Definitions of 'Subdivision' are set out in section 6.2 Environmental Planning and Assessment Act 1979 and s.195(1) Conveyancing Act 1919. The powers and responsibilities of a Consent Authority are set out in section 6.5(3) Environmental Planning and Assessment Act 1979.
It is the policy of NSW LRS that any plan that creates new boundaries for separate use or occupation constitutes a subdivision of the existing parcel. In this regard a 'Plan of Subdivision' includes any plan which:
- shows the division of an existing lot or lots into 2 or more new lots
- dedicates an existing lot as public road under s.9 Roads Act 1993 or as public reserve or drainage reserve under s.49Local Government Act 1993
- dedicates new road and/or road widening to the public, with a residue parcel
- shows a subdivision for lease purposes unless the plan is accompanied by a statutory declaration to the effect that the plan will not be used for a lease where the term, including any option of renewal, will exceed 5 years
- shows a subdivision for lease of a caravan park or mobile home estate under s.23H Conveyancing Act 1919
- shows the acquisition of parcels where the land is already owned by the resuming authority
- shows the division of land held under perpetual lease, including a Western Division Perpetual Leasehold title
- shows any other division of the existing parcel(s) into 2 or more new parcels.
The plan purpose in the Subdivision Certificate must be 'Subdivision' or 'New Road'. Any other purpose will attract a requisition by NSW LRS. However, the plan heading panel may be more descriptive of the plan purpose and refer to 'Subdivision of .....for Leasehold Purposes' or similar description.
The towns of Silverton, Taltingan, Milparinka and Tibooburra located within the Unincorporated area of the Western Division have no local council. Authority for these towns lies with the Far West Region Office of Crown Lands. A subdivision certificate is not required for these areas unless the parcel(s) of land subject to the proposed subdivision is subject to an existing Crown Lease.
'Boundary Adjustment' plans (other than those referred to in the Community Land Development Act 1989) may not require development approval by a consent authority, however, a council or certifier is obliged to complete a 'Subdivision Certificate' evidencing the plan was considered and accepted as to the new boundaries. The reason for the plans acceptance as 'boundary adjustment' subdivision is not required.