Subdivision Act 1988

Schedule 2—Strata and cluster subdivisions 125

Endnotes 134

1 General information 134

2 Table of Amendments 136

3 Explanatory details 142

Version No. 083

Subdivision Act 1988

No. 53 of 1988

Version incorporating amendments as at

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1 What are the purposes of this Act?

The purposes of this Act are to—

S. 1(a) amended by No. 47/1989 s. 5(1).

(a) set out the procedure for the subdivision and consolidation of land, including buildings and airspace, and for the creation, variation or removal of easements or restrictions; and

S. 1(b) amended by No. 42/2017 s. 47.

(b) regulate the management of and dealings with common property and the constitution and operation of owners corporations.

2 When does this Act commence?

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

S. 3
amended by No. 47/1989 s. 19(a).

3 Definitions

(1) In this Act—

S. 3(1) def. of acquire inserted by No. 47/1989 s. 4(1)(a).

acquire in relation to an acquiring authority, means acquire by agreement or by compulsory process;

acquiring authority means any person or body of persons authorised to acquire land compulsorily;

S. 3(1) def. of applicant substituted by No. 47/1989 s. 19(b).

applicant means—

(a) a person who applies to the Council for certification of a plan; or

(b) a person who applies to the Registrar to have a certified plan registered;

S. 3(1) def. of approved infrastructure contributions plan inserted by No. 7/2018 s. 16.

approved infrastructure contributions plan has the same meaning as in Part 3AB of the Planning and Environment Act 1987;

S. 3(1) def. of body corporate repealed by No. 69/2006 s. 206(1).

S. 3(1) def. of building amended by No. 48/1991 s. 4(1)(a).

building includes—

(a) a structure and part of a building or a structure; and

(b) walls, out-buildings, service installations and other appurtenances of a building; and

(c) a boat or a pontoon which is permanently moored or fixed to land;

certified plan means a plan certified by a Council for lodging in the Office of Titles for registration;

S. 3(1) def. of charge inserted by No. 48/1991 s. 4(1)(b).

charge includes—

(a) a charge under section 74 of the Transfer of Land Act 1958; or

(b) a charge on land created under an Act other than this Act or the Transfer of Land Act 1958;

S. 3(1) def. of collecting agency inserted by No. 7/2018 s. 16.

collecting agency has the same meaning as in Part 3AB of the Planning and Environment Act 1987;

Council means the Council of the municipal district in which the land in the plan is located;

S. 3(1) def. of development agency inserted by No. 7/2018 s. 16.

development agency has the same meaning as in Part 3AB of the Planning and Environment Act 1987;

S. 3(1) def. of encumbrance repealed by No. 47/1989 s. 5(2).

S. 3(1) def. of GAIC recording inserted by No. 42/2017 s. 48(a).

GAIC recording has the same meaning as it has in Part 9B of the Planning and Environment Act 1987;

S. 3(1) def. of infrastructure contribution inserted by No. 7/2018 s. 16.

infrastructure contribution has the same meaning as in Part 3AB of the Planning and Environment Act 1987;

land includes buildings and airspace;

S. 3(1) def. of land affected by a body corporate repealed by No. 69/2006 s. 206(1).

S. 3(1) def. of land affected by an owners corporation inserted by No. 69/2006 s. 206(2).

land affected by an owners corporation means the lots the owners for the time being of which are the members of the owners corporation together with the common property for which the owners corporation is responsible;

S. 3(1) def. of limited body corporate inserted by No. 48/1991 s. 4(1)(c), repealed by No. 69/2006 s. 206(1).

S. 3(1) def. of limited owners corporation inserted by No. 69/2006 s. 206(2), substituted by No. 42/2017 s. 48(b), amended by No. 4/2021 s. 92.

limited owners corporation means an owners corporation—

(a) that is specified as limited; and

(b) whose purpose is to manage the land affected by the owners corporation in accordance with specified limitations;

S. 3(1) def. of lot amended by Nos 47/1989 s. 18(1)(a), 48/1991 s. 4(1)(d).

lot means a part (consisting of one or more pieces) of any land (except a road, a reserve or common property) shown on a plan which can be disposed of separately and includes a lot or accessory lot on a registered plan of strata subdivision and a lot or accessory lot on a registered cluster plan;

