PLANNING AND ENVIRONMENT ACT 1987 - SECT 201RF Excluded subdivisions of land

PLANNING AND ENVIRONMENT ACT 1987 - SECT 201RF

For the purposes of this Part, a subdivision of land is an excluded subdivision of land if—

S. 201RF(a)(b) repealed by No. 66/2016 s. 9(a).

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S. 201RF(ba) inserted by No. 2/2012 s. 4.

(ba)     the purpose of the subdivision is solely to provide a lot for a school or a proposed school; or

        (c)     the subdivision is carried out by a public authority or a municipal council and no additional lots are created; or

        (d)     the subdivision is carried out by a public authority or a municipal council and the following apply—

              (i)     the subdivision has resulted in the creation of additional lots, some of which no longer have a right of access to an existing road; and

              (ii)     each additional lot created by the subdivision that has no right of access to a road is retained by the public authority or a municipal council or sold to the owner of abutting land on condition that the lot is consolidated with that land; or

S. 201RF(e) amended by No. 66/2016 s. 9(b).

        (e)     the purpose of the subdivision is solely to realign the common boundary between 2 lots and the area of either lot after the realignment is reduced by no more than 5% of its original area; or

Example

The realignment of boundaries to accord with existing fence lines.

S. 201RF(f) amended by No. 66/2016 s. 9(b).

        (f)     the purpose of the subdivision is solely to create a lot not exceeding 2 hectares for the purposes of excising an existing dwelling on the land; or

Example

A land owner subdivides a 40 hectare parcel of land with an existing house into 2 lots—one lot is 38 hectares in area and the other lot is 2 hectares in area and the house is situated on that smaller lot.

S. 201RF(g) amended by No. 66/2016 s. 9(b).

        (g)     the land to be subdivided is not wholly in the contribution area and the purpose of the subdivision is solely to create 2 lots, one lot being land entirely in the contribution area and the other lot being land that is not in the contribution area.

S. 201RG inserted by No. 23/2010 s. 9.