South Yarra Project (Subdivision and Management) Act 1985 (Victoria)

This Act creates a bespoke statutory structure for the subdivision and ongoing management of a defined area of land at South Yarra. Mechanically it does the following.

On registration of a specified plan of subdivision the Registrar of Titles gives effect to three immediate legal changes: incorporation of a bespoke body corporate by the name shown in Schedule One, vesting of the common allotment(s) in that body corporate, and the vesting of a leasehold interest in the leased property in that body corporate on the terms in Schedule Two (s 6(1)(a)-(c)). The Registrar is required to give effect to the vesting without an application and without payment of a fee (s 7(1)).
The Act sets out who are the members of the body corporate: registered proprietors of the primary allotments, and rules for membership when those primary allotments are consolidated, subdivided, or strata-subdivided (s 6(4)). Members retain rights and liabilities accrued while they were members (s 6(5)).
It incorporates by reference a selection of provisions from the Strata Titles Act 1967 into the bespoke regime and modifies their application to the South Yarra body corporates (s 3(2), s 9). The reference to the Strata Titles Act is specifically to its state immediately before the commencement of s 44(1) of the Subdivision Act 1988 (s 3(2)).
The Act imposes duties on the body corporate in addition to those in the Strata Titles Act: compliance with car park and open space management prescriptions, insurance obligations and custody of titles (s 10). It grants powers to manage, maintain and apply revenue from common property, and to carry out works subject to planning scheme requirements (s 11).
It prescribes a by‑laws framework: Schedule Three supplies by‑laws for each item in Schedule One; a body corporate can modify those by‑laws only by unanimous resolution, subject to consistency requirements and nullity where they conflict with the Act, the Strata Titles Act (except by‑laws under that Act), or the Prahran Planning Scheme (s 15).

Version No. 005

South Yarra Project (Subdivision and Management) Act 1985

No. 10215 of 1985

Version incorporating amendments as at
18 October 2012

table of provisions

Section Page

1 Purpose 1

2 Commencement 1

3 Definitions 1

4 Objectives 2

5 Act to bind Crown 3

6 Effect of approval of subdivision 3

7 Recordings in Register 5

8 Implied rights and easements 6

9 Application of Strata Titles Act 1967 7

10 Duties of body corporate 9

11 Powers of body corporate 9

12 Additional duties and powers of strata titles bodies corporate 10

13 Body corporate not to sell etc. or hold certain property 11

14 Rules 12

15 By-laws of body corporate 13

16 Unit entitlement and unit liability 16

17 Destruction of or damage to common property 17

18 Rights in relation to open space 18

19 Certain provisions of certain Acts not to apply 19

20 Repealed 19

21 Amendment of Schedules 19

22 Repealed 20

SCHEDULES 21

SCHEDULE 1—Plans of subdivision 21

SCHEDULE 2—Terms and Conditions of Lease 22

SCHEDULE 3—By-Laws 31

ENDNOTES 38

General Information 38
Table of Amendments 39
Explanatory Details 40

Version No. 005

South Yarra Project (Subdivision and Management) Act 1985

No. 10215 of 1985

Version incorporating amendments as at
18 October 2012

The Parliament of Victoria enacts as follows:

1 Purpose

The purpose of this Act is to provide a legal structure for the subdivision and management of certain land at South Yarra.

2 Commencement

This Act comes into operation on a day or days to be proclaimed.

S. 3
amended by No. 53/1988
s. 45(Sch. 2 item 73).

3 Definitions

(1) In this Act—

by-laws in relation to an item in Schedule One, means the by-laws set out in the part of Schedule Three applying to that item as amended and in force for the time being;

car park management prescription means a management prescription forming part of a development plan for the maintenance and operation of areas set aside for the accommodation of stationary vehicles;

common allotment in relation to an item in Schedule One, means the land specified in column four of that item;

common property in relation to an item in Schedule One means the leased property and common allotments specified in that item;

S. 3(1) def. of development plan amended by No. 86/1989
s. 29(4).

[1]development plan means a development plan as amended and in force for the time being under the Prahran Planning Scheme relating to the South Yarra land or any part of the South Yarra land;

leased property in relation to an item in Schedule One means land the subject of a leasehold interest created by this Act and specified in column five of that item;

open space management prescription means a management prescription forming part of a development plan for the control, maintenance or care of open space;

primary allotment in relation to an item in Schedule One, means an allotment (other than a common allotment) specified in column two of that item;

S. 3(1) def. of South Yarra land substituted by No. 74/1994
s. 6(a).

South Yarra land means the whole of the land within the boundaries of the land described in Plan of Subdivision No. LP204346R lodged at the Office of Titles.

S. 3(2) inserted by No. 53/1988
s. 45(Sch. 2 item 74).

(2) A reference in this Act to the Strata Titles Act 1967 or a provision of the Strata Titles Act 1967 is a reference to that Act or provision as in force immediately before the commencement of section 44(1) of the Subdivision Act 1988 and notwithstanding the repeal of the Strata Titles Act 1967 has effect as if the relevant provision was incorporated in this Act.

4 Objectives

s. 4

The objectives of this Act are—

(a) to provide a means for establishing and regulating the rights and obligations of the owners and occupiers of the South Yarra land both among themselves and in relation to the public; and

(b) to provide a means for controlling and managing common property; and

S. 4(c) amended by No. 74/1994
s. 6(b).

(c) to provide a basis upon which legal rights and obligations arising in respect of the development of the South Yarra land can be conferred or imposed.

5 Act to bind Crown

s. 5

This Act binds the Crown.

6 Effect of approval of subdivision

(1) Upon the approval by the Registrar of Titles under the Transfer of Land Act 1958 of a plan of subdivision referred to in column one of an item in Schedule One—

(a) there is incorporated a body corporate under the name specified in column three of that item; and

(b) the common allotment or common allotments specified in column four of that item vest in the body corporate; and

(c) a leasehold interest in the leased property described in the terms and conditions of lease set out in the part of Schedule Two referred to in column five of that item vests in the body corporate subject to and in accordance with those terms and conditions.

(2) The Companies (Victoria) Code does not apply to a body corporate specified in Schedule One.

(3) A body corporate specified in Schedule One has perpetual succession and a common seal and is capable of suing and being sued in its corporate name.

(4) The members of a body corporate specified in column three of an item in Schedule One are—

(a) the registered proprietor or registered proprietors for the time being of the primary allotments specified in column two of that item; and

(b) in the event of the consolidation of two or more primary allotments or of two or more parcels of the land which at any time formed part of a primary allotment specified in column two of that item, the registered proprietor or registered proprietors for the time being of the land delineated on the plan of consolidation; and

s. 6

(c) in the event of the subdivision of a primary allotment or any part of the land which at any time formed part of a primary allotment specified in column two of that item (other than a subdivision in strata), the registered proprietor or registered proprietors for the time being of each allotment created by the subdivision; and

(d) in the event of the subdivision in strata of a primary allotment or of any part of the land which at any time formed part of a primary allotment specified in column two of that item, the body corporate (but not the members of the body corporate) created by virtue of the Strata Titles Act 1967 upon the registration of the plan of strata subdivision;

(5) A person who has at any time been a member of a body corporate specified in column three of an item in Schedule One continues, notwithstanding ceasing to be a member, to be entitled to any right accrued, and to be subject to any liability or obligation incurred, while such a member.

(6) Without restricting the generality of subsection (3), a body corporate specified in column three of an item in Schedule One may sue for and in respect of any damage or injury to common property specified in that item caused by any person, whether or not that person is a member of the body corporate or has any interest in the common property.

(7) A body corporate specified in column three of an item in Schedule One and the control, management, administration, use and enjoyment of the body corporate and of the common property vested in the body corporate is regulated in accordance with this Act and the by-laws specified in column six of that item.

(8) The vesting of land or an interest in land under subsection (1) is exempt from stamp duty under the Stamps Act 1958.

S. 6(9) amended by No. 18/1989
s. 13(Sch. 2 item 83(a)).

(9) In this section, registered proprietor in relation to a primary allotment or land which at any time forms or formed part of a primary allotment specified in column two of an item in Schedule One, means a person appearing from the Register to be a proprietor of—

(a) an estate in fee simple; or

(b) an estate for life—

in the primary allotment or land.

7 Recordings in Register

s. 7

(1) The Registrar of Titles shall give effect to the vesting of a common allotment in a body corporate specified in column three of an item in Schedule One without an application and without payment of a fee.

S. 7(2) amended by No. 18/1989
s. 13(Sch. 2 item 83(b)).

(2) The Registrar of Titles shall make such other recordings in the Register as the Registrar thinks appropriate for the purposes of this Act.

8 Implied rights and easements

s. 8

(1) Upon approval by the Registrar of Titles of a plan of subdivision specified in column one of an item in Schedule One each primary allotment and common allotment specified in that item has as appurtenant to it all such rights of support, shelter and protection, and for the passage or provision of water, sewerage, drainage, gas, electricity, garbage disposal, air and all other services of whatsoever nature (including telephone, radio, television and similar services) and for window cleaning and other maintenance works over all other primary allotments and common allotment specified in that item, as may from time to time be necessary for the reasonable use or enjoyment of the whole or any part of the primary allotment or common allotment.

(2) The rights created by subsection (1) are easements and carry with them all ancillary rights necessary to make them effective.

(3) A person exercising a right created by subsection (1) must make good all damage done in the exercise of the right.

(4) A person exercising a right created by subsection (1) is entitled to exercise that right only over such part or parts of the encumbered allotments as is reasonable in the circumstances.