S. 3(1) def. of lot affected by an owners corporation inserted by No. 69/2006 s. 206(2).

lot affected by an owners corporation means a lot the owner for the time being of which is a member of the owners corporation;

S. 3(1) def. of lot entitlement substituted by No. 48/1991 s. 4(1)(e), repealed by No. 69/2006 s. 206(1), new def. of lot entitlement inserted by No. 69/2006 s. 206(2).

lot entitlement in relation to a lot affected by an owners corporation, means a number specified in the plan as the lot entitlement for that lot, expressing the extent of the lot owner's interest in any common property affected by the owners corporation;

S. 3(1) def. of lot liability substituted by No. 48/1991 s. 4(1)(e), repealed by No. 69/2006 s. 206(1), new def. of lot liability inserted by 69/2006 s. 206(2).

lot liability in relation to a lot affected by an owners corporation, means a number specified in the plan as the lot liability for that lot, expressing the proportion of the administrative and general expenses of the owners corporation that the lot owner is obliged to pay;

S. 3(1) def. of master plan inserted by No. 48/1991 s. 4(1)(f), amended by No. 34/1994 s. 7(1), substituted by No. 80/2009 s. 95.

master plan in relation to a staged subdivision using the procedure under section 37—

(a) means a plan of all the land in the subdivision at the time of registration of stage one of the plan; and

(b) includes any amendments to the plan made under that section;

S. 3(1) def. of owner amended by No. 85/1998 s. 24(Sch. item 57.1 a)(b))

owner means—

(a) for land under the Transfer of Land Act 1958 (other than land in an identified folio under that Act), the registered proprietor of the fee simple in the land, or a person who is empowered by or under an Act to execute a transfer of the land;

(b) for land in an identified folio under the Transfer of Land Act 1958 or land not under the Transfer of Land Act 1958, a person who has an estate in fee simple in the land (except a mortgagee), or is empowered by or under an Act to convey an estate in fee simple in the land;

S. 3(1) def. of owners corporation inserted by No. 69/2006 s. 206(2).

owners corporation means a body corporate that is incorporated by registration of—

(a) a plan of subdivision; or

(b) a plan of strata subdivision; or

(c) a plan of cluster subdivision;

S. 3(1) def. of plan amended by Nos 47/1989 s. 5(4)(a), 48/1991 s. 4(1)(g), 69/2006 s. 206(3).

plan means a plan under section 24A, 32B or 37 or Division 3 of Part 5 or a plan of—

(a) subdivision; or

(b) consolidation; or

(c) creation, variation or removal of an easement or restriction;

permit means a permit under the Planning and Environment Act 1987;

plan of subdivision means a plan showing the subdivision of land;

planning scheme means a planning scheme under the Planning and Environment Act 1987;

S. 3(1) def. of public authority amended by No. 42/2017 s. 48(c).

public authority means a body established for a public purpose by or under any Act but does not include a Council;

S. 3(1) def. of public open space amended by No. 48/1991 s. 4(1)(h).

public open space means land set aside in a plan or land in a plan zoned or reserved under a planning scheme—

(a) for public recreation or public resort; or

(b) as parklands; or

(c) for similar purposes;

S. 3(1) def. of public works inserted by No. 48/1991 s. 4(1)(i).

public works means—

(a) the provision of roads, reserves, open spaces or services within a subdivision; or

(b) fencing, landscaping, and road works outside the subdivision for roads, reserves or public open space related to the subdivision; or

(c) works for sewerage, drainage, water supply, power, gas or telephone to connect the subdivision to the system serving properties outside it, excluding works to connect any particular property to the system for the subdivision; or

(d) prescribed works;

referral authority means a person or body specified in the planning scheme as a referral authority to which an application for a permit or a plan must be referred, or which must be satisfied that things have been done;

S. 3(1) def. of Register inserted by No. 42/2017 s. 48(a).

Register has the same meaning as it has in the Transfer of Land Act 1958;

