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 here.

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:

subdivision works means works for the following purposes:

(a) roads,

(b) water supply, sewerage services and drainage,

(c) telecommunications,

(d) electricity supply,

(e) any other purpose prescribed by the regulations for the purposes of this definition.

[emphasis added].

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:

(1) For the purposes of the definition of subdivision works in Schedule 5 to the Act, works for the following purposes prescribed

(a) gas supply,

(b) remediation of contaminated land,

(c) demolition of a building or work if the demolition is required to carry out other subdivision works.

(2) 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 Land.

IMPLICATIONS 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.