Local Government (General) Amendment (Section 337 Certificate) Regulations 2006 (TAS)

Local Government (General) Amendment (Section 337 Certificate) Regulations 2006

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Local Government Act 1993 .19 June 2006

W. J. E. COX

Governor

By His Excellency’s Command,

P. A. LENNON

Minister for Local Government and Community Development

1Short titleThese regulations may be cited as the Local Government (General) Amendment (Section 337 Certificate) Regulations 2006 . 2CommencementThese regulations take effect on the day on which section 156 of the Local Government Amendment Act 2005 commences. 3Principal RegulationsIn these regulations, the Local Government (General) Regulations 2005 are referred to as the Principal Regulations. 4Regulation 44A insertedAfter regulation 44 of the Principal Regulations , the following regulation is inserted in Part 4: 44ACouncil land information certificate For the purposes of section 337 of the Act – (a) the certificate is to be in accordance with Schedule 6 ; and (b) the prescribed questions are as specified in Schedule 7 . 5Schedule 3 amended (Fees) Schedule 3 to the Principal Regulations is amended by omitting item 1 and substituting:

1.  Application for a council land information certificate under section 337 of the Act 132.5 fee units

6Schedules 6 and 7 insertedAfter Schedule 5 to the Principal Regulations , the following Schedules are inserted: Schedule 6Council Land Information Certificate

Regulation 44A(a)

Schedule 7Questions

Regulation 44A(b)

PART 1Statutory Notices and Orders

Part 12 of the Local Government Act 1993
No.	Question	Answer
1.	Fencing and land repair notices under Division 2 of Part 12
(a) Has the council a record of having served a notice under Division 2 of Part 12 of the Act in relation to the specified land and the notice has not been satisfied?
(b) If YES to (a), provide particulars.
2.	Abatement notice under Division 6 of Part 12
(a) Has the council a record of having served an abatement notice on the owner under section 200 of the Act in relation to a nuisance affecting the specified land and the notice has not been satisfied?
(b) If YES to (a), has the council decided to take action to abate the nuisance at the owner’s expense?
(c) If YES to (b), provide particulars.
3.	Court order for abatement of nuisance
(a) Has the council a record showing that a nuisance still exists affecting the specified land in contravention of a Court order made under section 203 of the Act?
(b) If YES to (a), provide particulars.

Land Acquisition Act 1993
No.	Question	Answer
4.	Notice of acquisition
(a) Has the council a record of having served a notice to treat under Part 2 of the Act in relation to the proposed acquisition of the specified land or any part or interest in that land and the notice has not been withdrawn?
(b) If YES to (a), provide particulars.

PART 2Health and Environmental Matters

Public Health Act 1997
No.	Question	Answer
5.	Closure order
(a) Has the council a record of having served on the owner or occupier of the specified land a closure order or interim closure order, made under section 87 of the Act, in relation to the unsafe state of premises on the specified land for the purposes of human occupation or habitation and the order has not been satisfied?
(b) If YES to (a), provide particulars.
6.	Licences and registration
(a) Has the council a record of having issued a licence or certificate of registration under Part 5 (Premises) or Part 6 (Water) of the Act affecting premises on the specified land?
(b) If YES to (a), provide particulars.
7.	Rectification notice
(a) Has the council a record of having served a rectification notice under section 92 of the Act regarding the condition of premises on the specified land and the notice has not been satisfied?
(b) If YES to (a), provide particulars.

Food Act 2003
No.	Question	Answer
8.	Improvement notice
(a) Has the council a record of having issued an improvement notice under section 60 of the Act to the proprietor of a food business operating from premises on the specified land and the notice has not been satisfied?
(b) If YES to (a), provide particulars.
9.	Prohibition order
(a) Has the council a record of having served on the owner or occupier of the specified land a prohibition order under section 62 of the Act relating to the premises or equipment on the specified land and the order has not been satisfied?
(b) If YES to (a), provide particulars.

Environmental Management and Pollution Control Act 1994
No.	Question	Answer
10.	Environment protection notice
(a) Has the council a record of having issued an environment protection notice under section 44 of the Act in relation to an activity on the specified land involving actual or potential environmental harm as defined by that Act and the notice has not been satisfied?
(b) If YES to (a), provide particulars.

Burial and Cremation Act 2002
No.	Question	Answer
11.	Grave on private land
(a) Has the council a record of having given permission under section 41 of the Act for the interment of human remains in a grave on the specified land?
(b) If YES to (a), was the permission made subject to any conditions as to the location and identification of the grave and continuing access to that site, or for other measures to be taken on the specified land? Provide particulars.