S. 3(1) def. of registered cluster plan inserted by No. 48/1991 s. 4(1)(j).

registered cluster plan means a plan of cluster subdivision registered under the Cluster Titles Act 1974 and, if that plan is amended, that plan as amended and in force for the time being;

S. 3(1) def. of registered plan of strata subdivision inserted by No. 48/1991 s. 4(1)(j).

registered plan of strata subdivision means a plan of strata subdivision registered under the Strata Titles Act 1967 and, if that plan is amended, that plan as amended and in force for the time being;

S. 3(1) def. of registered plan amended by No. 47/1989 s. 18(1)(b), substituted by No. 48/1991 s. 4(1)(k).

registered plan means—

(a) a plan registered or approved by the Registrar under any Act, whether before or after the commencement of section 44; or

(b) a map or plan deposited or lodged with the Registrar under section 97 of the Transfer of Land Act 1954 or a corresponding previous or subsequent enactment;

Registrar has the same meaning as it has in the Transfer of Land Act 1958;

reserve means land set aside as public open space, or for the use of a public authority or the Council;

S. 3(1) def. of residual land inserted by No. 48/1991 s. 4(1)(l).

residual land in relation to a staged subdivision, means—

(a) land on the master plan that is not part of the first stage and is shown on the plan as another stage; or

(b) land on a plan for the second or a subsequent stage that is not part of that stage and is shown on the plan as another stage;

responsible authority means a responsible authority under the Planning and Environment Act 1987;

S. 3(1) def. of restriction amended by No. 47/1989 s. 19(c).

restriction means a restrictive covenant or a restriction which can be registered, or recorded in the Register under the Transfer of Land Act 1958;

S. 3(1) def. of site value substituted by No. 42/2017 s. 48(d).

site value has the same meaning as it has in the Valuation of Land Act 1960;

subdivision means the division of land into two or more parts which can be disposed of separately;

S. 3(1) def. of terms contract inserted by No. 48/1991 s. 4(1)(m).

terms contract has the same meaning as in the Sale of Land Act 1962;

S. 3(1) def. of unlimited body corporate inserted by No. 48/1991 s. 4(1)(m), repealed by No. 69/2006 s. 206(1).

S. 3(1) def. of unlimited owners corporation inserted by No. 69/2006 s. 206(2), substituted by No. 42/2017 s. 48(e).

unlimited owners corporation means an owners corporation—

(a) that is specified as unlimited; and

(b) whose purpose is to manage the land affected by the owners corporation (except the use of any common property affected by a limited owners corporation);

S. 3(1) def. of vesting date inserted by No. 47/1989 s. 4(1)(b).

vesting date means the date on which a notice of acquisition under the Land Acquisition and Compensation Act 1986 is published in the Government Gazette or, if land is acquired by agreement the date on which the land is registered in the name of the acquiring authority under the agreement;

works includes any changes to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil;

S. 3(2) inserted by No. 47/1989 s. 19(d).

(2) Subject to the regulations, a plan may contain information in any form, including words and drawings.

S. 3(3) inserted by No. 48/1991 s. 4(2).

(3) For the purposes of this Act, the creation, variation or removal of an easement or restriction must be taken to be authorised by a permit (whether granted before or after the commencement of this subsection) or a planning scheme if the permit or scheme (by condition or otherwise)—

(a) in any way requires, directs or allows; or

(b) in any other way provides for—

that creation, variation or removal.

S. 3(4) inserted by No. 57/1993 s. 4.

(4) If a planning scheme or permit regulates or authorises the variation of an easement or restriction, that scheme or permit must be taken to include an authorisation to make the variation by removing the easement or restriction to be varied and creating a new easement or restriction in the varied form.

S. 3(5) inserted by No. 57/1993 s. 4.

(5) Without limiting Part 2, a Council or referral authority may, under that Part, require a plan varying an easement or restriction to be altered so that it removes an existing easement or restriction and creates a new easement or restriction in accordance with the planning scheme or permit.