9 Application of Strata Titles Act 1967

s. 9

(1) The provisions of sections 15, 16, 17, 18, 19, 20, 21, 22, 23, 30, 31, 32, 33 and 44 of the Strata Titles Act 1967 apply to a body corporate specified in column three of an item in Schedule One as if—

(a) a reference in those sections to "common property" or "the parcel" were a reference to common property (within the meaning of this Act) referred to in that item; and

(b) a reference in those sections to "unit on a registered plan" or "unit" were a reference to a primary allotment or, if the context so requires, any part of a primary allotment specified in that item; and

(c) a reference in those sections to "unit entitlement" or "unit liability" were a reference to unit entitlement or unit liability (if any) set out in by-laws applying to that item; and

(d) a reference in those sections to "by-laws" were a reference to by-laws (within the meaning of this Act) referred to in that item; and

(e) the reference in section 15(1)(d) to sections 28 and 29 did not appear; and

(f) in section 19 the words ", or in the case of a member which is a body corporate by virtue of the Strata Titles Act 1967 by any member of that body corporate," appeared after the words "licensee or invitee"; and

(g) in section 23 the words ", or in the case of a member which is a body corporate by virtue of the Strata Titles Act 1967, on the application of a member of that body corporate or a purchaser or mortgagee from such member," appeared after the words "mortgagee of a unit"; and

(h) in section 30—

(i) in subsection (1) the words "a member of the body corporate (including in the case of a member which is a body corporate by virtue of the Strata Titles Act 1967 any member of that body corporate)" appeared after the words "a creditor of the body corporate"; and

(ii) in subsection (2) the words "section 16 of this Act" appeared in place of the words "this Act"; and

(i) in section 32—

s. 9

(i) in subsection (1) the words "in a prominent position on or near the common property" appeared in place of the words "at or near the front building alignment of the parcel"; and

S. 9(1)(i)(ii) amended by No. 18/1989
s. 13(Sch. 2 item 83(c)).

(ii) in subsections (1)(a), (1)(b) and (2)(a) the words "recorded in the Register" appeared in place of the words "shown on the registered plan"; and

S. 9(1)(i)(iii) amended by No. 18/1989
s. 13(Sch. 2 item 83(d)).

(iii) in subsection (3) the words "The notification shall be in a form acceptable to the Registrar and the Registrar shall amend the Register accordingly" appeared in place of the words "The notification shall be in the form prescribed by the regulations and the Registrar shall amend the registered plan accordingly".

10 Duties of body corporate

s. 10

(1) The duties of a body corporate specified in column three of an item in Schedule One, in addition to the duties set forth in section 15 of the Strata Titles Act 1967, include the following—

(a) to observe and comply with the provisions of the car park management prescription and the open space management prescription;

(b) to insure against any liability that may be incurred by any person arising out of or in connexion with the use by that person, or the occupation or ownership by the body corporate, of the common property referred to in that item;

(c) to observe and comply with the terms and conditions upon which any leased property is vested in the body corporate pursuant to this Act;

S. 10(1)(d) amended by No. 18/1989
s. 13(Sch. 2 item 83(e)).

(d) to keep in safe custody the certificate of title of any common allotment vested in the body corporate.

(2) The body corporate, for the purposes of effecting any insurance under subsection (1)(b), is deemed to have an insurable interest in the subject matter of that insurance.

11 Powers of body corporate

(1) The powers of a body corporate specified in column three of an item in Schedule One, in addition to the powers set forth in section 16 of the Strata Titles Act 1967 include the following—

(a) to exercise any powers conferred by, or arising in consequence of, the terms and conditions upon which any leased property referred to in that item is vested in the body corporate pursuant to this Act;

(b) to control, manage, maintain and administer common property referred to in that item for the benefit of all persons having rights to its use and enjoyment;

(c) subject to this Act and to any restrictions and requirements from time to time in force under the Melbourne Metropolitan Planning Scheme, to carry out works and improvements on common property referred to in that item;

(d) to expend or apply any revenue from, or from the use of, common property referred to in that item in connexion with the performance of any duty or the exercise of any power conferred by this Act or the by-laws.

S. 11(2) amended by No. 86/1989
s. 29(4).

(2) [2]A body corporate specified in an item in Schedule One may, subject to this Act and the by‑laws specified in that item, apply for, or join in an application for, an amendment to any development plan or management prescription from time to time in force under the Prahran Planning Scheme.

12 Additional duties and powers of strata titles bodies corporate

s. 12

(1) The duties of a body corporate within the meaning of the Strata Titles Act 1967 which, by virtue of this Act, becomes a member of a body corporate specified in column three of an item in Schedule One include, in addition to the duties set forth in section 15 of the Strata Titles Act 1967, the duty—

(a) to observe and comply with the provisions of the car park management prescription;

(b) to observe and comply with the by-laws referred to in that item;

(c) to pay to the body corporate so specified any amount which that body corporate determines to be payable pursuant to section 16 of the Strata Titles Act 1967, and any such amount is an administrative expense for the purposes of section 16 of that Act.

(2) The powers of a body corporate within the meaning of the Strata Titles Act 1967 which, by virtue of this Act, becomes a member of a body corporate specified in column three of an item in Schedule One include, in addition to the powers set forth in section 16 of the Strata Titles Act 1967, the power—

(a) to use, exercise and enjoy the rights and privileges pertaining to membership of the body corporate so specified; and

(b) to control and regulate the use, exercise and enjoyment of those rights and privileges by its own members—

but such a power shall not be exercised except in accordance with a resolution of the first-mentioned body corporate or on such other authority as the first-mentioned body corporate may from time to time, by resolution, determine.

13 Body corporate not to sell etc. or hold certain property

s. 13

(1) A body corporate specified in column three of an item in Schedule One—

(a) must not sell, transfer, mortgage or otherwise dispose of the common property specified in that item or any part of it or any interest in it unless authorized by this Act; and

(b) has no power to hold any real property other than the common property specified in that item.

14 Rules

s. 14

(1) A body corporate specified in an item in Schedule One may, by special resolution, make rules for and with respect to any of the following—

(a) the care, protection and management of common property specified in that item;

(b) the preservation of good order and decency on common property specified in that item;

(d) the safety of persons on common property specified in that item;

(e) the issuing of permits or licences and entering into agreements in relation to common property specified in that item;

(f) the imposition, collection and receipt of tolls, fees, rents and other charges for or in respect of entry upon, or use of, common property or any specified part or parts of common property specified in that item by any persons, animals or vehicles or any improvements, services or facilities thereon;

(g) imposing a penalty, not exceeding two penalty units, for a contravention of the rules;

(h) any other matter relating to the control, management, maintenance and administration of common property specified in that item.

S. 14(2) amended by No. 86/1989
s. 29(4).

(2) [3]A rule of a body corporate specified in an item in Schedule One is void if it is inconsistent with the provisions of this Act or the Strata Titles Act 1967 (other than the by-laws under that Act) or the Prahran Planning Scheme or the by-laws referred to in that item.

(3) A rule of a body corporate is void—

(a) if a copy of the rule has not been submitted to the Governor in Council within 14 days after it is made; or

(b) if it is disallowed by the Governor in Council within 56 days after a copy is submitted to the Governor in Council.

(4) A body corporate incorporated by virtue of this Act must—

(a) keep a record of its rules as in force for the time being; and

(b) make a copy of the rules available for inspection by any person at the body corporate's address for service of documents during normal business hours; and

(c) on application made by a person and on payment of such reasonable fee (if any) as is fixed by the rules, give the person a copy of the rules as then in force.

15 By-laws of body corporate

s. 15

(1) The by-laws of a body corporate specified in column three of an item in Schedule One are the by-laws referred to in column six of that item as in force for the time being.

(2) A body corporate may, by unanimous resolution, make by-laws, including by-laws amending or repealing by-laws referred to in subsection (1).

(3) If a body corporate specified in column three of an item in Schedule One makes or amends a by-law under subsection (2), the by-law so made or repealed is void if it—

S. 15(3)(a) amended by No. 86/1989
s. 29(4).

(a) [4]is inconsistent with the provisions of this Act or the Strata Titles Act 1967 (other than the by-laws under that Act) or the Prahran Planning Scheme; or

(b) relates or purports to relate to matters other than—

(i) the control, management, administration, use or enjoyment of a primary allotment or the common property referred to in that item;

(ii) the regulation of the body corporate;

s. 15

(iii) the exercise of the powers or performance of the duties by the body corporate or the conferring or imposing on the body corporate of powers or duties incidental to those conferred or imposed by or under this Act or the Strata Titles Act 1967; or

(c) prohibits or restricts or purports to prohibit or restrict any devolution of or dealing with a primary allotment referred to in that item in Schedule One.

(4) An addition to, or amendment or repeal of, the by-laws or any of them under subsection (2) has no effect until the record of the by-laws kept by the body corporate in accordance with subsection (5) has been altered accordingly.

(5) A body corporate specified in an item in Schedule One must—

(a) keep a record of its by-laws as in force for the time being; and

(b) make a copy of the by-laws available for inspection by any person at the body corporate's address for service of documents during normal business hours; and

(c) on application made by a person, and on payment of such reasonable fee (if any) as is fixed by the by-laws, give the person a copy of the by-laws then in force.

(6) The by-laws specified in an item of Schedule One are binding on—

(a) the body corporate specified in that item; and

s. 15

(b) the members of that body corporate; and

(c) insofar as they prohibit certain acts, any other person in actual occupation of a primary allotment so specified as if the person were a member of that body corporate—

and enure for the benefit of the body corporate and each member of the body corporate.