PART 3Planning and Development

Land Use Planning and Approvals Act 1993
No.	Question	Answer
12.	Planning scheme or special planning order
(a) Is the specified land subject to a planning scheme or special planning order under the Act?
(b) If YES to (a), what is the name of the planning scheme or special planning order?
13.	Zoning
(a) What is the current zoning applicable to the specified land under that planning scheme or special planning order?
(b) Has the council a record of having initiated an amendment to the planning scheme under Part 3 of the Act that changes the current zoning –
(i) of the specified land; or
(ii) of land that adjoins the specified land (other than adjoining land in a neighbouring municipal area) –
and that amendment has not been determined?
(c) If YES to (b)(i) or (b)(ii), provide particulars.
14.	Planning restrictions
(a) Is there a special provision under the planning scheme or special planning order for a buffer zone or buffer area restriction affecting the specified land?
(b) If YES to (a), provide particulars.
15.	Building line or setback
(a) Has the council determined a building line or building setback under the planning scheme?
(b) If YES to (a), what is the building line or building setback applicable in relation to the specified land? Provide particulars.
16.	Planning permit
(a) In relation to the specified land, has the council a record of an application having been made for a permit, or a permit having been granted, under either section 57 or 58 of the Act?
(b) If YES to (a), provide particulars.
IMPORTANT:Prospective purchasers are advised that an application for a permit may have been made or a permit granted under section 57 or 58 of the Land Use Planning and Approvals Act 1993 in relation to land that adjoins the specified land. The grant of a permit in relation to land that adjoins the specified land may affect your use and enjoyment of the specified land. If you wish to know whether an application for a permit has been made or a permit has been granted in relation to land that adjoins the specified land you will need to contact the council. An application for this additional information is to be made separately to a section 337 certificate application and may attract a further fee or charge.
17.	Planning appeal
(a) Has the council a record of an appeal having been lodged under section 61 of the Act against the grant by the council of a permit in relation to the specified land and that appeal has not been determined?
(b) If YES to (a), provide particulars.
18.	Obstruction of sealed scheme
(a) Has the council a record of a person using or undertaking development on the specified land or doing any other act in relation to the specified land in contravention of section 63(2) of the Act?
(b) If YES to (a), has the council decided to take action to commence proceedings in relation to that offence?
19.	Civil enforcement proceedings
(a) Has the council a record of civil enforcement proceedings having been commenced in relation to the specified land under section 64 of the Act and those proceedings have not yet been determined?
(b) If YES to (a), provide particulars to identify the proceedings.
20.	Agreement under Part 5 of the Act
(a) Has the council a record of having entered into an agreement under Part 5 of the Act with the current owner or a previous owner of the specified land ?
(b) If YES to (a) and the agreement is not recorded on the certificate of title, provide particulars.

Historic Cultural Heritage Act 1995

IMPORTANT: If the specified land has historic cultural heritage significance and is listed on the Tasmanian Heritage Register, restrictions may be imposed on modifications that impact on the significant elements of the property and its heritage value. Approval for development must be sought from the Tasmanian Heritage Council which maintains the Register under the Historic Cultural Heritage Act 1995.

Further enquiries should be directed to Heritage Tasmania.

Mineral Resources Development Act 1995
No.	Question	Answer
21.	Notification of landslip status
(a) Has the council a record of having been notified by a State Agency that –
(i) the specified land is within a declared landslip area; or
(ii) an order is to be made, under Part 9A of the Act, that will apply to the specified land?
(b) If YES to (a)(i), what type of landslip area has been declared to apply to the specified land? Provide particulars.
(c) If YES to (a)(ii), what is the nature of the order to be made under Part 9A of the Act, applicable to the specified land? Provide particulars.
IMPORTANT: If "No" to question 21(a), it should be noted that there are only a small number of declared landslip areas in Tasmania. Although the specified land is not within a declared landslip area it may be prudent for the purchaser to consider whether the slope stability of the land will support the proposed use. If the specified land is on or adjacent to a slope, slope stability could be a hazard and it may be necessary to have site-specific geotechnical investigations carried out. The council may also require information on geotechnical and other relevant factors about the specified land before it will consider a building or planning application relating to that land. Restrictions may also apply to building and development in relation to the specified land. Further enquiries should be directed to the council.

PART 4Highway Construction, Maintenance and Access Matters

Roads and Jetties Act 1935
No.	Question	Answer
22.	Maintenance and repair of highway
(a) Is the council responsible, under section 11 of the Act, for the maintenance and reconstruction of part of the specified highway(s)?
(b) If YES to (a), provide particulars.

