Unhealthy Building Land Regulation 2001 (NSW)

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Unhealthy Building Land Act 1990.

Minister for the Environment

Part 1Preliminary1Name of Regulation

This Regulation is the Unhealthy Building Land Regulation 2001.

2Commencement

This Regulation commences on 1 September 2001.

Note—

This Regulation replaces the Unhealthy Building Land Regulation 1996 which is repealed on 1 September 2001 under section 10 (2) of the Subordinate Legislation Act 1989.

3Definition

In this Regulation:

the Act means the Unhealthy Building Land Act 1990.

4Notes

The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.

Part 2Certificates relating to declaration of land as unhealthy building land5Application for certificate relating to declaration of land as unhealthy building land(1)

For the purposes of section 8 (2) of the Act, an application for a certificate as to whether land described in the certificate is the subject of a declaration as unhealthy building land is to be made:

• (a)

  by means of a written application lodged with or sent to the Registrar-General, or

• (b)

  by means of electronic data transmission to the Central Register of Restrictions maintained by the Registrar-General.

(2)

The application must furnish the following information:

• (a)

  the name and address of the applicant,

• (b)

  if applicable, the name and address of the person seeking the certificate and on whose behalf the application is made,

• (c)

  the street address of the land the subject of the application,

• (d)

  the name of the local government area (if any) within which the land the subject of the application is situated,

• (e)

  the description by which the land the subject of the application is identified in the documents that evidence legal title to that land (such as Lot 1, Deposited Plan 12345 or Portion 1, Parish of X, County of Y).

(3)

In the case of a written application, the information referred to in subclause (2) may be furnished by means of a computer disk, in a format acceptable to the Registrar-General, accompanying the application.

(4)

If the information required to issue the certificate is not available from the Central Register of Restrictions, the Registrar-General must refer the application to the Authority.

(5)

The Authority or the Registrar-General may require the applicant to furnish such further information as the Authority or the Registrar-General requires to enable identification of the land the subject of the application.

6Fee for certificate relating to declaration of land as unhealthy building land

For the purposes of section 8 (2) of the Act, the prescribed fee for a certificate referred to in clause 5 is, in respect of each deposited plan, strata plan or portion of land the subject of the application for the certificate:

• (a)

  $10 in the case of an application lodged by a person who, under arrangements with the Registrar-General, has direct electronic access to the Central Register of Restrictions, or

• (b)

  $15.50 in any other case.

Part 3Miscellaneous7Saving

Any act, matter or thing that had effect under the Unhealthy Building Land Regulation 1996 immediately before the repeal of that Regulation continues to have effect under this Regulation.