(7) A body corporate incorporated by virtue of this Act and each member of such a body corporate is entitled to apply by summons to the Supreme Court for an order—

(a) enforcing the performance of or restraining the breach of any by-law of the body corporate; or

(b) awarding damages for any loss or damage arising out of the breach of any by-law of the body corporate—

by any person on whom the by-law is binding.

16 Unit entitlement and unit liability

s. 16

(1) The unit entitlement or unit liability of a member of a body corporate incorporated by virtue of this Act as determined by its by-laws may be amended or altered only—

(a) by unanimous resolution of the members of the body corporate; or

(b) by operation of the by-laws of the body corporate upon consolidation or subdivision of land; or

(2) In determining an application to amend or alter the unit entitlement of a member of a body corporate specified in an item in Schedule One, the Supreme Court shall have regard to the value of the primary allotments at the time the application is made.

(3) In determining an application to amend or alter the unit liability of a member of a body corporate specified in an item in Schedule One, the Supreme Court shall have regard to the amount which it would be just and equitable to require each member to contribute towards the expenses of the body corporate in controlling managing and administering the common property referred to in that item, in paying any premiums of insurance and in discharging or performing any other obligation which the body corporate is or may be required to discharge or perform under this Act or its by-laws.

(4) On an application to the Supreme Court under subsection (1)(c), a person claiming to have any interest in the whole or any part of a primary allotment or land which at any time forms or at any time formed part of a primary allotment affected or that may be affected by the application has a right to appear and be heard.

17 Destruction of or damage to common property

s. 17

(1) If a building or other improvement on common property referred to in an item in Schedule One is damaged or destroyed, the Supreme Court may, on the application of a body corporate referred to in Schedule One, an administrator or member of the body corporate or a registered mortgagee of a primary allotment referred to in Schedule One, by order settle a scheme, including provisions for the reinstatement in whole or in part of the building or other improvement.

(2) On any application to the Supreme Court under subsection (1), a person claiming to have any estate or interest in the whole or any part of a primary allotment or land which at any time forms or at any time formed part of a primary allotment or the common property or any insurer who has effected insurance on the building or other improvement on the common property or any part of the common property has the right to appear and be heard.

(3) In the exercise of its powers under subsection (1), the Supreme Court may make such orders as it deems expedient or necessary for giving effect to the scheme including any one or more of the following orders—

(a) an order directing the application of any insurance money;

(b) an order directing payment of money by or to a body corporate specified in Schedule One or by or to any person;

(d) an order imposing such terms and conditions as it thinks fit.

(4) The Supreme Court may from time to time cancel, vary, modify or discharge any order made by it under this section.

18 Rights in relation to open space

s. 18

(1) Any person is entitled to enter upon by means of defined access ways and use between the hours of sunrise and sunset any area forming part of common property referred to in an item in Schedule One, being an area described as public open space in an open space management prescription, subject to compliance with the rules of the body corporate referred to in that item relating to the area as in force for the time being.

(2) A person who—

(a) is a member of a body corporate specified in column three of an item in Schedule One; or

(b) is a member of a body corporate under the Strata Titles Act 1967 that is a member of a body corporate so specified—

may use at any time the common property referred to in any item of Schedule One that is described as public open space in an open space management prescription subject to the by-laws referred to in that item and the rules of the body corporate so specified.

S. 19 substituted by No. 74/1994
s. 7.

19 Certain provisions of certain Acts not to apply

s. 19

(1) Section 18 of the Subdivision Act 1988 does not apply to any proposal to subdivide the South Yarra land or any building on that land.

(2) Land which forms part of the Central Green, while vested in a body corporate specified in column three of item 1 in Schedule One—

(a) is not rateable property within the meaning and for the purposes of the Local Government Act 1989; and

S. 19(2)(b) substituted by No. 85/2006 s. 173(Sch. 1 item 13).

(b) is not rateable under the Water Act 1989 (except for the making and payment of a fee imposed under a tariff for water supplied and sewerage services provided under that Act); and

S. 19(2)(c) amended by No. 88/2005 s. 117(Sch. 2 item 6).

(3) In this section Central Green means the area of open space being Lot 6 on Plan of Subdivision No. LP204346R lodged at the Office of Titles, and being the land more particularly described in folio of the Register Volume 9722 Folio 728.

S. 20
repealed by No. 74/1994
s. 6(d).

21 Amendment of Schedules

S. 21(1)
repealed by No. 74/1994
s. 6(c).

(2) The Governor in Council may, on the unanimous resolution of a body corporate specified in column three of an item in Schedule One by Order published in the Government Gazette, direct that that item or the part of Schedule Two or Three that relates to that item be amended in accordance with the Order.

(3) The Governor in Council must not make an Order under subsection (2) unless satisfied that there are circumstances making it necessary or desirable so to do.

(4) A body corporate referred to in subsection (2) must forthwith notify the Registrar of Titles in writing of the making of an Order under that subsection.

S. 22
repealed by No. 74/1994
s. 6(d).

s. 21

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Sch. 1

SCHEDULE TWO

Sch. 2

Terms and Conditions of Lease

Part 1—Leased property referred to in item 1 of Schedule One.

(1) The term of the Lease is ninety-nine (99) years commencing on the date upon which the plan of subdivision referred to in item 1 of Schedule One was approved by the Registrar of Titles under the Transfer of Land Act 1958 ("the Commencement Date").

(2) In this lease—

by-law means a by-law set out in part one of Schedule Three;

designated car parking areas means the areas shown cross-hatched on plans 1, 2 and 3 in clause 15 of this part of this Schedule;

leased property means—

(a) the areas shown hatched on the numbered primary allotments shown on plans 1, 2 and 3 in clause 15 of this part of this Schedule; and

(b) the portion of primary allotment numbered 4 on the plan from time to time appropriated and set aside by the registered proprietor of that primary allotment under clause 14 of this part of this Schedule as a means of access to the areas shown hatched and the area shown cross-hatched on those plans;

lessee means the body corporate specified in column three of item one in Schedule One;

lessor means each registered proprietor of a primary allotment specified in column two of item one in Schedule One;

primary allotment means a primary allotment specified in column two of item one in Schedule One.

The lessee acknowledges that—

(a) parts of the primary allotments of which the lessor is the registered proprietor are set aside, designated and appropriated as car parking areas (the Designated Car Parking Areas) for the benefit and use of the lessor and the successors in title of the lessor, the registered proprietors from time to time of any allotment or unit created by a subdivision or strata subdivision of any such primary allotment and the lawful occupiers of any such primary allotment, allotment or unit (the Car Park Users); and

(b) the Car Park Users are entitled to the exclusive use and occupation of the Designated Car Parking Areas and the Designated Car Parking Areas are not included in the Leased Property.

Sch. 2

The lessee shall make available for the use and occupation of the lessor and the successors in title of the lessor the car parking areas allocated to the lessor by the By-laws (the Allocated Car Parking Areas) in accordance with the rights given to the lessor and the successors in title of the lessor pursuant to the By-laws notwithstanding that such car parking areas form part of the Leased Property.
The lessee shall permit the Car Park Users at all times to go and pass and repass through the Leased Property for the purpose of access to and egress from the Designated Car Parking Areas and the Allocated Car Parking Areas and such other areas in which there are situated storage areas heating or air-conditioning plant and any other services or facilities which are appurtenant to or benefit any primary allotment, unit or any part thereof.
The lessee shall supervise, clean and maintain or cause to be supervised, cleaned and maintained in good and proper repair the Leased Property including the Allocated Car Parking Areas and the Designated Car Parking Areas so as to ensure that those areas can be used properly for the purposes of parking cars throughout the term hereby created.
The lessee shall provide or cause to be provided throughout the term hereby created a system of security to secure the whole of the Leased Property including the Allocated Car Parking Areas and the Designated Car Parking Areas and to secure each separate area from the other areas where required.

Sch. 2

The lessee shall keep open or cause to be kept open throughout the term the Leased Property for public car parking between the hours of 7 a.m. and 9 p.m. on days other than Saturdays, Sundays and bank holidays and between the hours of 7 a.m. and 1 p.m. on Saturdays and shall otherwise provide access to the Car Park Users of the Designated Car Parking Areas and Allocated Car Parking Areas twenty-four (24) hours a day.
The lessee shall throughout the term insure the Leased Property in the name of the lessor and the lessee under a policy of insurance with a reputable and solvent insurer for the full replacement value against the risks of damage by fire, storm, tempest, rainwater, flood, water discharge, vehicle or aircraft impact, explosion, earthquake, riots, strikes and malicious damage, in respect of liability for public risk and in respect of any other risks and for such amounts as the lessor may from time to time reasonably require.
(1) The lessee shall not assign or part with possession of or mortgage the Leased Property or any part thereof but may sub-let the whole of the Leased Property upon and subject to the terms and conditions set out in subclause (2).

