NSW

The Technology & Construction List is administered by the Equity Division of the Supreme Court and is a list designed to administer construction litigation matters.

Section 88K of the Conveyancing Act 1919 (NSW) provides that the court has the power to make an order imposing an easement over land where that easement is reasonably necessary for the effective use and development of other land. The court must be satisfied before making such an order that the easement is in the public interest, that the owner of the land subject to the easement can be adequately compensated, and that all reasonable attempts have been made to obtain the easement by consent have been unsuccessful.

Section 94 of the Environmental Planning and Assessment Act 1979 (NSW) states that where a development will or is likely to require the provision of or increase the demand for public amenities and services within the area of the development, the Consent Authority may impose a condition of Development Consent requiring that land be dedicated to the Consent Authority free of cost and/or the payment of a monetary contribution so as to provide the services required. The Consent Authority may also accept the provision of a material public benefit in satisfaction of the requirement for a monetary contribution. An example may be the provision of public roads through a previously undeveloped area. The Consent Authority is to hold any monetary contribution paid under a Section 94 Contribution for the purpose for which the payment was required, and apply the money towards those services in a reasonable time and in a manner as will meet the increased demand.

Section 96 of the Environmental Planning and Assessment Act 1979 (NSW) provides for the modification of Development Consents. Where the modifications sought are minor (such as correcting a miscalculation or a misdescription), a Section 96 Modification can be granted without consulting other authorities or notifying the public of the application. Where, however, a Section 96 Application seeks to modify the Development Consent in a substantive manner, the Consent Authority must be satisfied that the modified development is substantially the same development as that originally consented to, must consult with the relevant Minister, public authority and approval body where necessary, and must give public notice of the application and consider any submissions made accordingly.

SEPP 32 promotes the use and development of land by enabling urban land which is no longer required for the purpose for which it is currently zoned or used to be redeveloped for multi-unit housing and related development. It also implements a policy of urban consolidation.

Subdivision of land means the division of land into two or more parts that would be then adapted for separate occupation, use or disposition. The subdivision is effected by a conveyance, transfer or partition of land, or any agreement, dealing plan or instrument that has the effect of rendering different parts of the land available for separate occupation, use or disposition.

A Regional Environmental Plan was a type of Environmental Planning Instrument made by the Minister of Planning in relation to a defined region of NSW. REPs are no longer contemplated by the Environmental Planning and Assessment Act 1979 (NSW) and any remaining are considered to be State Environmental Planning Policies under savings and transitional provisions.

Issued by a relevant local council in respect of a parcel of land. The certificate sets out those planning considerations which apply to the land, including the names of the applicable Environmental Planning Instruments and Development Control Plans, the zoning and land use controls, whether the land is subject to any coastal protection or mine subsidence controls, whether the land has been reserved for compulsory acquisition, whether it is bush fire prone land or contaminated land, and whether or not it is subject to any road widening or realignment (section 149 Environmental Planning and Assessment Act 1979 (NSW)).

Under the City of Sydney Act 1988 (NSW), construction projects to be carried out within a defined area of the City of Sydney and that have a total development cost that exceeds $200,000, incur a compulsory 'contribution' levy of one percent of that cost. The contribution is payable to the City of Sydney.

Those major projects approved under Part 3A of the Environmental Planning and Assessment Act 1979 (NSW) which was repealed in July 2011. Part 3A provided for a separate approval process for major projects and projects of regional and state significance. The Part 3A process has now been largely replaced by the State Significant Infrastructure and State Significant Development provisions of the Environmental Planning and Assessment Act 1979 (NSW). Savings and transitional provisions continue to apply to some Part 3A projects so that they can continue to be relied upon.