Posted on March 12, 2013 by Frances Tse
Commencement of ‘paper subdivisions’ provisions
Further to our post on 10 February 2012 on ‘paper subdivisions’ which can be found here, the changes to the Environmental Planning and Assessment Act 1979 (EPA Act) and the Environmental Planning and Assessment Regulation 2000 (EPA Reg) in relation to ‘paper subdivisions’ commenced on 8 March 2013.
The amendments to the EPA Act are as described in our previous post with minor changes relating to the additional power of the Minister to repeal a subdivision order, additional provisions in respect of ‘development plan costs’ and what the EPA Reg can cover in respect of ‘paper subdivisions’.
Amendments to the EPA Reg are also mostly identical to the draft amendments released for consultation in February 2012. The key change is the addition of cl92(1)(c) to the EPA Reg which requires a consent authority, when determining a development application under s79C of the EPA act, to take into consideration the provisions of a subdivision order made by the Minister under Schedule 5 of the EPA Act and any development plan prepared under that Schedule, if the development application is for the carrying out of development on land that is subject to a subdivision order.