Sch. 2

(2) The form and terms and conditions of the sub-lease are to be approved by the lessor in writing. In particular and without limiting the foregoing such sub-lease shall contain a provision that—

(a) it shall not be assigned or transferred without the consent in writing of the lessor first had and obtained and the sub-lessee shall not be entitled to further sub-let the Leased Property;

(b) the sub-lessee shall provide the Car Park Users with access to and egress from, twenty-four hours a day, the Designated Car Parking Areas and the Allocated Car Parking Areas;

(c) the sub-lessee shall provide or cause to be provided a system of security to secure the whole of the Leased Property including the Allocated Car Parking Areas and the Designated Car Parking Areas and to secure each separate area from the other areas where required;

(d) the sub-lessee shall secure, supervise, clean and maintain in good and proper repair or cause to be supervised, cleaned and maintained in good and proper repair the Leased Property including the Allocated Car Parking Areas and the Designated Car Parking Areas;

(e) the sub-lessee shall be obliged to provide and maintain and to supervise such procedures and equipment as are necessary to facilitate the access and egress referred to in paragraph (b) hereof and the security referred to in paragraph (c) hereof;

(f) the sub-lessee shall be obliged to comply with the By-laws;

(g) the sub-lessee shall be obliged to comply with the car park management prescription.

This Lease shall not be varied, altered or amended save in accordance with or by the amendment of the South Yarra Project (Subdivision and Management) Act 1985.

Sch. 2

During the term hereby created the lessee shall observe and perform such obligations required to be carried out under the By‑laws and shall ensure at all times that any sub-lessee of the Leased Property does the same.
If at any time during the term hereby created any of the lessor or the successors in title of the lessor in relation to the primary allotments decide to further develop or redevelop the said primary allotments or any part thereof in such a manner as will disturb or interfere with the rights granted hereunder or the use and occupation of the Leased Property for the purpose of car parking and any lifts ancillary thereto the lessor and the successors in title of the lessor shall have the right to carry out such redevelopment or development works notwithstanding that the use and enjoyment of the Leased Property may be interfered with and affected and during the period of any such works the lessor, the successors in title of the lessor and their lawful servants, agents, consultants and contractors shall have the right to enter upon and use the Leased Property for the purposes of such works and shall have the right to further develop or redevelop the Leased Property for the purposes of such works and alter the physical configuration of the same and upon completion of such works the rights and obligations created hereunder shall continue notwithstanding the form and layout of the Leased Property is different from the form and layout at the date hereof.
If during the period of any works as referred to in clause 12 hereof, the lessee or any person claiming through the lessee suffers any financial loss and damages as a result of such works, the lessor shall pay to the lessee or such person compensation in respect of such loss and damage and if in the event of any dispute difference or disagreement arising in relation to the liability to pay such compensation or the quantification thereof upon such dispute difference or disagreement shall be referred to the arbitration of the President for the time being of the Law Institute of Victoria or the nominee of the President who shall determine and resolve such dispute difference or disagreement.
(1) The registered proprietor for the time being of primary allotment numbered Lot 4 shall appropriate and set aside a means of access for vehicular and pedestrian traffic over that primary allotment to the leased property and, subject to subclause (3), may from time to time vary or change such means of access.

Sch. 2

(2) The appropriation and setting aside of the means of access over primary allotment numbered Lot 4 and any variation or change thereof shall be by notice in writing to the lessor and the lessee and may be identified by means of a plan or otherwise as appropriate.

(3) The aforesaid means of access over primary allotment numbered Lot 4 shall at all times be adequate to enable reasonable access and egress by vehicles and pedestrians to and from the areas shown hatched and the area shown cross-hatched on plan 2 in clause 15 of this Schedule.

The plans of the leased property are as follows:

View image in the official source

Sch. 2

View image in the official source

Sch. 2

View image in the official source

Sch. 2

_______________SCHEDULE THREE

Sch. 3

By-Laws

Part 1—By-laws referred to in item 1 of Schedule One.

(1) In these by-laws, the expressions car park management prescription, development plan and open space management prescription have the same meaning as in the South Yarra Project (Subdivision and Management) Act 1985.

(2) In these by-laws body corporate, common allotment, common property and leased property respectively mean the body corporate, a common allotment, common property or leased property referred to in item 1 of Schedule One.

The address of the body corporate for service of documents for the purposes of section 32 of the Strata Titles Act 1967 is c/o Ellison Hewison & Whitehead, 379 Collins Street, Melbourne.
The unit entitlement and unit liability of the members of the body corporate are as set out in the following Table as amended from time to time ("the Table to By-law 3").

TABLE TO BY-LAW 3

Column 1 Column 2 Column 3
Registered Proprietor of Lot No. Unit Entitlement Unit Liability
1 100 000 100 000
2 100 000 100 000
3 100 000 100 000
4 100 000 100 000
5 100 000 100 000
TOTAL 500 000 500 000

Upon approval by the Registrar of Titles of a plan of consolidation of two or more allotments or parcels specified in column 1 of the Table to By-law 3 the Table shall be amended—

(a) to specify the plan of consolidation in column 1 in place of the allotments or parcels that have been consolidated; and

(b) to specify in columns 2 and 3 respectively opposite the plan of consolidation the total unit entitlement and total unit liability of the allotments or parcels that have been consolidated.

Upon approval by the Registrar of Titles of a plan of subdivision of an allotment or parcel specified in column 1 of the Table to By-law 3 the Table shall be amended—

(a) to specify in column 1 each allotment on the plan of subdivision in place of the allotment or parcel that has been subdivided; and

Sch. 3

(b) to specify in columns 2 and 3 respectively opposite each allotment on the plan of subdivision the unit entitlement and unit liability of the registered proprietor of such allotment as notified to the body corporate in accordance with
By-law 11 by the registered proprietor of the allotment or parcel that has been subdivided, or in default of such notification as determined by the body corporate in accordance with By-law 12.

(a) The outgoings and liabilities of the body corporate shall be borne by the members of the body corporate in the same proportion that their respective unit liability bears to the total unit liability.

(b) The income of the body corporate (if any) shall be distributed or credited to the members of the body corporate in the same proportion that their respective unit entitlement bears to the total unit entitlement.

(1) The body corporate shall keep a plan or plans (as amended from time to time) of the leased property which shows each car parking space located on the leased property.

(2) A plan referred to in subclause (1) as amended from time to time is in these by-laws called the car park plan.

Sch. 3

The members of the body corporate are entitled to the exclusive use and occupation of the car parking spaces shown on the car park plan in accordance with the following Table as amended from time to time ("the Table to By-law 8") and subject to such restrictions as from time to time may be noted on the car park plan by unanimous resolution of the body corporate.

TABLE TO BY-LAW 8

Column 1	Column 2
Registered Proprietor of Lot No.	Entitlement (by reference to spaces shown on car park plan)
1	Car spaces numbered "1"
2	Car spaces numbered "2"
3	Car spaces numbered "3"
4	Car spaces numbered "4"
5	Car spaces numbered "5"

Upon approval by the Registrar of Titles of a plan of consolidation of two or more allotments or parcels specified in column 1 of the Table to By-law 8—

(a) the car park plan shall be amended to show the car spaces set aside for the registered proprietor or proprietors of the allotments or parcels that have been consolidated appropriately re-numbered as car spaces set aside for the registered proprietor of the land delineated on the plan of consolidation;

Sch. 3

(b) the Table to By-law 8 shall be amended—

(i) to specify the plan of consolidation in column 1 in place of the allotments or parcels that have been consolidated; and

(ii) to specify in column 2 opposite the plan of consolidation the manner in which the car spaces have been re-numbered in accordance with paragraph (a) hereof.

Upon approval by the Registrar of Titles of a plan of subdivision of an allotment or parcel specified in column 1 of the Table to By-law 8—

(a) the car park plan shall be amended to allocate (by appropriate numbering or otherwise) the car spaces set aside for the registered proprietor of the allotment or parcel that has been subdivided between the registered proprietors of the allotments created by the subdivision in the manner notified to the body corporate in accordance with By-law 11 by the registered proprietor of the allotment or parcel that has been subdivided, or in default of such notification by the body corporate in accordance with By-law 13;

(b) the Table to By-law 8 shall be amended—

(i) to specify in column 1 each allotment on the plan of subdivision in place of the allotment or parcel that has been subdivided; and

(ii) to specify in column 2 opposite each such allotment the manner in which the car spaces (if any) have been allocated in accordance with paragraph (a) hereof.

The registered proprietor of an allotment or parcel specified in column 1 of the Table to By-law 3 may prior to the approval by the Registrar of Titles of a plan of subdivision of the allotment or parcel notify the body corporate by notice in writing—

(a) of the unit entitlement and unit liability of each allotment created by the subdivision provided that the total unit entitlement and total unit liability of all allotments created by the subdivision shall equal the unit entitlement and unit liability of the allotment or parcel that has been subdivided;

Sch. 3

(b) identifying the car spaces on the car park plan (if any) to be allocated to each allotment to be created by the subdivision provided that the total car spaces allocated to all allotments shall equal in number and correspond in location with the car spaces set aside for the registered proprietor of the allotment or parcel that has been subdivided.

If the registered proprietor of an allotment or parcel that has been subdivided does not give notice pursuant to By-law 11 the body corporate shall determine by resolution—

(a) the unit entitlement and unit liability of each allotment created by the subdivision so that the total unit entitlement and unit liability of all allotments created by the subdivision equals the unit entitlement and unit liability of the allotment or parcel that has been subdivided; and

(b) the number and location of the car spaces (if any) to be set aside for the use of the registered proprietor of each allotment created by the subdivision so that the total car spaces set aside equals in number and corresponds in location with the car spaces set aside for the registered proprietor of the allotment or parcel that has been subdivided.

Each member of the body corporate may at all times use and enjoy the common property for any purpose for which it may lawfully be used.
The body corporate shall subject to any rules made by it admit members of the public to the areas shown on the plan forming part of the open space management prescription as public open space and permit members of the public to use and enjoy the said public open space between sunrise and sunset.
The body corporate shall comply with requirements of the car park management prescription and the open space management prescription.
The body corporate may upon the unanimous resolution of the members apply to the responsible authority administering the Melbourne Metropolitan Planning Scheme for an amendment to the car park management prescription, the open space management prescription or the development plan.

