New South Wales Consolidated Acts

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 28B

28B Obligations of consent authorities

(1) A consent authority must not, at the same time, grant development consent for the subdivision of land by a strata plan and the subsequent subdivision of a lot in that plan by a strata plan of subdivision unless:

(a) the lot intended to be subdivided is identified in the proposed strata plan as a development lot, and

(b) the development application is accompanied by a proposed strata development contract.

(2) When a consent authority grants such a consent, it must certify in the approved form that carrying out the permitted development would not contravene:

(a) any condition subject to which the consent was granted, or

(b) the provisions of any environmental planning instrument that were in force when the consent was granted, except to the extent (if any) specified in the certificate.

(3) A development consent that purports to have been granted in contravention of this section is invalid.