The objectives of these Regulations are—
to prescribe time limits for things done under the Subdivision Act 1988; and
to prescribe forms authorised by that Act; and
to provide for procedures relating to the certification of plans; and
to require Councils to maintain a register of applications made under that Act; and
to provide for other matters authorised by that Act.
These Regulations are made under section 43 of the Subdivision Act 1988.
These Regulations come into operation on 3 October 2021.
The Subdivision (Procedures) Regulations 2011[1] are revoked.
In these Regulations—
concurrent permit application means an application for a permit that is made at the same time as an application to have a plan certified or to amend a certified plan;
general plan means any plan made under the Act that is not a procedural plan;
procedural plan means—
any plan made under the Act which does not require a planning permit; or
any plan made under the Act which requires a planning permit but is exempt from the referral requirements of the planning scheme—
but does not include a plan made under the Act which a Council must refer to a referral authority under section 8(1)(b) of the Act;
public open space requirement means a requirement under section 18 or 18A of the Act to set aside public open space, pay money or do both;
the Act means the Subdivision Act 1988.
For the purposes of section 5(3)(c) of the Act, the prescribed form for an application is Form 1 in Schedule 1.
Subject to regulation 34, for the purposes of section 6(1) of the Act, the prescribed time is—
in the case of a procedural plan, 14 days from the date on which the Council received the plan; or
in the case of a general plan that is not referred to a referral authority, 21 days from the date on which the Council received the plan; or
in the case of a general plan that is referred to a referral authority, 49 days from the date on which the Council received the plan.
Note
If a referral authority requires a specified alteration to a plan under section 9(1) of the Act or if a Council requires an alteration to a plan under section 10(1) of the Act, the time for consideration of the plan is suspended until the altered plan is submitted to the Council (see sections 9(4) and 10(3) of the Act).
The prescribed form for the certification under section 6(1) of the Act of a plan—
in relation to which a statement of compliance is not issued under section 21(1) of the Act concurrently with certification because the Council is not satisfied that the requirements of section 21(1)(b) of the Act are met; and
that was not submitted by an acquiring authority under section 35 of the Act—
is Form 2 in Schedule 1.
The prescribed form for the certification under section 6(1) of the Act of a plan—
in relation to which a statement of compliance is issued under section 21(1) of the Act concurrently with certification; and
that was not submitted by an acquiring authority under section 35 of the Act—
is Form 3 in Schedule 1.
The prescribed form for the certification under section 6(1) of the Act of a plan that was submitted by an acquiring authority under section 35 of the Act is—
if the plan does not create additional lots[2], Form 4 in Schedule 1 containing items A, B and D; or
if the plan creates additional lots and a statement of compliance is not issued concurrently with the certification of the plan, Form 4 in Schedule 1 containing items C and D; or
if the plan creates additional lots and the plan is to be certified concurrently with the issue of a statement of compliance, Form 4 in Schedule 1 containing items C, D and G.
When a Council certifies a plan of subdivision or consolidation under section 6(1) of the Act, the Council must give the applicant the street address and lot location of each lot on the plan, in the manner approved by the Registrar.
Subject to regulation 34, for the purposes of section 6(2) of the Act, the prescribed time is 49 days from the date on which the Council received the plan.
Showing the first 12 of 47 provisions. See all provisions