Sch. 3

The body corporate shall perform and observe the terms and conditions of the lease set out in Schedule Two to the Act.
The body corporate shall properly maintain the common property and keep the same clean and tidy and keep all chattels, fixtures and fittings used or intended for use in connexion therewith in a state of good and serviceable repair.
The body corporate shall upon the written request of a member or the registered mortgagee of an allotment or parcel specified in column 1 of the Table to By-law 3 produce to such member or registered mortgagee, or such other person as is authorized in writing by such member or mortgagee, the current policy or policies of insurance effected by the body corporate and the receipt or receipts for the last premium or premiums in respect thereof.
The by-laws set forth in the First Schedule to the Strata Titles Act 1967 apply, subject to the modifications and adaptations set out hereunder, and such other modifications and adaptations as may be necessary in the context, as if they were set out in full in this Schedule—

(a) By-laws 1, 2, 3, 4 and 32 shall not apply;

(b) the by-laws shall apply as if—

(i) a reference to "common property" were a reference to common property as defined by this Act;

(ii) a reference therein to a "unit" were a reference to an allotment or parcel specified in column 1 of the Table to By-law 3;

(iii) A reference to "this Act" or "the Act" were a reference to the Strata Titles Act 1967.

(c) By-law 5(a) shall apply as if the words "not vested in it by virtue of the Act" appeared after the words "chattel real".

Sch. 3

ENDNOTES

Endnotes

General Information

Minister's second reading speech—

Legislative Assembly: 31 October 1985

Legislative Council: 20 November 1985

The long title for the Bill for this Act was "to make provision for the subdivision and management of land at South Yarra, to amend the South Yarra Project Act 1984 and for other purposes.".

The South Yarra Project (Subdivision and Management) Act 1985 was assented to on 3 December 1985 and came into operation on 11 December 1985: Government Gazette 11 December 1985 p. 4544.

Table of Amendments

Endnotes

This Version incorporates amendments made to the South Yarra Project (Subdivision and Management) Act 1985 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Subdivision Act 1988, No. 53/1988

Assent Date:	31.5.88
Commencement Date:	S. 45(Sch. 2 items 73, 74) on 30.10.89: Government Gazette 4.10.89 p. 2532
Current State:	All of Act in operation

Transfer of Land (Computer Register) Act 1989, No. 18/1989

Assent Date:	16.5.89
Commencement Date:	S. 13(Sch. 2 item 83) on 3.2.92: Government Gazette 18.12.91 p. 3488
Current State:	All of Act in operation

Planning and Environment (Amendment) Act 1989, No. 86/1989

Assent Date:	5.12.89
Commencement Date:	S. 29(4) on 16.2.88: s. 2(3); s. 29(5) on 5.12.89: s. 2(6)
Current State:	This information relates only to the provision/s amending the South Yarra Project (Subdivision and Management) Act 1985

Como Project Act 1994, No. 74/1994

Assent Date:	22.11.94
Commencement Date:	Ss 6, 7 on 22.11.94
Current State:	All of Act in operation

Land Tax Act 2005, No. 88/2005

Assent Date:	29.11.05
Commencement Date:	S. 117(Sch. 2 item 6) on 1.1.06: s. 2
Current State:	This information relates only to the provision/s amending the South Yarra Project (Subdivision and Management) Act 1985

Water (Governance) Act 2006, No. 85/2006

Assent Date:	17.10.06
Commencement Date:	S. 173(Sch. 1 item 13) on 1.7.07: s. 2(3)
Current State:	This information relates only to the provision/s amending the South Yarra Project (Subdivision and Management) Act 1985

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Explanatory Details

Endnotes

S. 3(1) def. of development plan: Section 29(5) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:

29 Statute law revision

(5) Anything done under the South Yarra Project (Subdivision and Management) Act 1985, in accordance with a development plan or management prescription under the Prahran Planning Scheme must, if done on or after 16 February 1988 and before the date of commencement of this section, be taken to be as valid and effective as if, when it was done, subsection (4) of this section were in operation. ↑

S. 11(2): See note 1. ↑
S. 14(2): See note 1. ↑
S. 15(3)(a): See note 1. ↑

1 South Yarra Project (Subdivision and Management) Act 1985

Version No. 005

South Yarra Project (Subdivision and Management) Act 1985

No. 10215 of 1985

Version incorporating amendments as at
18 October 2012

table of provisions

Section Page

1 Purpose 1

2 Commencement 1

3 Definitions 1

4 Objectives 2

5 Act to bind Crown 3

6 Effect of approval of subdivision 3

7 Recordings in Register 5

8 Implied rights and easements 6

9 Application of Strata Titles Act 1967 7

10 Duties of body corporate 9

11 Powers of body corporate 9

12 Additional duties and powers of strata titles bodies corporate 10

13 Body corporate not to sell etc. or hold certain property 11

14 Rules 12

15 By-laws of body corporate 13

16 Unit entitlement and unit liability 16

17 Destruction of or damage to common property 17

18 Rights in relation to open space 18

19 Certain provisions of certain Acts not to apply 19

20 Repealed 19

21 Amendment of Schedules 19

22 Repealed 20

SCHEDULES 21

SCHEDULE 1—Plans of subdivision 21

SCHEDULE 2—Terms and Conditions of Lease 22

SCHEDULE 3—By-Laws 31

ENDNOTES 38

General Information 38
Table of Amendments 39
Explanatory Details 40

Version No. 005

South Yarra Project (Subdivision and Management) Act 1985

No. 10215 of 1985

Version incorporating amendments as at
18 October 2012

The Parliament of Victoria enacts as follows:

1 Purpose

The purpose of this Act is to provide a legal structure for the subdivision and management of certain land at South Yarra.

This Act rests on a handful of structural legal concepts. Set out here are the principal items and how the Act treats them.

South Yarra land. The Act defines the geographic scope: whole of the land delineated on Plan of Subdivision No. LP204346R at the Office of Titles (s 3(1), defn South Yarra land). All further rights, vestings and prescriptions in the Act relate to parcels within that boundary.
Primary allotment, common allotment, common property, leased property. Schedule One cross-references columns listing primary allotments (column two), common allotments (column four) and leased property with the lease terms in Schedule Two (column five). The Act treats common allotments and leased property together as the common property for that item (s 3(1) definitions).
Body corporate. On approval of the specified plan the Act creates a statutory body corporate (s 6(1)(a)). It is not governed by the Companies (Victoria) Code (s 6(2)), has perpetual succession and a common seal and may sue or be sued (s 6(3)). Members are the registered proprietors of primary allotments (s 6(4)).
Vesting and registration mechanics. Vesting of common allotments in the body corporate and vesting of the leasehold interest in leased property happen on Registrar approval of the subdivision plan, and the Registrar shall make the necessary recordings without an application or fee (s 6(1), s 7(1)-(2)). The vesting is stamp duty exempt under the Stamps Act 1958 (s 6(8)).
Implied easements. Approval of the plan creates implied easements appurtenant to each primary and common allotment for necessary rights of support, shelter and the passage/provision of services and for ancillary rights; those are easements with ancillary rights and are exercisable reasonably (s 8(1)-(4)).
Overlay of Strata Titles Act provisions. The Act applies specific sections of the Strata Titles Act 1967 (sections 15-23, 30-33 and 44) to bodies corporate created under this Act, but with textual substitutions and additions to make the terms fit the South Yarra scheme (s 9). The Act also expressly preserves the Strata Titles Act as if incorporated into this Act despite its later repeal (s 3(2)).
Management prescriptions and planning scheme. The development plan, car park management prescription and open space management prescription are planning instruments under the Prahran Planning Scheme that function as operative constraints and duties on the body corporate (definitions, s 10(1)(a), s 11(2), Schedule Three by‑laws 15 and 16).
Lease terms for leased property. Schedule Two sets out a 99‑year lease in favour of the body corporate for the leased property described in Schedule Two Part 1. The lease contains express operational duties: maintenance, security, opening hours for public car parking, insurance, constraints on assignment and a requirement that sub‑leases contain specified protections for car park users (Schedule Two clauses 1-11, 14).
By‑laws and rules. The Act distinguishes between the by‑laws supplied in Schedule Three (binding and modifiable only by unanimous resolution, s 15) and rules that a body corporate may make by special resolution (s 14). Rules are subject to submission to the Governor in Council and may be void if inconsistent with this Act, the Strata Titles Act, the Prahran Planning Scheme or the by‑laws referred to in the item (s 14(2)-(3)).

These concepts create layered property, statutory governance and planning controls. The Act treats the body corporate as a statutory actor with both proprietary rights and regulatory duties anchored in the schedules and in selected Strata Titles Act provisions as adapted for the South Yarra context (s 6, s 9, s 10-s 15, Schedules Two and Three).

State actors, landowners, occupiers and the public all have defined roles and stakes created by the Act.

