SUBDIVISION ACT 1988 - SECT 8 When must the Council refer a plan to a referral authority?

SUBDIVISION ACT 1988 - SECT 8

    (1)     The Council must refer a plan to a referral authority within the prescribed time—

S. 8(1)(a) amended by No. 47/1989 s. 7(1)(a).

        (a)     if this is required by the planning scheme or the permit, unless—

              (i)     the plan is of a class exempted from the referral requirement by the planning scheme or the regulations; or

              (ii)     the applicant gives the Council satisfactory evidence of the authority's consent dated not more than 3 months before the date on which the plan is submitted for certification; or

S. 8(1)(b) amended by No. 47/1989 s. 5(4)(f).

        (b)     if the authority is likely to have an interest in an easement or restriction which is to be created, varied or removed, unless the authority has agreed to the easement or restriction in connection with the planning scheme or permit or otherwise.

    (2)     The Council does not have to refer a plan to a referral authority if the plan is submitted by an acquiring authority under section 35 and shows acquired land without proposing to create additional lots.

S. 8(3) inserted by No. 47/1989 s. 7(1)(b).

    (3)     If a referral authority has required specified alterations to be made to a plan and a plan containing those alterations is submitted to the Council, the Council does not have to refer the altered plan to that referral authority.

S. 8(4) inserted by No. 48/1991 s. 8.

    (4)     The Council does not have to refer to a referral authority a plan under section 24A.

S. 8(5) inserted by No. 48/1991 s. 8.

    (5)     The Council does not have to refer again to a referral authority a plan which the Council has amended after referral, if the Council considers that the amendments are minor and are unlikely to affect the interests of the authority.

S. 8(6) inserted by No. 48/1991 s. 8.

    (6)     As soon as possible after certifying a plan that was not referred to a referral authority, the Council must give the authority a copy of the certified plan.