S. 12(7) inserted by No. 47/1989 s. 6(2)(f). (7) This section does not prevent the exercise of rights conferred by— s. 12 S. 12(7)(a) amended by No. 48/1991 s. 10(4)(b)(i)(ii). (a) an easement created in favour of a public authority, Council, Minister or other person otherwise than under this Act or the Transfer of Land Act 1958; or S. 12(7)(b) amended by No. 48/1991 s. 10(4)(b)(i)(ii). (b) an agreement to create an easement in favour of a public authority, Council, Minister or other person made under an Act other than this Act or the Transfer of Land Act 1958. S. 12(8) inserted by No. 47/1989 s. 6(2)(f). (8) The easements specified on a plan or implied by subsection (2) are in addition to easements under section 98(a) of the Transfer of Land Act 1958. S. 12(9) inserted by No. 47/1989 s. 6(2)(f). (9) Section 98(b) of the Transfer of Land Act 1958 does not apply to a plan registered under this Act. 13 Certification evidence of compliance with Act Where the Council certifies a plan, the certification is conclusive evidence that the provisions of this Act relating to certification including any preliminary requirements, have been complied with, unless, before the plan is registered, an order is made under section 39(3) and served on the Registrar. _______________ S. 14 amended by No. 48/1991 s. 11(a). 14 Application of Part s. 14
S. 18(1)(c) substituted by No. 47/1989 s. 14(1)(b), amended by No. 34/1994 s. 3(2). (c) do a combination of (a) and (b) so that the total of the percentages required under (a) and (b) does not exceed 5 per cent of the site value of all the land in the subdivision. S. 18(1A) inserted by No. 48/1991 s. 14(2). (1A) The Council may only make a public open space requirement if it considers that, as a result of the subdivision, there will be a need for more open space, having regard to— (a) the existing and proposed use or development of the land; (b) any likelihood that existing open space will be more intensively used after than before the subdivision; (c) any existing or likely population density in the area of the subdivision and the effect of the subdivision on this; s. 18 (d) whether there are existing places of public resort or recreation in the neighbourhood of the subdivision, and the adequacy of these; (e) how much of the land in the subdivision is likely to be used for places of resort and recreation for lot owners; (f) any policies of the Council concerning the provision of places of public resort and recreation. S. 18(1B) inserted by No. 57/1993 s. 9(2). (1B) If a Council requires an applicant to pay or agree to pay an amount under subsection (1)— (a) the amount must be paid before the Council issues its statement of compliance; and
(ii) as to whether the land in the plan of subdivision has been the subject of a subdivision of land in the period of 3 years immediately preceding the date of that receipt; and (b) provide the Victorian Urban Development Authority with a copy of the planning permit for that subdivision. S. 21(2B) inserted by No. 35/2006 s. 8(2). (2B) Subsection (2A) does not apply to a plan of subdivision that involves an alteration to the boundaries of the lots on an existing plan of subdivision but does not increase the number of lots above the number of lots on that existing plan of subdivision. s. 21 S. 21(2C) inserted by No. 35/2006 s. 8(2). (2C) A Council must not issue a statement of compliance under this section in relation to a plan of subdivision for which it has given notice under subsection (2A) unless the Victorian Urban Development Authority has notified the Council under section 51ZA of the Victorian Urban Development Authority Act 2003 that— (a) a general development charge or an infrastructure recovery charge is not payable in respect of the subdivision; or (b) if a general development charge or an infrastructure recovery charge is payable in respect of the subdivision, the charge has been paid or the person liable to pay the charge has entered into an agreement with the Authority under section 51Y of that Act to pay the charge. S. 21(3) inserted by No. 48/1991 s. 18(3), amended by No. 126/1993 s. 264(Sch. 5 item 20). (3) A Council cannot refuse to issue a statement of compliance because a requirement made in relation to an application, approval, permit or certificate under the Building Act 1993 or in
