207EAlterations to titles if land exchanged

207E Alterations to titles if land exchanged (1) This section only applies if a Council agrees to exchange any land it acquires under Schedule 10 with other land owned by it. (2) The registered proprietor, or the mortgagee in possession, of the land may apply to the Registrar of Titles to have the folio of the Register under the **Transfer of Land Act 1958** amended to— (a) include the land obtained from the Council; and (b) exclude the land acquired by the Council from the folio of the Register. (3) The Registrar must make the necessary amendments to the Register if the application— (a) is in a form approved by the Registrar; and (b) contains all the information required by the Registrar; and (c) is accompanied by the written consent to the application of the proprietor of any mortgage, charge, lease or sub-lease that the land is subject to (if any). (4) On the Registrar completing the necessary amendments— (a) the land acquired by the Council is freed of any mortgage, charge, lease or sub-lease (if it is not already free of those encumbrances); and (b) the land obtained from the Council becomes subject to any mortgage, charge, lease or sub-lease that the other land was subject to and is to be regarded as if it had always been part of the land described in the folio of the Register. (5) The **Subdivision Act 1988** does not apply to land to which this section applies. S. 207F inserted by No. 125/1993 s. 22, amended by Nos 107/1995 s. 123, 50/1998 s. 50, repealed by No. 12/2004 s. 144. S. 208 (Heading) inserted by No. 12/2004 s. 147(1), substituted by No. 6/2010 s. 203(1)(Sch. 6 item 29.3) (as amended by No. 45/2010 s. 22). 208 Transport Integration Act 2010, Transport (Compliance and Miscellaneous) Act 1983, Road Management Act 2004 and Road Safety Act 1986 S. 208(1) amended by Nos 44/1989 s. 42(1), 12/2004 s. 147(2), 6/2010 s. 203(1)(Sch. 6 item 29.4(a)) (as amended by No. 45/2010 s. 22), 49/2019 s. 186(Sch. 4 item 25.2), 25/2025 s. 106(Sch. 1 item 23.1). (1) A Council must not exercise its powers under this Division inconsistently with the functions and powers of the Head, Transport for Victoria and the Secretary to the Department of Transport and Planning under the **Transport Integration Act 2010**, the **Transport (Compliance and Miscellaneous) Act 1983**, the **Road Management Act 2004** and the **Road Safety Act 1986** and the regulations under those Acts. S. 208(2) amended by Nos 12/2004 s. 147(3), 6/2010 s. 203(1)(Sch. 6 item 29.4(b)) (as amended by No. 45/2010 s. 22). (2) If a Council is delegated a power under the **Transport Integration Act 2010**, the **Transport (Compliance and Miscellaneous) Act 1983**, the **Road Management Act 2004**, the **Road Safety Act 1986** or the regulations under those Acts, the Council must exercise that power in accordance with the Act or regulations under which the delegation is made. S. 208AA inserted by No. 30/2013 s. 60(Sch. item 6). 208AA Heavy Vehicle National Law (Victoria) A Council must not exercise its powers under this Division inconsistently with the functions and powers of the Regulator under the Heavy Vehicle National Law (Victoria) and the national regulations under that Law. Pt 9 Div. 3 (Heading and ss 208A–208G) inserted by No. 40/1994 s. 3, amended by Nos 99/1994 ss 17, 18(1)(2), 33/1995 s. 6, 34/1996 ss 27, 33(e), 27/1997 ss 18–20, 76/1997 s. 18, substituted as Pt 9 Div. 3 (Heading and ss 208A–208J) by No 59/1999 s. 4, amended by No. 109/2003 s. 7(3), repealed by No. 9/2020 s. 362(e).