Registered proprietors of primary allotments are the members of the body corporate (s 6(4)(a)). Their legal status as members changes on consolidation, subdivision or strata subdivision as set out in s 6(4)(b)-(d). Membership carries both rights (e.g. entitlement to common property use; Sch 3 by‑law 13) and liabilities (e.g. contribution to outgoings per unit liability; Sch 3 by‑law 6).
The statutory body corporate created by the Act is a corporate legal entity that holds the common allotments and leasehold interests, exercises management and maintenance powers, insures, keeps title deeds in safe custody, and is the responsible party for enforcing by‑laws and rules (s 6(1)(b)-(c), s 10(1)(b)-(d), s 11).
Owners and occupiers using allocated car parking spaces are beneficiaries under the lease and the by‑laws. The lease and by‑laws identify "Car Park Users" and set out exclusive use rights and access protections (Schedule Two clauses 2-4; Sch 3 by‑law 8).
Members of strata bodies corporate that become members of the statutory body corporate are affected by additional duties and powers as specified in s 12. Those strata bodies corporate have to comply with car park prescriptions, by‑laws, and contribute administrative expenses payable under s 16 of the Strata Titles Act 1967 (s 12(1)-(2)).
The public is affected to the extent parts of the common property are designated public open space. Section 18 entitles any person to enter and use those areas between sunrise and sunset by means of defined access ways, subject to the body corporate's rules. Schedule Three by‑law 14 requires the body corporate to admit members of the public to public open space during those hours.
The Crown is bound by the Act (s 5). Certain public law implications arise because the Act alters statutory duties and taxes applicable to parts of the property: Central Green is non‑rateable under the Local Government Act 1989 and exempt from land tax while vested in the body corporate (s 19(2)). The Act also exempts the vesting from stamp duty (s 6(8)).
Planning authorities, the Registrar of Titles and the Governor in Council have procedural roles: the Registrar records vestings and makes entries in the Register (s 7); the Governor in Council may disallow rules and may amend Schedules on a unanimous resolution of the body corporate (s 14(3), s 21).
Insurers and contractors who provide maintenance, security and repair services will be engaged under the body corporate's insurance and maintenance obligations in Schedule Two and in the by‑laws (s 10(1)(b), Schedule Two clauses 5-9, Sch 3 by‑law 18).

Who pays: financial liabilities fall on body corporate members in proportion to unit liability (Sch 3 by‑law 6(a)); the body corporate can impose fees, tolls and charges for use of common property (s 14(1)(f)), and the leased property must be insured and maintained at the lessee/body corporate's cost (Schedule Two clauses 5-9). Who decides: the body corporate (by ordinary, special or unanimous resolution as the Act prescribes) makes rules, by‑laws (unanimous), and can apply for planning amendment to the responsible authority (s 14(1), s 15(2), s 11(2), Sch 3 by‑law 16). The Supreme Court intervenes for disputes, damages, enforcement and for schemes after destruction or damage to common property (s 15(7), s 17).

This Act assigns specific duties to the body corporate and confers rights on members, the public and third parties. The principal duties and rights are set out below with section references.

Duties of the body corporate

Compliance duties: observe and comply with the car park management prescription and the open space management prescription (s 10(1)(a); Sch 3 by‑law 15-16). These are planning‑scheme based management prescriptions that the body corporate must follow.
Insurance: the body corporate must insure against liability arising from use or occupation of the common property, and is deemed to have an insurable interest for that purpose (s 10(1)(b), s 10(2)). Schedule Two extends insurance obligations for the leased property, requiring replacement‑value policies and public risk cover (Schedule Two clause 8).
Custody of title: keep the certificate of title of any common allotment in safe custody (s 10(1)(d)).
Maintenance and operation: control, manage, maintain and administer common property for the benefit of persons with rights to use it; expend revenue arising from common property on duties and powers under the Act or by‑laws (s 11(1)(b), s 11(1)(d); Sch 3 by‑law 18). The lease imposes specific maintenance and security obligations on the lessee/body corporate for the leased property and designated car parking areas (Schedule Two clauses 5-7).
Performance of lease terms: observe and perform all obligations in Schedule Two (Sch 3 by‑law 17; Schedule Two clause 11).

Powers of the body corporate

Proprietary and enforcement powers: sue for and in respect of damage to common property whether or not the wrongdoer is a member (s 6(6)). The body corporate may issue permits, enter agreements, and collect tolls, fees, rents and charges for entry to or use of common property (s 14(1)(e)-(f)).
Works and improvements: subject to the Act and Melbourne Metropolitan Planning Scheme restrictions, carry out works and improvements on common property (s 11(1)(c)).
Governance: make rules by special resolution on matters listed in s 14(1) and pass by‑laws by unanimous resolution to supplement Schedule Three, subject to consistency constraints and formal record-keeping (s 14, s 15).

Rights of members and occupiers

Use and enjoyment of common property: each member may use common property for lawful purposes, and allocation of costs and distributions of income are governed by unit entitlement/unit liability tables (Sch 3 by‑law 6; Sch 3 by‑law 13).
Exclusive car parking rights: members have exclusive use of car spaces allocated to them on the car park plan (Sch 3 by‑law 8). The lease recognises Designated Car Parking Areas reserved for Car Park Users (Schedule Two clauses 2-3).
Access rights: Car Park Users have a right of passage through leased property to access parking areas (Schedule Two clause 4).
Public access rights: any person may enter and use public open space areas between sunrise and sunset via defined access ways subject to compliance with body corporate rules (s 18(1); Sch 3 by‑law 14).

Limits, constraints and protections

Disposal constraints: the body corporate must not sell, transfer, mortgage or otherwise dispose of the common property or any interest in it unless authorised by the Act; it has no power to hold real property other than that specified (s 13).
By‑law and rule limitations: rules and by‑laws are void if inconsistent with this Act, the Strata Titles Act (other than by‑laws under that Act), or the Prahran Planning Scheme; further procedural constraints apply (s 14(2), s 15(3)(a)).
Unit entitlement and liability change controls: changes to unit entitlement/unit liability may occur only by unanimous resolution, by operation of the by‑laws on consolidation/subdivision, or by Supreme Court order; the Court must have regard to the value of primary allotments and fairness in contributions (s 16).

Remedies and enforcement pathways

Administrative remedies: a rule is void if not submitted to the Governor in Council within 14 days or if disallowed within 56 days (s 14(3)); the Governor in Council has a disallowance oversight role.
Civil enforcement: members and the body corporate may apply to the Supreme Court to enforce or restrain breaches of by‑laws and obtain damages (s 15(7)); the Supreme Court has expansive powers to settle schemes and direct application of insurance moneys, payments and costs after damage or destruction of common property (s 17).

Taken together, the duties are operational (maintenance, security, insurance), governance (rule and by‑law making within constrained processes), and fiduciary/administrative (custody of title, allocation of costs by unit liability). Rights primarily secure use of designated car parking and common areas, and public access to open space with defined temporal limits.

The Act combines administrative nullity mechanisms, civil enforcement, limited penal sanctions for rule breaches, and judicial supervisory powers. The principal enforcement provisions are as follows.

Civil remedies through the Supreme Court. The body corporate and individual members may seek the Supreme Court's intervention. The Supreme Court may enforce by‑laws, award damages, and on application settle a comprehensive scheme for reinstatement where buildings or improvements on common property are damaged or destroyed; it may direct application of insurance money and make orders for payments and costs, and impose terms and conditions as necessary (s 15(7), s 17(1)-(4)). The Court may vary or discharge orders made under s 17(4).
Private enforcement by the body corporate. The body corporate can sue for damages or injury to the common property caused by any person, whether or not a member (s 6(6)). That is a direct statutory right to litigate property damage claims.
Penal sanction for rule breaches. The Act allows a body corporate to impose a penalty not exceeding two penalty units for contravention of its rules (s 14(1)(g)). The level and recovery mechanism for that penalty are not further specified in the Act; it is an internal enforcement tool the body corporate may adopt when making rules by special resolution.
Administrative invalidity of rules. A rule is void if inconsistent with the Act, the Strata Titles Act (other than by‑laws under that Act), the Prahran Planning Scheme, or the by‑laws referred to in the Schedule item (s 14(2)). Further, a rule is void if a copy is not submitted to the Governor in Council within 14 days of its making, or if the Governor in Council disallows it within 56 days after submission (s 14(3)). This gives an administrative check and a process for invalidation without court proceedings.
Voidness of by‑laws that are inconsistent. By‑laws created or amended by unanimous resolution are void if inconsistent with the Act or the Strata Titles Act (except for by‑laws under that Act), or if they purport to prohibit or restrict devolution/dealing in primary allotments (s 15(3)(a), s 15(3)(c)). This imposes a rule‑of‑law limitation on the exercise of unanimous power.
Registrar actions. The Registrar of Titles must give effect to vesting and make necessary recordings; the Registrar is also empowered to make other recordings in the Register as the Registrar thinks appropriate for the purposes of the Act (s 7(1)-(2)). Registrar action is procedural but has legal effect over titles and memberships.
Immunities and protections not created. The Act does not create statutory criminal offences or wide coercive administrative penalties beyond the two‑penalty‑unit cap for rule breaches. Enforcement therefore sits largely in civil processes,contractual, equitable and property litigation, and administrative invalidity.

Enforcement burdens and pathways in practice

Litigation is the core compulsion for disputes about by‑laws, damage to property, unit entitlement changes, and interpretation of the lease and by‑laws. The Act empowers the Supreme Court to make comprehensive orders in s 17 and to determine by‑law enforcement claims in s 15(7).
Internal governance controls (submission of rules to the Governor in Council, unanimous resolutions for by‑law change) operate as pre‑emptive administrative enforcement: non‑compliant rules can be voided without a court challenge, and the Governor in Council may disallow rules within 56 days of submission (s 14(3)).
Monetary penalties available to the body corporate for rule breaches are modest (maximum two penalty units under s 14(1)(g)) and will likely be supplementary to civil remedies such as damages and injunctive relief.