relation to regulations under that Act remains outstanding. S. 21(4) inserted by No. 48/1991 s. 18(3). (4) If— S. 21(4)(a) amended by No. 34/1994 s. 4(2). (a) the Council and the owners of all or any of the lots in a staged subdivision within the meaning of section 37(1) have entered into an agreement under Division 2 of Part 9 of the Planning and Environment Act 1987, whether or not any other people are also parties to that agreement; and (b) the Council is satisfied that the owners of any of the lots in a stage who entered into the agreement— (i) have paid all money then due by them under the agreement; and (ii) have met all other obligations then imposed under the agreement; and (c) the Council is satisfied that, under the agreement, they have no further liability to pay money and no further obligations— s. 21 the Council may, in the statement of compliance, provide that the agreement no longer applies to specified land in that stage. S. 21(4A) inserted by No. 34/1994 s. 4(3). (4A) In subsection (4), stage means— (a) for a staged subdivision using the procedure under section 37, a stage provided for in that section; or (b) for a subdivision of land in stages not using that procedure, the land in a plan of
S. 22(1A) inserted by No. 48/1991 s. 20(3). (1A) For the purposes of subsection (1)(c), (d) and (da) the following are listed persons— S. 22(1A)(a) amended by No. 57/1993 s. 10(2)(a). (a) a registered mortgagee, registered lessee or registered sub-lessee; S. 22(1A)(b) substituted by No. 57/1993 s. 10(2)(b). (b) the registered annuitant; S. 22(1A)(c) amended by No. 57/1993 s. 10(2)(b). (c) a caveator whose caveat is recorded in the Register; S. 22(1A)(d) amended by No. 57/1993 s. 10(2)(c)(i)(ii). (d) an annuitant whose charge, or a person whose mortgage, caveat, lease or sub-lease was lodged before the lodging of the plan. S. 22(1AA) inserted by No. 57/1993 s. 10(3). (1AA) If a plan provides that land becomes common property, then for the purposes of subsection (1)(c), (d) and (da) consent to the registration of the plan is not required from any person with an interest in the common property but not in the land. S. 22(1AB) inserted by No. 57/1993 s. 10(3). (1AB) If a person's consent to the registration of a plan is required and the person requests the Registrar to register the plan, the request must be taken to be consent to the registration of the plan. S. 22(1AC) inserted by No. 57/1993 s. 10(3). (1AC) The Registrar may treat as consent from a person whose consent to the registration of a plan is required— (a) in the case of a natural person, a consent or request to register the plan apparently made on behalf of that person; or (b) in the case of a corporation or a statutory corporation, a consent or request to register the plan—
(c) the Registrar may delete any folio of the register so far as it relates to that land. S. 24(3) amended by No. 18/1989 s. 15(b). (3) The Registrar must create a folio of the Register under the Transfer of Land Act 1958 for— (a) each lot; and (b) each reserve. S. 24(4) amended by Nos 92/1989 s. 7(b), 18/1989 s. 15(b). (4) Despite anything in subsection (3) of this section or in section 28(e), the Registrar may decide not to create a folio of the Register under the Transfer of Land Act 1958 if— S. 24(4)(a) amended by No. 18/1989 s. 15(c). (a) a document required by the Registrar has not been submitted or lodged; or S. 24(4)(b) amended by Nos 18/1989 s. 15(d), 52/1998 s. 311(Sch. 1 item 86.1). (b) there is an order of a court or the Victorian Civil and Administrative Tribunal prohibiting the creation of the folio of the Register; or S. 24(4)(c) substituted by No. 18/1989 s. 15(e). (c) the creation of a folio of the register is not required by the owner and its creation would not be desirable; or S. 24(4)(d) amended by No. 18/1989 s. 15(f). (d) in the opinion of the Registrar, other special circumstances make the creation of the folio of the Register undesirable or unnecessary. S. 24(5) inserted by No. 47/1989 s. 19(p). (5) The Registrar must make any amendments to any registered plan or to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of this Act. S. 24(6) inserted by No. 48/1991 s. 22(2). (6) Where a plan amending a previous registered plan is lodged for registration, it must be accompanied by substitute sheets for the sheets of the registered plan that require amendment, and the Registrar may substitute those sheets for the appropriate sheets of the registered plan and, on the making of
