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.