On 8 March 2013 the Environmental Planning and
Assessment Amendment (Paper Subdivisions) Regulation 2013 and
corresponding paper subdivision provisions now contained in
Schedule 5 of the Environmental Planning and Assessment Act
1979 (EPA Act) (PS Amendments) commenced. For more information
on the PS Amendments see our Corrs in Brief
A further addition to the PS Amendments, the Environmental
Planning and Assessment Amendment (Subdivision Works) Regulation
2014 (SW Amendment), commenced on 24 April 2014.
The SW Amendment broadens the definition of "subdivision
works" under Schedule 5 of the EPA Act. The definition of
"subdivision works" reads as follows:
works means works for the following purposes:
water supply, sewerage services and drainage,
any other purpose prescribed by the regulations for
the purposes of this definition.
The SW Amendment inserts clause 268YA into Part 16C of the
Environmental Planning and Assessment Regulation 2000 ,
which prescribes certain work to be "subdivision works"
in accordance with subsection (e) of the definition.
Clause 268YA reads as follows:
For the purposes of the definition of subdivision
works in Schedule 5 to the Act, works for the following
purposes are prescribed:
remediation of contaminated land,
demolition of a building or work if the demolition is
required to carry out other subdivision works.
In this clause:
contaminated land has the same meaning as
in Part 7A of the Act. remediation has the same meaning as in State
Environmental Planning Policy No 55—Remediation of
IMPLICATION OF THE SW AMENDMENT
The SW Amendment enables work to install gas supply lines,
remediate contaminated land and demolish building and other works
where such works are to be included in the Development Plan as
"subdivision works". The effect of this amendment is to
broaden the definition of "subdivision works" so that the
relevant authority now has power under the Subdivision Order to
carry out these works, which are necessary to properly develop and
service land in paper subdivisions.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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