Conveyancing (Sale of Land) Amendment (Planning Certificates) Regulation 2009 (NSW)

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2009 No 114

New South Wales

Conveyancing (Sale of Land)

Amendment (Planning Certificates)

Regulation 2009

under the

Conveyancing Act 1919

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Conveyancing Act 1919.

ANTHONY KELLY, MLC

Minister for Lands

Explanatory note
Currently, the Conveyancing (Sale of Land) Regulation 2005 defines section 149 certificate as being a certificate issued under section 149 (2) of the Environmental Planning and Assessment Act 1979 and provides that such a certificate is a prescribed document that must be attached to a contract for the sale of land.
On 27 February 2009, clause 279 of the Environmental Planning and Assessment Regulation 2000 was amended to provide for the issue of a limited section 149 certificate containing only information relating to complying development.

The object of this Regulation is to make it clear that such a certificate is not a section 149 section 202 (the general regulation-making power).

certificate for the purposes of the Conveyancing (Sale of Land) Regulation 2005.

Published LW 3 April 2009 Page 1
2009 No 114 Conveyancing (Sale of Land) Amendment (Planning Certificates)
Clause 1 Regulation 2009

Conveyancing (Sale of Land) Amendment (Planning

Certificates) Regulation 2009

under the

Conveyancing Act 1919

1      Name of Regulation

This Regulation is the Conveyancing (Sale of Land) Amendment
(Planning Certificates) Regulation 2009.

2      Commencement

This Regulation takes effect on the day on which it is published on the
NSW legislation website.

3 Amendment of Conveyancing (Sale of Land) Regulation 2005

Clause 3 Definitions

Insert “, but does not include a certificate referred to in clause 279 (2) of the Environmental Planning and Assessment Regulation 2000” after “Environmental Planning and Assessment Act 1979” in the definition of section 149 certificate in clause 3 (1).

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