New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT (SAVINGS AND TRANSITIONAL) REGULATION 1998 - REG 9A

9A Conditions on subdivision arising from existing development consents

(1) This clause applies to subdivision authorised by:

(a) a development consent granted under the unamended EP&A Act 1979 before the appointed day, or

(b) a development consent granted under the unamended EP&A Act 1979 on or after the appointed day in response to a development application made under that Act before the appointed day,

referred to in this clause as the "original development consent".

(2) At any time before issuing a subdivision certificate under the amended EP&A Act 1979 for subdivision to which this clause applies, the consent authority by which the original development consent was granted may, by notice in writing given to the applicant for the certificate, impose such conditions on the development consent as it could have imposed on a subdivision approval under the unamended LG Act 1919.

(3) Conditions imposed under subclause (2):

(a) are not to deal with matters of a kind that, under the amended EP&A Act 1979 or the amended EP&A Regulation 1994, must be done before the subdivision certificate may be issued, and

(b) are to be additional to, but not inconsistent with, any other conditions to which the original development consent is subject.

(4) Conditions may not be imposed under this clause if conditions have been imposed under clause 49A in relation to the same subdivision.

(5) The amended EP&A Act 1979 applies to the consent authority’s determination to impose conditions on the original development consent under subclause (2) in the same way as it applies to a consent authority’s determination to impose conditions on a development consent under section 80A of that Act.

(6) Nothing in this section authorises the making of an appeal under section 97 of the amended EP&A Act 1979 in relation to any aspect of the development consent other than the conditions imposed under this clause.

(7) A subdivision certificate must not be issued under the amended EP&A Act 1979 in relation to subdivision to which this clause applies unless the certifying authority for the subdivision (which, by virtue of clause 30, will be a consent authority or council) is satisfied that all of the conditions of the original development consent in relation to the subdivision (including those imposed under subclause (2)) have been duly complied with.

(8) Subclause (7) does not apply to any condition that, according to its terms or by necessary implication from its content, does not have to be complied before a subdivision certificate is issued.

(9) This clause does not apply to or in respect of a subdivision the subject of a development consent that authorises or requires any work in the nature of subdivision work.