Local Government (Highways) Act 1982
No.	Question	Answer
23.	Maintenance and repair of highway
(a) Is the council responsible, under section 21 of the Act, for the maintenance of the specified highway(s)?
(b) If YES to (a), is the council’s responsibility to maintain the specified highway(s) limited as to its extent?
(c) If YES to (b), does the council’s responsibility apply to the part of the specified highway(s) providing access to the frontage of the specified land? Provide particulars.
24.	Vehicular crossing
(a) Has the council a record of having served a notice under section 35 of the Act, requiring the owner of the specified land to carry out works for the construction or repair of a vehicular crossing over a table drain, gutter or footpath from the specified highway(s) at or opposite the entrance to the specified land and the notice has not been satisfied?
(b) If YES to (a), provide particulars.
25.	Intention by council to undertake highway reconstruction works
(a) Has the council a record of having decided to undertake any reconstruction works on the specified highway(s) adjacent to the part providing access to the frontage of the specified land?
(b) If YES to (a), will the alteration to the level of the carriageway require an alteration to the existing access to the specified land? Provide particulars.
26.	Alteration to alignment of highway
(a) If YES to question 25, has the council a record of having decided to alter the line of the reservation of the part of the specified highway(s) providing access to the frontage of the specified land?
(b) If YES to (a), provide particulars of the intended alignment.
27.	Contribution of construction costs
(a) Is the council entitled under section 51 of the Act to construct any part of the specified highway(s), road, lane, passage or yard at the expense of the owner of the specified land?
(b) If YES to (a), has the council decided to do so? Provide particulars.
28.	Street construction scheme
(a) Has the council a record of having decided to establish a scheme of street construction under Part V of the Act in relation to the part of the specified highway(s) affecting the frontage of the specified land?
(b) If YES to (a), provide particulars of the proposed scheme as it relates to the frontage of the specified land.

PART 5Reticulated Water, Sewerage, Stormwater and Drainage Services

Part 6 of the Local Government (Building and Miscellaneous Provisions) Act 1993 Waterworks Clauses Act 1952 Sewers and Drains Act 1954
No.	Question	Answer
29.	Connection to council reticulated water supply
(a) Has the council a record showing that, on or under the specified land, there is a water connection in place connected to the council’s water main?
(b) If YES to (a), does a restricted water pressure apply to the water supply available to the specified land? Provide particulars.
(c) If NO or UNKNOWN to (a), is the specified land –
(i) within a water district declared under Part 6 of the Local Government (Building and Miscellaneous Provisions) Act 1993 to which Part III of the Waterworks Clauses Act 1952 applies; and
(ii) within 30 metres from the council’s water main or branch from which reticulated water would be available?
30.	Connection to council’s reticulated sewage collection system
(a) Has the council a record showing that, on or under the specified land, there is a sewer connection in place connected to the council’s reticulated sewage collection system? If YES, provide particulars.
(b) If NO or UNKNOWN to (a), is the specified land –
(i) within a sewerage district under Part VIII of the Sewers and Drains Act 1954 ; and
(ii) within 30 metres from the council’s sewer main or branch and capable of being connected to that sewer main or branch?
31.	Connection to stormwater or land drainage system
(a) Has the council a record showing that, on or under the specified land, there is a stormwater branch or drain connected to the council’s stormwater collection system? If YES, provide particulars.
(b) If NO or UNKNOWN to (a), is the specified land –
(i) within an appointed district under Part VIII of the Sewers and Drains Act 1954 ; and
(ii) within 30 metres from the council’s stormwater drain or a form of drain capable of providing an acceptable form of drainage from the specified land to an authorised drainage point?
32.	Existence and maintenance of council pipe main or drain
(a) Has the council a record showing that there are any trunk mains or other pipes under or through the specified land, whether within formal easements or not, which the council is responsible to maintain?
(b) If YES to (a), provide particulars including purpose or nature of the pipes, if known.
33.	Notice to owner
(a) Has the council a record of having served on the owner of the specified land a notice to take action under the Sewers and Drains Act 1954 or a notice of proposed action by the council under the authority of the Waterworks Clauses Act 1952 and the notice has not been satisfied or completed?
(b) If YES to (a), provide particulars.

