A plan of subdivision, other than one lodged by the Commonwealth, cannot be registered in NSW LRS unless it has a subdivision certificate issued under the provisions of the Local Government Act 1919 (dated prior to 1.7.1998) or section 109J Environmental Planning and Assessment Act 1979 (dated after 1.7.1998) see 195C(1)(e) Conveyancing Act 1919. This applies to all land in NSW irrespective of whether it is:
- owned by a government or statutory authority or by a private person
- held as Torrens title, Old System or Crown title
- held under a perpetual lease including a Western Division Perpetual Leasehold title.
This requirement includes government and statutory authorities that traditionally did not require Council's consent to their plans.
The Administration Sheet of a new deposited plan must incorporate a Subdivision Certificate pursuant to section 109J Environmental Planning and Assessment Act 1979.
The commencement of
A subdivision certificate may be issued by:
- a consent authority - where the subdivision has development consent
- the council - where the subdivision does not need development consent or where the council is itself the consent authority
- the Crown or prescribed person (or any person acting on their behalf) - where the subdivision is carried out by or on behalf of the Crown or the prescribed person
- a registered certifier - where the subdivision is identified in an environmental planning instrument as one which may be authorised by a registered certifier see section 6.5(3) Environmental Planning and Assessment Act 1979.
A certifying authority must be satisfied as to the matters specified in section 109J Environmental Planning and Assessment Act 1979, before issuing a subdivision certificate.
Signing the certificate
The subdivision certificate must be completed with the following information:
- The signatory to the certificate must qualify their authority by striking out the inappropriate titles directly under their signature. The signatory must be:
- an authorised person of the consent authority, which issued the development consent
- an authorised officer of the local council
- an authorised officer of the Crown being an officer of the government department or statutory authority whose enabling Act includes the right to own and deal with Crown Land, or
- an registered certifier.
- The identity of the authority must be stated, e.g. Council, Rail Corporation New South Wales (RailCorp), Sydney Water, Roads and Maritime Services, Land and Housing Corporation of NSW etc. If signed by a Registered Certifier they will write 'Registered Certifier' in this space.
- All certifiers must include their Accreditation/Certification number.
- The file number given to the application by a council, government authority or registered certifier must be shown. This includes any internal file number utilised by a Crown authority.
All subdivision certificates must be signed pursuant to section 109J until commencement of section 6.15 on 1 September 2019 see Part 2 C(18.2) Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017.
Old plan forms
If a new subdivision plan has been prepared on a superseded plan form incorporating a Council Certificate panel it will be accepted for lodgment in NSW LRS provided written evidence from the council or consent authority is supplied indicating that either:
- the plan was executed under section 109J Environmental Planning and Assessment Act 1979, or
- development consent was granted on or before 30 June 1998.
A statement will be added to the plan.
EVIDENCE THAT THE ORIGINAL DEVELOPMENT CONSENT WAS GRANTED ON OR BEFORE 30 JUNE 1998 PRODUCED
An old plan that was prepared, signed and dated by a registered surveyor and consented to, signed and dated by a local council under prior legislation may be accepted for lodgment provided it conforms with legislative requirements that were in place at the time the plan was prepared.