corporation may apply to the Registrar to alter the purposes of the owners corporation. S. 27H(3) inserted by No. 6/2008 s. 37(2). (3) Without limiting subsection (1), if there is a special resolution of the members of an unlimited owners corporation and a special resolution of the members of a limited owners corporation, the owners corporations may apply to the Registrar to alter the functions or obligations of the limited owners corporation that are to be carried out or complied with by the unlimited owners corporation. Note See section 27C. S. 27H(4) inserted by No. 6/2008 s. 37(2). (4) On the Registrar altering the purposes of the owners corporation, the altered purposes become the purposes of the owners corporation. S. 27H(5) inserted by No. 6/2008 s. 37(2). (5) On the Registrar altering the functions or obligations of the limited owners corporation that are to be carried out or complied with by the unlimited owners corporation, section 27C(5) applies as if the alteration were the registration of the plan and that subsection referred to the functions or obligations as so altered. s. 28 S. 28 substituted by No. 69/2006 s. 211. 28 Creation of owners corporation (1) In addition to section 24, when a plan providing for the creation of one or more owners corporations or containing common property is registered— (a) each owners corporation for which the plan provides is incorporated; and (b) the owners of the specified lots become the first members of the owners corporation; and
S. 35(3)(c)(iii) amended by No. 57/1993 s. 14(1)(c). (iii) to the extent that it relates to land acquired by agreement, on the vesting date; and S. 35(3)(d) inserted by No. 57/1993 s. 14(1)(c). (d) if the plan consolidates land acquired or to be acquired by the authority, must (despite paragraph (c)) state that the consolidation is to happen— (i) on the registration of the plan, if all the land to be consolidated has been acquired by the authority before that registration; or (ii) if any of the land is acquired after the registration of the plan, on the last of the vesting dates of, or recorded for, that land. s. 35 S. 35(4) substituted by No. 48/1991 s. 31(4). (4) Consent to the registration of the plan is not required by any person to the extent that the plan— S. 35(4)(a) amended by No. 57/1993 s. 14(2)(a). (a) maintains without alteration of boundaries, except for the purposes of acquisition or to correct any minor defect in boundaries found on survey, the number of separately disposable parcels of land in the area covered by the plan, excluding the land to be acquired; or (b) creates new lot entitlements or lot liability as a result of the acquisition; or S. 35(4)(c) amended by No. 57/1993 s. 14(2)(b). (c) relates to land vested in or registered in the name of the Authority; or S. 35(4)(d) inserted by No. 57/1993 s. 14(2)(b). (d) relates to land acquired or to be acquired by the authority.
S. 35(5) substituted by No. 48/1991 s. 31(4). (5) Sections 5(3)(b) and 6(1)(b) do not apply to land in a plan submitted or lodged under this section. (6) If a plan lodged by an acquiring authority is registered— s. 35 (a) the authority must advise the Registrar of the vesting date of each piece of land in the plan acquired or to be acquired by compulsory process as soon as possible after that vesting date; and (b) the Registrar must record the vesting dates advised by the authority; and S. 35(6)(c) substituted by No. 48/1991 s. 31(5)(a), amended by No. 57/1993 s. 14(3)(a). (c) any thing done by the plan (except consolidation) in relation to land to be acquired by compulsory process has effect when the Registrar records the vesting date of that land, and this Act applies to those things as if the plan were registered on that date; and S. 35(6)(d) substituted by No. 48/1991 s. 31(5)(a), amended by No. 57/1993 s. 14(3)(a). (d) any thing done by the plan (except consolidation) in relation to land to be acquired by agreement has effect on the vesting date of that land, and this Act applies to those things as if the plan were registered on that date; and S. 35(6)(e) substituted by No. 48/1991 s. 31(5)(a), amended by No. 57/1993 s. 14(3)(a). (e) any thing else done by the plan (except consolidation) has effect when the plan is registered; and S. 35(6)(ea) inserted by No. 48/1991 s. 31(5)(a). (ea) this Act applies to land on the plan that the authority acquires by agreement as if section 24(2)(c) referred to "registered in the name of" instead of "vested" and section 24(2A) referred to "is registered in the name of" instead of "vests"; and