The enforcement picture is therefore predominantly civil and administrative, with the Supreme Court as primary arbiter for contested rights, remedies and schemes after destruction or damage to common property.

The Act explicitly cross‑references and modifies a number of Victorian statutes and planning instruments. The interactions are set out squarely in the text.

Strata Titles Act 1967. The Act incorporates specified provisions of the Strata Titles Act 1967 and modifies their application to the South Yarra bodies corporate (s 3(2), s 9). The Act applies sections 15-23, 30-33 and 44 as if terms like "common property" and "unit" mean the definitions in this Act, and with textual substitutions to fit the South Yarra structure (s 9(1)(a)-(d), (f)-(i)). The Act therefore imports a strata governance framework but reshapes it for this bespoke scheme.
Subdivision Act 1988. The Act exempts proposals to subdivide the South Yarra land from s 18 of the Subdivision Act 1988 (s 19(1)). The endnotes record that amendments from the Subdivision Act 1988 were incorporated into this Act (Endnotes, Table of Amendments).
Companies (Victoria) Code. The Act makes the statutory bodies corporate non‑companies: the Companies (Victoria) Code does not apply to a body corporate specified in Schedule One (s 6(2)). The body corporate is a statutory corporation with perpetual succession (s 6(3)).
Transfer of Land and Registrar processes. The Act prescribes a Registrar function under the Transfer of Land Act 1958: vestings and recordings are to be made by the Registrar without application or fees (s 6(1), s 7(1)-(2)). Amendments from the Transfer of Land (Computer Register) Act 1989 affected s 7 and cross‑references (Endnotes).
Prahran Planning Scheme and Melbourne Metropolitan Planning Scheme. The Act makes the development plan and specific management prescriptions part of the governance framework: the definitions refer to development plans and the body corporate must comply with car park and open space management prescriptions that form part of the Prahran Planning Scheme (s 3 definitions, s 10(1)(a), Sch 3 by‑laws 15-16). Works on common property must observe the Melbourne Metropolitan Planning Scheme's restrictions (s 11(1)(c)).
Local Government Act 1989, Water Act 1989, Land Tax Act 2005. Section 19 makes particular fiscal exemptions for a defined area called Central Green while vested in the body corporate: it is not rateable under the Local Government Act 1989, is not rateable under the Water Act 1989 except for tariffs for water and sewerage, and is exempt from land tax under the Land Tax Act 2005 (s 19(2)(a)-(c)).
Stamps Act 1958. The vesting of land or an interest in land under s 6(1) is expressly exempt from stamp duty (s 6(8)).
Strata Titles Act by‑laws. The by‑laws in Schedule Three incorporate and adapt the First Schedule by‑laws of the Strata Titles Act 1967 with specified exclusions and modifications (Sch 3 by‑law 20). This is a textual and substantive overlay, producing a hybrid corporate governance regime: part statutory (this Act), part adapted strata by‑laws, and part planning prescriptions.
Supreme Court jurisdiction and arbitration. The Act uses the Supreme Court for orders under s 15 and s 17. Schedule Two references arbitration by the President of the Law Institute of Victoria or nominee in one clause relating to compensation for loss during redevelopment (Schedule Two clause 13). This inserts an arbitration route by agreement in the lease terms.

Net effects of interactions

The Act creates a tightly integrated legal environment where property title adjustments, statutory incorporation of bodies corporate, rules and by‑laws, planning prescriptions and limited fiscal exemptions interact. The Strata Titles Act features are selectively imported, producing a bespoke governance model rather than a full application of standard strata law (s 9, Sch 3 by‑law 20).
Because the Act supplants some statutory regimes for the South Yarra land (e.g., overrides s 18 of the Subdivision Act 1988 in relation to South Yarra proposals, s 19(1)), the usual subdivision controls are displaced for that land and replaced by the Act's bespoke arrangements.
Administrative oversight is retained through the Governor in Council's role in disallowing rules and amending Schedules on unanimous resolution of a body corporate (s 14(3), s 21). The Registrar of Titles is the mechanistic actor that gives effect to title changes (s 7).
Fiscal interactions are explicitly adjusted for Central Green and for stamp duty, which may alter public revenue flows that would otherwise apply under the general laws (s 6(8), s 19(2)).

All statutory cross‑references and modifications are explicit in the text; the Act therefore defines its own relationship with other statutory regimes rather than leaving it implied.

The Act contains its own endnotes that record the legislative instruments which have amended it. The endnotes list the relevant amending Acts, the assent dates, and commencement or operation dates for the relevant provisions. The principal amendment milestones in the source are:

Subdivision Act 1988 (No. 53/1988). Assent date 31 May 1988. Commencement of the identified amendments (s 45(Sch. 2 items 73, 74)) occurred on 30 October 1989 (Government Gazette 4.10.89 p. 2532). These amendments adjusted definitions and cross‑references; for instance s 3(1) definition of development plan was amended by No. 86/1989 and s 3(2) was inserted by No. 53/1988 (Endnotes).
Transfer of Land (Computer Register) Act 1989 (No. 18/1989). Assent 16 May 1989. Commencement of s 13(Sch. 2 item 83) was 3 February 1992 (Government Gazette 18.12.91 p. 3488). The Transfer of Land amendments affected s 7 and s 9 textual replacements (Endnotes, and notes in the body of the Act).
Planning and Environment (Amendment) Act 1989 (No. 86/1989). Assent 5 December 1989. Commencement of s 29(4) on 16 February 1988 and later dates as noted in the endnotes. The explanatory details in the endnotes note that actions taken under development plans or management prescriptions between specified dates are to be treated as valid (Endnotes, Explanatory Details note 1). The Planning Act amendments also change the Act's definitions and the operation of some provisions (see notes after s 3 and notations beside s 11(2), s 14(2), s 15(3)(a)).
Como Project Act 1994 (No. 74/1994). Assent 22 November 1994. Commencement for ss 6 and 7 on 22 November 1994 is recorded. This amending Act adjusted s 3(1) definition of South Yarra land and repealed or altered older sections (Endnotes).
Land Tax Act 2005 (No. 88/2005). Assent 29 November 2005. Commencement of s 117(Sch. 2 item 6) on 1 January 2006. It affected s 19(2)(c) to provide land tax exemption for Central Green when vested in the body corporate (Endnotes).
Water (Governance) Act 2006 (No. 85/2006). Assent 17 October 2006. Commencement of s 173(Sch. 1 item 13) on 1 July 2007; it affected s 19(2)(b) about rateability under the Water Act 1989 (Endnotes).

Textual amendment notes are incorporated in the Act at points where specific subsections have been changed; for example, s 3(1) definitions are annotated to show where amendments occurred, and s 9(1)(i)(ii)(iii) bears amendment notations showing precise textual replacements made by later Acts. The endnotes explicitly record the Acts, their assent dates and the commencement dates for particular items; those endnotes provide the authoritative amendment trail within the text supplied.

Procedural note: s 21 retains a Governor in Council power to amend Schedules on a unanimous resolution of an affected body corporate, but the Governor in Council may only exercise that power where satisfied that circumstances make amendment necessary or desirable; notification to the Registrar of Titles is mandatory after such an Order (s 21(2)-(4)). Sections 21(1) and 22 were repealed by No. 74/1994 as indicated in the Act.

Users requiring the current consolidated text should consult the Victorian Government Gazette and the consolidated versions maintained by official publications or legislation databases, but the Act's own endnotes provide a concise register of the principal amending Acts and the sections they affected as of the last incorporation date shown (18 October 2012).

The text of the Act supplied contains no judicial decisions or case names. The Act itself contemplates judicial processes and identifies the Supreme Court as the primary forum for several types of disputes and schemes (s 15(7) and s 17). In particular:

The Supreme Court may enforce or restrain breaches of by‑laws and award damages for by‑law breaches (s 15(7)).
The Supreme Court may, on application, settle schemes for reinstatement or reinstatement in part for buildings or improvements on common property that have been damaged or destroyed, and may make ancillary orders including directions on insurance monies, payments and costs (s 17(1)-(4)).
The Supreme Court has jurisdiction to alter unit entitlement and unit liability on application and must have regard to values and equitable contribution considerations (s 16(1)-(3)). The Act preserves the right of persons claiming an interest to appear and be heard on such applications (s 16(4)).

Absent any case citations within the supplied text, there are no litigation precedents recorded in the Act itself. Practitioners seeking the Act's judicial interpretation, enforcement patterns, or precedent on key issues such as the scope of implied easements under s 8, the limits of body corporate power to levy tolls or fees under s 14(1)(f), or the operation of the lease obligations in Schedule Two, must consult external case law databases, Supreme Court judgments, and tribunal decisions. The Act provides the statutory hooks for litigation but does not record outcomes.

For risk assessment and litigation preparedness, users should note the Act’s express conferral of standing to multiple actors: the body corporate, administrators, members, and registered mortgagees have rights to make applications under ss 15-17. The Act also contemplates arbitration under Schedule Two clause 13 in relation to compensation disputes arising from redevelopment works, inserting an alternative dispute‑resolution mechanism by agreement.

In short, the Act is litigable,its architecture anticipates and relies on the Supreme Court for contested orders,but the supplied text contains no litigation history; external legal research is required to identify how courts have interpreted and enforced these provisions in practice.

The Act contains a number of traps for the unwary and procedural constraints that can have legal and economic consequences. These "gotchas" are drawn directly from the text.

