SUBDIVISION ACT 1988 - SECT 11 Council may consent to the amendment of a certified plan

SUBDIVISION ACT 1988 - SECT 11

    (1)     The owner or a person with the consent of the owner or an acquiring authority may apply to the Council to amend a certified plan.

    (2)     The Council must refer the application to any referral authority referred to in section 8 within the prescribed time, unless the application is made by an acquiring authority.

S. 11(2A) inserted by No. 48/1991 s. 9(1).

    (2A)     The Council does not have to refer an application to amend a certified plan to a referral authority if it considers that the amendment is minor and is unlikely to affect the interests of the authority.

    (3)     The referral authority must inform the Council that it—

        (a)     consents to the amendment; or

        (b)     requires alterations to ensure that the plan conforms with any requirements it made when it consented to the plan; or

        (c)     refuses to consent—

within the prescribed time, giving its reasons for the refusal or the alteration.

    (4)     If the referral authority does not reply within the prescribed time or fails to give written reasons, it consents to the amendment.

    (5)     If a referral authority requires an alteration to a plan, the time permitted for consideration of the plan is suspended until the altered plan is submitted.

    (6)     If a plan contains all the alterations required by a referral authority, the authority cannot require any further alterations or refuse to consent to the plan.

    (7)     The Council must—

        (a)     re-certify the amended plan or certify a new plan; or

        (b)     advise the person who made the application to amend the certified plan in writing of the reasons for refusing to do so—

within the prescribed time.

    (8)     If a new plan is submitted for certification the existing certified plan must be given to the Council.

    (9)     The certification or re-certification of a plan under subsection (7) does not extend the period specified in section 7.

    (10)     If the plan was prepared by a licensed surveyor the Council must notify the surveyor of an amendment applied for by an acquiring authority.

S. 11(11) inserted by No. 48/1991 s. 9(2).

    (11)     As soon as possible after re-certifying an amended plan where the amendment was not referred to a referral authority, the Council must give a copy of the re-certified plan to the referral authority.

S. 11A inserted by No. 47/1989 s. 7(2).