6AEasements, restrictions etc.

6A Easements, restrictions etc.

(1) In this section and in section 6(2)(g) restriction has the same meaning as in the Subdivision Act 1988.

(2) Subject to subsection (3), a planning scheme may require a permit to be obtained before a person proceeds under section 23, 24A or 36 of the Subdivision Act 1988.

(3) A planning scheme must not—

(a) prohibit or restrict—

(i) the creation, variation or removal of easements or restrictions by agreement, prescription, abandonment, or otherwise by operation of law; or

(ii) the creation, variation or removal of easements or restrictions by or under anAct other than the Subdivision Act 1988; or

(iii) a person from proceeding under the Subdivision Act 1988 in relation to the creation, variation or removal of an easement or restriction referred to in subparagraph (i) or (ii); or

(b) regulate or provide for—

S. 6A(3)(b)(i) amended by Nos 93/1995 s. 218(1)
(Sch. 2 item 7.1), 7/2017 s. 305(1).

(i) the variation or removal of a covenant under Part 7 of the Heritage Act 2017 or section 3A of the Victorian Conservation Trust Act 1972; or

(ii) the variation or removal of an easement required to be created in favour of a public authority, Council, Minister or other person under an Act other than the Subdivision Act 1988, without the consent of that person; or

(c) allow a person to proceed under section 23 of the Subdivision Act 1988 to create, vary or remove an easement or restriction over land that the person does not own.

(4) A provision included in a planning scheme under section 6(2)(ga) is in addition to section 362A of the Land Act 1958, and a person may choose whether to proceed under that section or the provision of the planning scheme.

S. 6B inserted by No. 12/2021 s. 4.