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.

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.

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.

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.

A range of certificates that are granted by a Consent Authority or accredited certifier under Part 4A of the Environmental Planning and Assessment Act 1979 (NSW). A 'subdivision certificate' authorises the registration of subdivision plans, an 'occupation certificate' allows the occupation or change of use of a building upon completion of building works, a 'construction certificate' certifies that plans for construction have been carried out in accordance with the Development Consent and the Building Code of Australia, and a 'compliance certificate' certifies that work complies with particular plans, conditions and standards.

If an Environmental Planning Instrument provides that a Development Consent is not required for a particular type of development, and the development requires some authorisation by a public authority in order to be carried out, then the activity should be assessed in accordance with Part 5 of the Environmental Planning and Assessment Act 1979 (NSW). A Part 5 Environmental Assessment requires a determining authority to take into account the environment to the 'fullest extent possible'. This includes where the proponent of the works is a public authority. An example is a ports authority carrying out certain low impact works which do not require Development Consent. The relevant Minister or public authority for these types of proposals must still have regard to the environmental impact of the proposal. If any proposal is likely to have a significant effect on the environment, an Environmental Impact Statement must be prepared and the public must be given an opportunity to make submissions prior to the activity taking place.

As defined by the Building and Construction Industry Security of Payment Act 1999 (NSW), a provision of a construction contract that makes the liability to pay money owing, or the due date for payment of money owing, contingent or dependent on the payment by a third party. A pay when paid provision of a construction contract has no effect in relation to any payment for construction work carried out or undertaken to be carried out (or for related goods and services supplied or undertaken to be supplied) under the contract.