Changes to Section 149(2) Certificates

Changes have been made to the Environmental Planning and Assessment Regulations in relation to coastal matters.

Councils must now include in their Section 149(2) Certificates the following statements:-

• whether an order has been made in relation to emergency coastal protection works on the land;
• whether Council has been notified that emergency coastal protection works have been placed on the land; and if so, whether Council is satisfied that the works have been removed and the land restored;
• whether the owner of the land has consented to the land being subject to annual charges for coastal protection services.
• whether any development controls relating to coastal hazards or flooding apply to the land.

This change is effective from 25 February 2011 and only applies to coastal Councils, including Ballina Shire Council, Byron Shire Council, Richmond Valley Council and Tweed Shire Council.  

Any contract entered into on or after 25 February 2011 should contain a Section 149(2) Certificate which has been issued by Council after this date, and which addresses this matter.

It may be possible to address the matter by an appropriate disclosure in the Contract, however this has not been tested.  We would strongly recommend that a new Section 149(2) Certificate be obtained, to be certain.

Further information can be obtained by calling our Byron Bay, Lismore or Cabarita office or the NSW Department of Planning's website - www.planning.nsw.gov.au.