Environmental Planning and Assessment Act 1979

The Minister may, by order published in the Gazette—

declare specified land to be subdivision land, and

specify the relevant authority for the subdivision land, and

specify the purpose for which the order is made (the planning purpose), and

specify the functions (if any) under this Schedule conferred on the relevant authority, and

specify the conditions (if any) to which the exercise of those functions are subject, and

specify the subdivision works (if any) to be undertaken by the relevant authority in respect of the subdivision land.

The Minister may make a subdivision order only if—

the Minister is of the opinion that it is desirable to do so to promote and co-ordinate the orderly and economic use and development of the land affected by the order, and

the land has been subdivided and is held by more than one owner and the Minister is satisfied that the land is land for which no provision or inadequate provision has been made for subdivision works, and

that land is subject to an environmental planning instrument, or a planning proposal, that will facilitate the proposed planning purpose, and

the Minister has consulted with the proposed relevant authority, any other Minister responsible for that authority and the council of the area in which that land is situated, and

the Minister is satisfied that a development plan for that land has been prepared by the relevant authority in accordance with this Schedule, and

the Minister has considered any provisions of the development plan that modify or disapply the provisions of Division 4 of Part 3 of the Land Acquisition (Just Terms Compensation) Act 1991, and

at least 60% of the total number of owners of that land, and the owners of at least 60% of the total area of that land, have consented to the proposed development plan.

For the purposes of subclause (2)(b) and (g), 2 or more owners of the same lot are to be treated as one owner.

The Minister may repeal a subdivision order only if the Minister—

has consulted with the relevant authority for the subdivision land and the council of the area in which the land is situated, and

is satisfied that notice of the proposed repeal has been given to the owners of the land subject to the order in the manner prescribed by the regulations.

Subclause (2)(g) does not apply to an order amending a subdivision order.