PART 6Building and Plumbing Matters

Building Act 2000
No.	Question	Answer
34.	Special plumbing permit
(a) In relation to the specified land, has the council a record of an application having been made for –
(i) a special plumbing permit under section 79 of the Building Act 2000 ; or
(ii) a special connection permit under the former Plumbing Regulations 1994 ?
(b) If YES to (a)(i) or (a)(ii), was the permit issued or the application granted? If so, what type of plumbing work was proposed and on what conditions, if any? Provide particulars.
(c) Does the council record show that the proposed plumbing work was carried out satisfactorily and in accordance with those conditions, if any?
(d) If the application was granted, has the permit since been suspended or cancelled for any reason?
(e) If YES to (d), provide particulars.
35.	Plumbing permit
(a) In relation to the specified land, has the council a record of a plumbing permit (other than a special plumbing permit or a special connection permit) having been issued under –
(i) section 82 of the Building Act 2000 ; or
(ii) the former Plumbing Regulations 1994?
(b) If YES to (a)(i) or (a)(ii), has the council a record of any plumbing work commenced but for which a certificate of completion (plumbing work) has not yet been issued under section 113 of the Building Act 2000 ?
36.	Plumbing notice or order
(a) Has the council a record of having issued any plumbing notice or order under Part 11 of the Building Act 2000 relating to plumbing work on the specified land and the notice or order has not been satisfied?
(b) Has the council a record of having issued a notice under Part 7 of the Plumbing Regulations 2004 , relating to an on-site waste water management system installed on the specified land prior to 15 January 1996?
(c) If YES to (a) or (b), provide particulars.
37.	Building permit
(a) Has the council a record of having issued a building permit under Part 7 of the Building Act 2000 in relation to the specified land?
(b) If YES to (a), provide particulars.
38.	Occupancy permit
(a) Has the council a record of having issued an occupancy permit under section 100 of the Building Act 2000 in relation to building work on the specified land?
(b) If YES to (a), provide particulars of any conditions of the permit.
39.	Certificate of completion (building work)
(a) Has the council a record of any building erected on the specified land, since 1 November 1994, for which –
(i) a certificate of completion (building work) under section 112 of the Building Act 2000 ; or
(ii) a certificate of completion under section 49 of the former Part 2 of the Local Government (Building and Miscellaneous Provisions) Act 1993  –
has not been issued?
(b) If YES to (a)(i) or (a)(ii), provide particulars.
40.	Building certificate
(a) Has the council a record that the general manager has issued a building certificate under section 119 of the Building Act 2000 within the previous seven years in relation to the specified land?
(b) If YES to (a), provide particulars.
41.	Consent to build over existing drain
(a) In relation to the specified land, has the council a record of having provided written permission to the owner under –
(i) section 160 of the Building Act 2000 ; or
(ii) regulation 44 of the former Building Regulations 1994 –
to carry out building work over or near an existing drain?
(b) If YES to (a)(i) or (a)(ii), provide particulars.
42.	Certificate or permit of compliance
(a) Has the council a record of a certificate of material compliance for any building on the specified land having been issued under the former Building Regulations 1994 or of a permit of substantial compliance having been issued under section 188 of the Building Act 2000 ?
(b) If YES to (a), provide particulars of the relevant certificate or permit.
43.	Endorsement of irregular procedures
(a) Does the council record show, on a certificate or permit relating to building work on the specified land, an endorsement to the effect that "This building was not the subject of the normal application, permit and inspection procedures" in accordance with the former Building Regulations 1994 or with section 195 of the Building Act 2000 ?
(b) If YES to (a), provide particulars of the building work to which the endorsement applies.
44.	Building notice or order
(a) Has the council a record of having issued a notice or order under the former Part 2 of the Local Government (Building and Miscellaneous Provisions) Act 1993 in relation to building work on the specified land and that notice or order has not been satisfied?
(b) Has the council a record of any order to uncover, order to open up work, order to demolish or inspection notice issued under the former Building Regulations 1994 in relation to building work on the specified land and that order or notice has not been satisfied?
(c) Has the council a record of having issued any notice or order under Part 11 of the Building Act 2000 in relation to a building, temporary structure, building work or maintenance of a building on the specified land and that notice or order has not been satisfied?
(d) If YES to (a), (b) or (c), provide particulars.
45.	Other outstanding notices or orders
(a) Has the council a record of having served any other notice or order on the owner under the former Part 2 of the Local Government (Building and Miscellaneous Provisions) Act 1993 still affecting the specified land or the use of the specified land?
(b) Has the council a record of having served any other notice or order under the Building Act 2000 on the owner or occupier of the specified land and the notice or order has not been satisfied?
(c) If YES to (a) or (b), provide particulars.
46.	Residential building insurance cover under Housing Indemnity Act 1992
(a) Has the council a record that an indemnity policy is in force in respect of a residential building on the specified land for the purposes of compliance with the Housing Indemnity Act 1992 ?
(b) If YES to (a), provide particulars.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 28 June 2006

These regulations are administered in the Department of Premier and Cabinet.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations amend the

(a) prescribing the form for a council land information certificate under section 337 of the Local Government Act 1993 ; and (b) prescribing the questions attached to that certificate; and (c) increasing the fee payable for an application for that certificate.