S. 3(6) inserted by No. 57/1993 s. 4.

(6) Without limiting Part 4, the Registrar, under section 22, may require an applicant to amend, or may amend, a plan of variation of easement or restriction so that the plan removes an existing easement or restriction and creates a new easement or restriction in accordance with the planning scheme or permit.

S. 3(7) inserted by No. 57/1993 s. 4.

(7) A plan amended in accordance with subsection (6) does not have to be recertified.

S. 3(8) inserted by No. 57/1993 s. 4.

(8) If a planning scheme or permit authorising the variation of an easement under section 98 of the Transfer of Land Act 1958 does not specify the land benefited by the easement, the easement must be taken to benefit the whole of the land in the subdivision in respect of which it was created.

4 What does this Act apply to?

(1) This Act applies to—

(a) subdivision of land; and

(b) consolidation of land; and

S. 4(1)(c) amended by No. 47/1989 ss 5(4)(b), 6(1)(a), substituted by No. 48/1991 s. 5(1)(a).

(c) the creation, variation or removal of any easement or restriction—

(i) as part of a plan of subdivision or consolidation; or

(ii) in accordance with a planning scheme or permit; or

(iii) in any other circumstances set out in section 6(1)(j) or (k); or

S. 4(1)(c)(iv) amended by Nos 57/1993 s. 15(2)(a), 69/2006 s. 207(a).

(iv) under Division 3 of Part 5 or section 36(2)(b); and

S. 4(1)(d) amended by No. 47/1989 s. 5(4)(b), substituted by No. 48/1991 s. 5(1)(a).

(d) the creation of, or dealing with, common property; and

S. 4(1)(e) substituted by No. 69/2006 s. 207(b).

(e) an owners corporation; and

S. 4(1)(f) inserted by No. 48/1991 s. 5(1)(b), substituted by No. 69/2006 s. 207(b).

(f) plans under sections 24A, 32B and 37 and Division 3 of Part 5; and

S. 4(1)(g) inserted by No. 48/1991 s. 5(1)(b).

(g) a subdivision brought about by disposition or acquisition of land in Victoria by—

(i) the Crown in right of the State of Victoria; or

(ii) a body established under an Act.

Note to s. 4(1) inserted by No. 42/2017 s. 49(1).

Section 97(1) and (2) of the Transfer of Land Act 1958 provides that this Act and the Transfer of Land Act 1958 are to be read together.

S. 4(1A) inserted by No. 48/1991 s. 5(2).

(1A) A person (including the Crown in any right and a body established under the law of Victoria, the Commonwealth or another State) to whom this Act would not otherwise apply may elect to proceed under this Act and the Transfer of Land Act 1958.

S. 4(1B) inserted by No. 48/1991 s. 5(2).

(1B) If a person other than an acquiring authority acquires land compulsorily or acquires by agreement land which it may acquire compulsorily and proceeds under this Act, this Act applies as if the person were an acquiring authority and as if this Act referred to the Act or law under which the person acquired the land and not to the Land Acquisition and Compensation Act 1986.

S. 4(1C) inserted by No. 57/1993 s. 15(2)(b).

(1C) A plan is not required under this Act to acquire an easement compulsorily under section 36.

S. 4(2) substituted by No. 47/1989 s. 19(e).

(2) This Act does not apply to the disposition or acquisition of any land—

(a) which can be lawfully dealt with under section 8A of the Sale of Land Act 1962 without being subdivided; or

(b) if the land is disposed of or acquired by the Crown and, if it were disposed of or acquired by a private citizen, the land could lawfully be dealt with under section 8A of the Sale of Land Act 1962 without being subdivided.

(3) This Act does not apply to the acquisition of any land through a vesting order under section 62 of the Transfer of Land Act 1958.

S. 4(3A) inserted by No. 57/1993 s. 5(1).

(3A) This Act does not apply to—

(a) anything done under section 99 of the Transfer of Land Act 1958; or

(b) anything done under section 100 or 101 of that Act in relation to an application under section 99; or

(c) anything done under section 103(2) of that Act.