By‑laws can only be changed by unanimous resolution, but then can be void. Schedule Three by‑laws are the starting point (s 15(1)). The body corporate may make or amend by‑laws only by unanimous resolution (s 15(2)). Yet by‑laws made or amended under that power are void if inconsistent with the Act or the Strata Titles Act (other than by‑laws under that Act), or if they go beyond specified matters or seek to prohibit devolution or dealing with a primary allotment (s 15(3)(a), (b), (c)). Practical consequences: a single dissenting member blocks change (unanimity) and even unanimous changes risk being void if inconsistent with higher‑order rules.
Rules require tight administrative timing and Governor in Council oversight. Rules made by special resolution are void if a copy is not submitted to the Governor in Council within 14 days, or if disallowed within 56 days after submission (s 14(3)). This creates a tight window for administrative oversight; failure to comply deprives the body corporate of a rule’s legal effect.
Small maximum monetary penalty for rule breaches. A body corporate can impose a penalty for rule breach of up to two penalty units (s 14(1)(g)). That may be insufficient to deter serious breaches or to compensate for consequential harm, leaving civil litigation as the substantive remedy.
The body corporate cannot sell or mortgage common property. Section 13 forbids the body corporate from selling, transferring, mortgaging or otherwise disposing of common property or holding any other real property (s 13(1)(a)-(b)). This restricts options for raising finance against common property and stabilises ownership of the common estate but constrains asset management choices.
Lease terms are long and prescriptive. The lease in Schedule Two is 99 years from the plan approval date (Schedule Two clause 1). It contains operational requirements that affect revenues and use: designated opening hours for public car parking, maintenance and security obligations, insurance at replacement value, and sub‑lease terms requiring lessor approval and preservation of access and security rights for Car Park Users (Schedule Two clauses 5-11). These constraints affect the body corporate’s ability to commercialise the leased property freely.
Exclusive car park allocations are rigid but adjustable on subdivision/consolidation with procedural steps. Car spaces are allocated by the car park plan and Table to By‑law 8; amendments on consolidation or subdivision require Registrar approval and notification procedures, and the body corporate steps in to determine allocations if registered proprietors fail to notify (Sch 3 by‑laws 9-13). Practically, developers and subsequent owners must observe notification obligations or face body corporate determinations.
Public access to open space is mandated but subject to rules. Section 18 grants public access to areas described as public open space between sunrise and sunset by defined access ways, subject to rules (s 18(1)). Schedule Three by‑law 14 obliges admission of the public during those hours. The body corporate must therefore reconcile maintenance, liability and security obligations with statutory public access hours and applicable insurance cover (s 10(1)(b), Sch 3 by‑law 14).
Unit entitlement and unit liability changes constrained and judicially supervised. Alteration of unit entitlement or liability requires unanimous resolution, operation of by‑laws upon consolidation/subdivision, or a Supreme Court order (s 16(1)). The Court must have regard to current values and equitable contribution levels (s 16(2)-(3)). Practically, reallocation of cost burdens is both politically sensitive and legally constrained.
The Strata Titles Act application is to a historical version and tailored. The Act applies the Strata Titles Act 1967 as in force immediately before a particular Subdivision Act provision took effect (s 3(2)). Also s 9 modifies the text of several Strata Titles Act sections for South Yarra. Readers should not assume current strata law applies without checking these textual substitutions.
Fiscal exemptions are parcel‑specific and conditional. Central Green rate and land tax exemptions apply only while that parcel is vested in the body corporate (s 19(2)); the exemption is not permanent irrespective of subsequent changes outside the Act’s operation.
The body corporate’s power to collect tolls, fees and charges is broad. Section 14(1)(f) permits imposition and collection of tolls, fees, rents and other charges for entry or use of common property, subject to the rule constraints. The mechanism for setting these charges is internal to the body corporate and could have commercial consequences for access and local economic activity.
Automatic vesting without fee, but registrarial work still required. Although s 7(1) requires the Registrar to give effect to the vesting without application or fee, the Registrar is also authorised to make such other recordings in the Register as deemed appropriate (s 7(2)). Title practitioners must not assume no registrarial recording task will be needed.

These items are directly derivable from the statutory text. Practical steps to avoid these "gotchas" include careful drafting of by‑laws and rules to ensure consistency with higher‑order provisions, strict adherence to the submission timetable for rules, attention to lease operative obligations when proposing commercial uses of the leased property, and engagement with the body corporate and Registrar early on in subdivision, consolidation and notification processes.

Compliance under this Act is primarily a matter for the statutory body corporate, its members and any strata bodies that become members. The compliance checklist below sets out concrete actions and protocols, tied to the Act’s provisions.

Governance and documentation

Maintain accurate registers and records: keep a current copy of rules and by‑laws available for inspection at the address for service during normal business hours (s 14(4)(b); s 15(5)(b)). Keep records of by‑laws and the Table to By‑law 3 and car park plan updated to reflect consolidations and subdivisions (Sch 3 by‑laws 3-5, 7, 9-11).
Ensure by‑law amendment procedures are followed: only amend Schedule Three by‑laws by unanimous resolution and only after reviewing for consistency with this Act, the Strata Titles Act provisions as applied (s 15(2)-(3)). Changes have no effect until the body corporate’s records are altered accordingly (s 15(4)).
Make copies and fees available: on application and reasonable payment, provide copies of rules and by‑laws (s 14(4)(c); s 15(5)(c)).

Rule adoption and Governor in Council submission

When making rules by special resolution, prepare and lodge a copy with the Governor in Council within 14 days to avoid voidness (s 14(3)). Track the 56‑day disallowance window and be prepared to respond if the Governor in Council signals disallowance.

Insurance and custody of title

Maintain insurance cover as required: effect and maintain insurance for public liability arising from common property use (s 10(1)(b)); ensure the insured interests and policy wording meet both the body corporate’s statutory insurable interest (s 10(2)) and Schedule Two replacement value and public risk requirements for the leased property (Schedule Two clause 8).
Keep the certificate of title for common allotments in safe custody (s 10(1)(d)). Implement document‑control systems so title documents are readily accessible for inspection by authorised parties (Sch 3 by‑law 19).

Maintenance, security and operations of leased property

Fulfil continuous maintenance and supervision obligations for leased property and allocated car parking areas, including cleaning, repair and keeping chattels and fixtures serviceable (Schedule Two clause 5; Sch 3 by‑law 18).
Provide and maintain security systems across the leased property as required by the lease (Schedule Two clause 6). If sub‑letting, ensure sub‑leases contain the mandated provisions regarding access, security, maintenance and compliance with by‑laws and car park prescriptions (Schedule Two clause 9(2)(a)-(g)).

Car park allocations and access

Maintain an up‑to‑date car park plan showing allocated spaces (Sch 3 by‑law 7). When owners consolidate or subdivide, amend the car park plan and the Table to By‑law 8 in accordance with Registrar approvals and notification obligations (Sch 3 by‑laws 9-13). If owners fail to notify allocations on subdivision, the body corporate must determine allocations by resolution (Sch 3 by‑law 12).
Ensure access ways remain adequate when Lot 4 changes are made; Lot 4 must provide adequate access at all times and any appropriation or variation must be by written notice to lessor and lessee (Schedule Two clause 14).

Compliance with planning prescriptions

Observe the car park management prescription and open space management prescription that form part of the Prahran Planning Scheme (s 10(1)(a), Sch 3 by‑law 15). For works on common property, confirm compliance with the Melbourne Metropolitan Planning Scheme (s 11(1)(c)). The body corporate may apply to amend these prescriptions only by unanimous resolution and by applying to the responsible authority (Sch 3 by‑law 16; s 11(2)).

Financial and contribution mechanisms

Apportion outgoings and distribute income according to unit liability and unit entitlement tables (Sch 3 by‑law 6). Before subdivisions occur, seek and store proprietor notifications of unit entitlement and liability allocations (Sch 3 by‑law 11). Ensure administrative expenses owed by strata bodies that are members are clearly invoiced and recorded (s 12(1)(c)).

Public access management

For areas designated public open space, ensure public access between sunrise and sunset via defined access ways, and adopt rules focused on preserving order and safety while recognising public rights (s 18(1); Sch 3 by‑law 14). Ensure insurance covers public liability for open space use (s 10(1)(b)).

Dispute resolution and litigation readiness

For disputes about compensation during redevelopment (Schedule Two clause 13) be ready to follow the arbitration mechanism stipulated (President of the Law Institute of Victoria or nominee). For enforcement matters, prepare to use the Supreme Court for by‑law enforcement, unit entitlement disputes, and schemes after damage to common property (s 15(7), s 16, s 17). Retain contemporaneous records and produce insurance policies on request (Sch 3 by‑law 19).

Regulatory notifications and Governor in Council orders

If the body corporate seeks a Schedule amendment, obtain a unanimous resolution and apply to the Governor in Council under s 21(2). On a Governor in Council Order, notify the Registrar of Titles in writing immediately (s 21(2)-(4)).

Final practical point: document all governance decisions carefully, vet any proposed by‑law for consistency with the Act and the adapted Strata Titles Act provisions before attempting to implement it, and ensure Registrar and Governor in Council submission steps are calendared precisely to avoid inadvertent nullity. Compliance therefore combines property operations, corporate record‑keeping, statutory filing and planning permissions management.

South Yarra Project (Subdivision and Management) Act 1985

Plain English Summary

Deep Dive

What it does

Current sections

South Yarra Project (Subdivision and Management) Act 1985

Source text: opening excerpt

1 South Yarra Project (Subdivision and Management) Act 1985

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply