certificate is also not required in a case involving a Crown development approved by the Minister under section 131 of the Act (see section 131(24)). 87—General land division (1) In accordance with section 138(1) of the Act, the Commission may issue a certificate under that section notwithstanding that the requirements under Division 6 have not been fully satisfied if the council advises the Commission— (a) that the applicant has entered into a binding arrangement with the council for the satisfaction of those requirements (other than a requirement under regulation 84(5)) and that the arrangement is supported by adequate security; and (b) in a case where a requirement under regulation 84(5) has not been fully satisfied—that the applicant has entered into a binding arrangement with the appropriate electricity authority for the satisfaction of the requirement and that the arrangement is supported by adequate security. (2) In accordance with section 138(1) of the Act, the Commission may issue a certificate under that section notwithstanding that the requirements of the relevant responsible Minister relating to the provision of water supply and sewerage services have not been fully satisfied if that Minister advises the Commission that the applicant has entered into a binding arrangement with the Minister for the satisfaction of those requirements and that the arrangement is supported by adequate security. (3) A document approved by the Minister for the purposes of this regulation by notice published on the SA planning portal (and any alterations or amendments to any such document approved by the Minister from time to time by notice published on the SA planning portal) is recognised as a model for binding arrangements under subregulation (1) or (2), and an agreement that conforms with any such model will, to the extent that the agreement provides for the matters referred to in section 102(1)(c) of the Act, be taken to be a sufficient agreement, and to provide adequate security, for the purposes of section 138(1) of the Act in its applications to the division of the land. electricity authority means a person who holds a licence under the Electricity Act 1996 authorising the operation of a transmission or distribution network or a person exempted from the requirement to hold such a licence. 88—Division of land by community title or strata title (1) In accordance with section 138(1) of the Act, the Commission may issue a certificate under that section in relation to— (a) the division of land by community plan (including a strata plan) under the Community Titles Act 1996 notwithstanding that— (i) the condition prescribed by regulation 85A has not been satisfied; or (ii) the requirements of section 102(1)(d) of the Act have not been fully satisfied; or (b) the division of land by strata plan under the Strata Titles Act 1988 notwithstanding that the requirements of section 102(1)(d) of the Act have not been fully satisfied, if the council advises the Commission that the applicant has entered into a binding arrangement with the council for the satisfaction of that condition or those requirements (as the case requires) and that the arrangement is supported by adequate security. (2) A document approved by the Minister from time to time by notice published on the SA planning portal (and any alterations or amendments to any such document approved by the Minister from time to time by notice published on the SA planning portal), is recognised as a model for binding arrangements under subregulation (1) (insofar as they are relevant to the particular kind of community plan or strata plan), and an agreement that conforms with any such model will, to the extent that the agreement provides for the matters referred to in regulation 85A or section 102(1)(d) of the Act (as the case requires), be taken to be a sufficient agreement, and to provide adequate security, for the purposes of section 138(1) of the Act in its application to the division of land by community plan or strata plan under the Community Titles Act 1996 or the Strata Titles Act 1988 (as the case requires). (3) The security supporting a binding arrangement entered into by an applicant under this regulation may be held by the council or another entity. (4) The entity (whether the council or another entity) holding the security supporting a binding arrangement entered into by an applicant under this regulation must return the security to the applicant as soon as reasonably practicable after its return is requested by the applicant if— (a) the council is satisfied that the condition or requirement in relation to which the arrangement was entered into has been satisfied; and (b) the security has not been transferred to the relevant community corporation or strata corporation in accordance with subregulation (5). (5) If a condition or requirement in relation to which a binding arrangement was entered into has not been satisfied before the end of the developer control period, the entity (whether the council or another entity) holding the security supporting the arrangement may, after the developer control period, transfer the security to the relevant community corporation or strata corporation for the purposes of the corporation using that amount to satisfy the condition or requirement. (6) In this regulation— developer control period, in relation to a community corporation, has the same meaning as in section 142B of the Community Titles Act 1996; developer control period, in relation to a strata corporation, means a period during which— (a) the strata corporation is constituted solely by the original registered proprietor; or (b) the original registered proprietor owns the majority of units in the strata scheme or in any other way controls the voting of the corporation; original registered proprietor, strata scheme and unit have the same respective meanings as in the Strata Titles Act 1988. 89—General provisions (1) The approval of a model for binding arrangements by the Minister under this Division does not limit the ability of an applicant to enter into any other form of arrangement, to the satisfaction of the Commission and the relevant council, for the purposes of section 138(1) of the Act. (2) In addition to the requirements of section 138(1) of the Act, the Commission must not issue a certificate on an application under this Division unless the Commission is satisfied— (a) that any relevant development authorisation under the Act has not lapsed; and (b) that the amount required under the open space contribution scheme under section 198 of the Act (if any) has been paid; and (c) in the case of an application to which Schedule 8 clause 2A applies where remediation on the site to which the application relates is necessary but the required remediation has not been undertaken—that a statement of site suitability is issued certifying that the required remediation has been undertaken and the land is suitable for the proposed use. (3) A certificate under section 138 of the Act must— (i) be in the form of Schedule 12 and accompanied by a copy of the final approved land division plan, prepared in accordance with Schedule 8, signed and dated by a duly authorised officer of the Commission, and bearing the certification approved by the Commission for the purposes of this subparagraph; or (ii) be in the form of a notation on a copy of the final approved land division plan and signed and dated by a duly authorised officer of the Commission; and (b) in the case of a certificate for the division of land by community plan under the Community Titles Act 1996 or by strata plan under the Strata Titles Act 1988, incorporate, or be accompanied by, a certificate in a form approved by the Registrar‑General from the relevant council (if any) which— (i) evidences any necessary consent of the council to an encroachment by a building over other land; and (ii) sets out— (A) the date on which any relevant building was erected (if known); and (B) the postal address of the site. (4) Certificates may be issued under this Division for the division of land in stages, provided that the provisions of the Act and these regulations are complied with in relation to each stage. (5) For the purposes of subregulation (3)— (a) a certificate may be created and held as an electronic document; and (b) a signature of a duly authorised officer may be provided by an electronic method that indicates the officer's certification in a way that is reasonably reliable. (6) For the purposes of section 138(4) of the Act, a copy of the certificate and plan (or certificates and plans) referred to in subregulation (3) must be furnished to the relevant council— (a) by providing the council with electronic access to the relevant documents via the SA planning portal; or (b) at the request of the council (provided in such manner as may be determined by the Commission), by sending a written copy to the council. (7) A certificate lapses at the expiration of 12 months following its issue (unless lodged with the Registrar‑General under the Real Property Act 1886 before its expiration, or extended by the Commission in response to an application made prior to the lapse of the certificate). (8) The Commission must consult with the relevant council (if any) before it grants an extension of the period prescribed by subregulation (7). (9) For the purposes of subregulation (7), a certificate will be taken to have been lodged with the Registrar‑General if the Registrar‑General has been provided with electronic access to the certificate via the SA planning portal under a scheme agreed between the Registrar‑General and the Commission in connection with the operation of this regulation.