S. 4(4) amended by No. 47/1989 ss 5(4)(c), 6(1)(b)(i)(ii), substituted by Nos 48/1991 s. 5(3), 57/1993 s. 5(2).

(4) This Act does not apply to—

(a) the creation of a covenant, if an Act other than this Act or the Transfer of Land Act 1958 creates it or provides for its creation; or

(b) the variation or removal of a covenant referred to in paragraph (a).

S. 4(4A) inserted by No. 47/1989 s. 5(3).

(4A) This Act does not apply to an encumbrance unless the encumbrance constitutes an easement or a restriction.

S. 4(5) repealed by No. 47/1989 s. 6(1)(c), new s. 4(5) inserted by No. 48/1991 s. 5(4).

(5) This Act does not prevent a person from creating, varying or removing an easement or restriction by using a method or procedure other than provided by this Act.

(6) Parts 2, 3 and 4 (except sections 24 and 25) do not apply to plans submitted under section 98CA or 98CF of the Transfer of Land Act 1958.

S. 4(7) amended by Nos 79/1993 s. 10, 74/2000 s. 3(Sch. 1 item 119).

(7) This Act does not apply to subdivision by the Crown in order to issue a Crown grant under any Act.

S. 4(8) inserted by No. 47/1989 s. 19(f), substituted by No. 39/2016 s. 33, amended by No. 11/2024 s. 110.

(8) This Act does not apply to a subdivision that occurs because of the creation of a folio of the Register under section 23(4C) of the Former SEC (Residual Provisions) Act 1958 as in force immediately before the commencement of section 14 of the State Electricity Commission Amendment Act 2024.

S. 4(9) inserted by No. 42/2017 s. 49(2).

(9) This Act does not apply to anything done under section 526, 527, 528 or 569BA of the Local Government (Miscellaneous) Act 1958 as in force immediately before the repeal of those sections.

5 The procedure for certification and registration of plans

S. 5(1) amended by Nos 47/1989 ss 5(4)(d), 18(1)(c), 48/1991 s. 6.

(1) Subject to sections 4 and 44, the subdivision or consolidation of land, or the creation, variation or removal of an easement or restriction, or the creation of common property, or any dealing with common property, must be done in accordance with this Act.

S. 5(2) substituted by No. 47/1989 s. 4(2)(a).

(2) If there is a subdivision by acquisition by an acquiring authority—

(a) if all the land on the plan to be acquired is to be acquired by compulsory process, the authority must under section 35 submit a plan for certification—

(i) if the land vests in the authority on the same vesting date, as soon as possible after that vesting date; or

(ii) if the land vests in the authority on different vesting dates, not earlier than the first and not later than the last of those vesting dates to occur; and

(b) if—

(i) the land on the plan to be acquired includes land to be acquired by agreement whether or not after service of a notice of intention to acquire as well as land to be acquired by compulsory process; or

(ii) all the land on the plan to be acquired is to be acquired by agreement whether or not after service of a notice of intention to acquire—

the authority must under section 35 submit a plan for certification—

(iii) if the land vests in or is registered in the name of the authority on the same vesting date, not later than that vesting date; or

(iv) if the land vests in or is registered in the name of the authority on different vesting dates, not later than the first of those vesting dates to occur; and

(c) the authority is not required to submit any other plan of the land except a plan under section 35.

(3) A person who wishes to have a plan registered must—

(a) prepare a plan in accordance with this Act and the regulations; and

(b) if the land is not under the Transfer of Land Act 1958, bring the land under that Act; and

S. 5(3)(c) amended by No. 47/1989 s. 19(g).

(c) submit the plan to the Council for certification together with an application in the prescribed form; and

(d) obtain a statement of compliance from the Council; and

S. 5(3)(da) inserted by No. 1/2020 s. 142.

(da) in the case of a plan of subdivision relating to land in respect of which there is a levy recording (within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020), obtain any of the following certificates under that Act—

(i) a certificate of release in relation to the land to which the plan relates;

(ii) a certificate of staged payment approval which relates to the plan;

(iii) a certificate of partial release in relation to the land to which the plan relates;

(iv) a certificate of no liability in relation to the plan; and

S. 5(3)(e) amended by Nos 47/1989 s. 19(h), 47/2004 s. 72, substituted by No. 80/2009 s. 96.

(e) lodge the certified plan at the Office of Titles for registration together with—

(i) an application in the form approved by the Registrar; and

(ii) the statement of compliance obtained under paragraph (d); and

(iii) the prescribed information in respect of the street address and lot location of each lot on the plan; and

S. 5(3)(f) inserted by No. 47/2004 s. 72.

(f) in addition to any other fee payable under this Act, pay to the Registrar the fee, if any, prescribed under the Survey Co-ordination Act 1958 for the maintenance of the survey control network.

