Read a planning certificate and separate prescribed information from additional advice
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From a planning certificate the lawyer supplies, list each matter it records and mark whether the certificate presents it as prescribed information or as additional advice. Do not say what the certificate guarantees.
- What the lawyer must review
- The lawyer reads the list against section 10.7 of the Environmental Planning and Assessment Act 1979 (NSW) and Schedule 2 of the Environmental Planning and Assessment Regulation 2021. A certificate under section 10.7(2) specifies the prescribed matters. The Planning Portal says that information covers zoning, planning instruments and policies, controls, and hazards and risks, and that the certificate must be attached to a contract for sale. Section 10.7(5) advice is additional. Section 10.7(6) says the council is not liable for advice given in good faith under subsection (5), and that this protection does not apply to advice about contaminated land. Section 10.7(7) makes the certificate conclusively correct only for offence proceedings under the Act or regulations, and only in favour of a person who obtained it or might reasonably be expected to rely on it. It is not a general warranty. In Victoria the document is a section 199 certificate about the planning scheme.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From a planning certificate the lawyer supplies, list each matter it records and mark whether the certificate presents it as prescribed information or as additional advice. Do not say what the certificate guarantees. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Keep prescribed matters and section 10.7(5) advice in separate columns.
- Do not describe section 10.7(7) as making the certificate conclusive for a civil dispute or a planning appeal.
- Flag any contamination notation for the lawyer, because subsection (6) withdraws the good-faith protection for that advice.
- In Victoria, stop and use section 199. Do not look for a subsection (5) advice split.
Sources
- Environmental Planning and Assessment Act 1979 (NSW) s 10.7, planning certificates · 2026-10-22
- NSW Planning Portal, Planning certificates, updated 2 July 2026 · 2026-10-22
- Planning and Environment Act 1987 (Vic) s 199, planning certificates · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.