(b) a plan for the second or a subsequent stage must contain the prescribed information; and (c) a plan for the second or a subsequent stage may do any one or more of the following— (i) create additional lots on, or alter the lots on, the land in that stage; S. 37(3)(c)(ii) amended by No. 69/2006 s. 212(c). (ii) in relation to the land in that stage, create an owners corporation, common property, lot entitlement or lot liability; (iii) create, vary or remove an easement or restriction over land in that stage; S. 37(3)(c)(iiia) inserted by No. 48/1991 s. 33(2). (iiia) Set aside additional roads or reserves on the land in that stage; S. 37(3)(c)(iv) amended by No. 48/1991 s. 33(3)(4). (iv) Amend the master plan or a plan for an earlier stage by— s. 37 S. 37(3)(c)(iv)(A) amended by No. 69/2006 s. 212(d). (A) adding to the membership of an existing owners corporation; or (B) adding to existing common property; or (C) Subject to sections 33(2) and (3), changing lot entitlement or liability of existing lots; or S. 37(3)(c)(iv)(D) amended by No. 80/2009 s. 103(a). (D) showing land on that plan as land benefited by an easement or restriction created over the land in the plan for the second or subsequent stage.
S. 41 amended by No. 47/1989 s. 16, repealed by No. 12/1989 s. 4(1)(Sch. 2 item 114.1) (as amended by No. 53/1988 s. 45 (as amended by No. 47/1989 s. 23)), new s. 41 inserted by No. 52/1998 s. 311(Sch. 1 item 86.6). 41 Application for declaration (1) A person may apply to the Victorian Civil and Administrative Tribunal for a declaration concerning any matter that could form the subject of an application to that Tribunal under this Act (except an application under section 39). (2) On an application under subsection (1) the Tribunal may make any declaration it thinks appropriate in the circumstances. (3) The Tribunal's power to make a declaration under this section is exercisable only by a presidential member of the Tribunal. S. 41A inserted by No. 52/1998 s. 311(Sch. 1 item 86.6). 41A Parties not restricted to grounds previously notified A party in a proceeding for review under this Act is not restricted at the hearing of the proceeding to any grounds previously notified to the other parties (whether in the course of or before the proceeding) or the Victorian Civil and Administrative Tribunal. S. 41B inserted by No. 52/1998 s. 311(Sch. 1 item 86.6). 41B Matters Tribunal must take into account s. 41 In determining an application under this Act (other than an application under section 39) the Victorian Civil and Administrative Tribunal must— (a) take into account any relevant planning scheme; and S. 41B(b) amended by No. 81/2004 s. 51. (b) where appropriate, have regard to any planning scheme or amendment adopted by a planning authority under the Planning and Environment Act 1987 but not, as at the date the application is determined, approved by the Minister or the planning authority; and
as if this Act (except subsections (2) to (11) of this section) had not commenced. S. 44(6E) inserted by No. 47/1989 s. 18(1)(i), substituted by No. 48/1991 s. 38(3). (6E) This Act does not apply to anything done under section 526, 527, 528 or 569BA of the Local Government Act 1958. S. 44(7) amended by No. 48/1991 s. 38(2)(g). (7) A plan of subdivision, including a plan of strata subdivision and a plan of cluster subdivision or a plan of consolidation, which has been sealed by a Council may be amended in accordance with section 11 as if it were a certified plan. S. 44(8) repealed by No. 48/1991 s. 38(2)(a). * * * * * S. 44(9) substituted by No. 47/1989 s. 18(1)(j). (9) Without limiting subsection (6), the provisions of the of Land Act 1962 and the Local Government Act 1958 that relate to the sale of land before plans are approved or registered by the Registrar continue to apply to— (a) an unsealed plan of strata subdivision prepared; and (b) a valid plan of subdivision (including a plan of strata subdivision, strata redevelopment, cluster subdivision or cluster redevelopment) sealed— s. 44 before the commencement of this section, or on or after the commencement of this section under the provisions applied by subsection (3B), as if this Act (except subsections (2) to (11) of this section) had not commenced.