(4) The Council can accept and consider a plan submitted to it for certification even if a planning permit is required but has not been issued.

S. 5(4A) inserted by No. 57/1993 s. 6.

(4A) The Council can accept, consider and certify a plan submitted to it even if, to make a boundary of any land in the plan accord with the boundary shown in the relevant folio of the Register, it would be necessary to make an application under section 99 or 103 of the Transfer of Land Act 1958, and the application has not been made or has not been determined.

(5) Any person may, with the written consent of the owner, submit a plan to the Council for certification.

(6) An owner may act through an agent unless the regulations require a personal or sealed declaration, consent or authorisation.

S. 5(7) amended by No. 47/1989 s. 19(i).

(7) If the land in a plan is not in a municipal district, the Minister may carry out the functions of a Council.

Part 2—Certification of plans

6 What must the Council do?

(1) The Council must certify a plan within the prescribed time if—

S. 6(1)(a) substituted by No. 48/1991 s. 7(1).

(a) the plan complies with this Act, the regulations, and those requirements of the planning scheme and any permit that relate to the boundaries of roads, lots, common property and reserves and the form and content of the plan; and

(b) the land is under the Transfer of Land Act 1958 or steps have been taken to bring the land under the Act; and

(c) every referral authority has given consent; and

(d) all alterations required by referral authorities have been made; and

S. 6(1)(e) repealed by No. 47/1989 s. 12(1).

(f) alterations required by the Council have been made; and

S. 6(1)(g) repealed by No. 47/1989 s. 12(1).

(h) where the only access to a lot is over Crown land, either a road has been reserved or proclaimed or the Minister administering the Land Act 1958 has consented in writing to the use of the land for access; and

S. 6(1)(i) repealed by No. 47/1989 s. 5(4)(e),
new s. 6(1)(i) inserted by No. 48/1991 s. 7(2), substituted by No. 69/2006 s. 208(1).

(i) where the plan does anything requiring the unanimous resolution of the members of the owners corporation under Division 3 of Part 5 or an order of the Victorian Civil and Administrative Tribunal under section 34D, the plan is accompanied by a copy of the unanimous resolution or the order of the Tribunal; and

(j) where a plan removes or varies a restriction—

S. 6(1)(j)(i) amended by No. 47/1989 s. 6(1)(d), substituted by No. 48/1991 s. 7(3).

(i) the removal or variation is in accordance with the planning scheme or a permit; or

S. 6(1)(j)(ii) amended by No. 47/1989 s. 6(1)(e).

(ii) the Registrar has declared that the restriction has been released modified or varied; and

(k) where a plan removes or varies the whole or part of an easement—

S. 6(1)(k)(i) amended by No. 47/1989 s. 6(1)(d), substituted by No. 48/1991 s. 7(4).

(i) the removal or variation is in accordance with the planning scheme or a permit; or

(ii) the Registrar has declared that the easement has been abandoned or extinguished; or

(iii) the easement was set aside for the purpose of a Council, public authority or other person which has requested or consented to the removal or variation; or

S. 6(1)(k)(iv) amended by No. 47/1989 s. 4(2)(b).

(iv) all parties interested in the easement or the part of it have agreed to the removal or variation; or

S. 6(1)(k)(v) inserted by No. 47/1989 s. 4(2)(b), amended by No. 52/1998
s. 311(Sch. 1 item 86.1).

(v) the Victorian Civil and Administrative Tribunal has given leave under section 36 to remove the easement and, if leave is given subject to conditions relating to the plan, those conditions have been met.

