7Meaning of *excluded subdivision of land*

7 Meaning of *excluded subdivision of land*

(1) An excluded subdivision of land is any of the following—

(a) a subdivision of land the purpose of which is solely to realign the common boundary between 2 lots and the area of either lot after the realignment is reduced by no more than 5% of its original area;

The realignment of boundaries to accord with existing fence lines.

(b) a subdivision of land the purpose of which is solely to create a lot not exceeding 2 hectares for the purposes of excising an existing dwelling on the land;

A land owner subdivides a 40 hectare parcel of land with an existing house into 2 lots—one lot is 38 hectares in area and the other lot is 2 hectares in area and the house is situated on that smaller lot.

(c) a subdivision of land that is not wholly within the levy area and the purpose of the subdivision is solely to create 2 lots, one lot being land wholly in the levy area and the other lot being land that is not within the levy area;

(d) a subdivision of land that excises land—

(i) within the boundaries of any of the planning schemes applying to the municipal districts of the following Councils—

(A) Hume City Council;

(B) Melton City Council;

(C) Mitchell Shire Council;

(D) Whittlesea City Council;

(E) Wyndham City Council; and

(ii) that is shown in those planning schemes as being affected by a transport infrastructure reservation;

(e) a subdivision of land the sole purpose of which is to excise land—

(i) forming part of extractive industry land; and

(ii) on which there is or will be a buffer zone.

buffer zone, in relation to extractive industry land, means land on which there is only one or more of the following—

(a) an access road or driveway to enable access to a road (within the meaning of the Road Safety Act 1986);

(b) a drain;

(c) bund walls or landscaping for the purpose of—

(i) keeping any emissions resulting from any extractive industry being carried out on the extractive industry land within the boundaries of that land; or

(ii) minimising the effect on the amenity of the area surrounding the extractive industry land of vehicular traffic, or noise, blasting, dust or vibration resulting from any extractive industry being carried out on that land;

(d) trees or other plants planted and maintained to screen the extractive industry being carried out on the extractive industry land;