(2) If the conditions in subsection (1) are not met, the Council must refuse to certify the plan and give its reasons in writing to the applicant within the prescribed time.

S. 6(3) inserted by No. 48/1991 s. 7(5), amended by No. 69/2006 s. 208(2).

(3) The Council may rely on a verified copy of a unanimous resolution or Tribunal order accompanying a plan and referred to in section 6(1)(i) as conclusive proof that a unanimous resolution or order was made in those terms.

7 How long does certification last?

The certification of a plan is valid for 5 years from the date of certification.

S. 7A
inserted by No. 1/2020 s. 143.

7A Notifications following certifications in relation to land in respect of which there is a levy recording

(1) This section applies if—

(a) the Council certifies a plan of subdivision of land in respect of which there is a levy recording (within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020); and

(b) Part 3 does not apply to that plan.

(2) The Council, within 7 days after certifying the plan, must give the Secretary to the Department of Environment, Land, Water and Planning—

(a) written notice of that certification; and

(b) a copy of the application for certification and the certified plan.

8 When must the Council refer a plan to a referral authority?

(1) The Council must refer a plan to a referral authority within the prescribed time—

S. 8(1)(a) amended by No. 47/1989 s. 7(1)(a).

(a) if this is required by the planning scheme or the permit, unless—

(i) the plan is of a class exempted from the referral requirement by the planning scheme or the regulations; or

(ii) the applicant gives the Council satisfactory evidence of the authority's consent dated not more than 3 months before the date on which the plan is submitted for certification; or

S. 8(1)(b) amended by No. 47/1989 s. 5(4)(f).

(b) if the authority is likely to have an interest in an easement or restriction which is to be created, varied or removed, unless the authority has agreed to the easement or restriction in connection with the planning scheme or permit or otherwise.

(2) The Council does not have to refer a plan to a referral authority if the plan is submitted by an acquiring authority under section 35 and shows acquired land without proposing to create additional lots.

S. 8(3) inserted by No. 47/1989 s. 7(1)(b).

(3) If a referral authority has required specified alterations to be made to a plan and a plan containing those alterations is submitted to the Council, the Council does not have to refer the altered plan to that referral authority.

S. 8(4) inserted by No. 48/1991 s. 8.

(4) The Council does not have to refer to a referral authority a plan under section 24A.

S. 8(5) inserted by No. 48/1991 s. 8.

(5) The Council does not have to refer again to a referral authority a plan which the Council has amended after referral, if the Council considers that the amendments are minor and are unlikely to affect the interests of the authority.

S. 8(6) inserted by No. 48/1991 s. 8.

(6) As soon as possible after certifying a plan that was not referred to a referral authority, the Council must give the authority a copy of the certified plan.

9 What must a referral authority do?

(1) The referral authority must inform the Council within the prescribed time that it—

(a) consents to the plan; or

(b) requires specified alterations; or

(c) refuses consent.

(2) If the authority requires specified alterations or refuses consent, it must give written reasons to the Council and the applicant.

(3) If the authority does not reply within the prescribed time or fails to give written reasons, it consents.

S. 9(4) amended by No. 47/1989 s. 7(1)(c)(i)(ii).

(4) If a referral authority requires a specified alteration to a plan, the time permitted for consideration of the plan by the authority and the Council is suspended until the altered plan is submitted to the Council.

(5) If a plan contains all the specified alterations required by a referral authority, the authority cannot require any further alterations or refuse to consent to the plan.

10 Council may require alterations

(1) Within the prescribed time, the Council may require the applicant to alter the plan to make the plan suitable for certification.

(2) The Council may agree to an alteration at the request of the applicant.

S. 10(3) amended by No. 47/1989 s. 7(1)(d).

(3) If the Council requires an alteration to a plan, the time for consideration of the plan is suspended until the altered plan is re-submitted to the Council.

(4) If a plan contains the alterations required by a Council, the Council cannot require any further alterations.

(5) The Council must send a copy of the altered plan to any referral authority referred to in section 8.

(6) A Council cannot require or agree to an alteration which is inconsistent with any notice of acquisition in respect of that land published in the Government Gazette, or which is inconsistent with a requirement of a referral authority.

S. 10(7) amended by No. 57/1993 s. 17(1).

(7) If the plan was prepared by a licensed surveyor, the Council must notify the surveyor of the alteration required by the Council.

11 Council may consent to the amendment of a certified plan

(1) The owner or a person with the consent of the owner or an acquiring authority may apply to the Council to amend a certified plan.

(2) The Council must refer the application to any referral authority referred to in section 8 within the prescribed time, unless the application is made by an acquiring authority.

S. 11(2A) inserted by No. 48/1991 s. 9(1).

(2A) The Council does not have to refer an application to amend a certified plan to a referral authority if it considers that the amendment is minor and is unlikely to affect the interests of the authority.

(3) The referral authority must inform the Council that it—

(a) consents to the amendment; or

(b) requires alterations to ensure that the plan conforms with any requirements it made when it consented to the plan; or

(c) refuses to consent—

within the prescribed time, giving its reasons for the refusal or the alteration.

(4) If the referral authority does not reply within the prescribed time or fails to give written reasons, it consents to the amendment.

(5) If a referral authority requires an alteration to a plan, the time permitted for consideration of the plan is suspended until the altered plan is submitted.

(6) If a plan contains all the alterations required by a referral authority, the authority cannot require any further alterations or refuse to consent to the plan.

(7) The Council must—

(a) re-certify the amended plan or certify a new plan; or

(b) advise the person who made the application to amend the certified plan in writing of the reasons for refusing to do so—

(8) If a new plan is submitted for certification the existing certified plan must be given to the Council.

(9) The certification or re-certification of a plan under subsection (7) does not extend the period specified in section 7.

(10) If the plan was prepared by a licensed surveyor the Council must notify the surveyor of an amendment applied for by an acquiring authority.

S. 11(11) inserted by No. 48/1991 s. 9(2).

(11) As soon as possible after re-certifying an amended plan where the amendment was not referred to a referral authority, the Council must give a copy of the re-certified plan to the referral authority.

S. 11A inserted by No. 47/1989 s. 7(2).

11A Council and referral authority may ask for information

(1) When considering a plan or an amendment to a plan under section 9, 10 or 11, the Council or a referral authority may require the applicant to give more information about the plan within a time specified by the Council or the authority.

(2) If the Council or a referral authority requires more information, the time permitted for the Council and the referral authority to consider the plan is suspended until the information is received or the specified time ends, whichever is the sooner.

(3) If a Council or a referral authority has required more information and the information is received within the specified time, the Council or the authority cannot require more information to be given.

S. 11B inserted by No. 42/2017 s. 50.

11B Amendment to plan sealed by council

A plan of subdivision, including a plan of strata subdivision and a plan of cluster subdivision or a plan of consolidation, which has been sealed by a Council may be amended in accordance with section 11 as if it were a certified plan.

12 Plan must show easements and other rights

S. 12(1) amended by No. 47/1989 s. 6(2)(a)(b), substituted by No. 48/1991 s. 10(1).

(1) A plan of subdivision or consolidation must specify—

(a) existing registered easements that burden the land (other than easements over land referred to in subsection (2)(a)(i)(ii) or (iii)), the purpose of the easements and either the land benefited by the easements or, if they were authorised by or under an Act other than this Act or the Transfer of Land Act 1958, the public authority, Council, Minister or other person in whose favour they are created; and

(b) proposed easements (other than easements over land referred to in subsection (2)(a)(i), (ii) or (iii)), the purpose of the easements and either the land which they are to benefit or, if they are authorised by or under an Act other than this Act or the Transfer of Land Act 1958, the public authority, Council, Minister or other person in whose favour they are to be created.

S. 12(1A) inserted by No. 48/1991 s. 10(1).

(1A) A plan of creation, variation or removal of an easement must specify the easement to be created, varied or removed, the purpose of the easement and either the land benefited or to be benefited or, if the creation, variation or removal is authorised by or under an Act other than this Act or the Transfer of Land Act 1958, the public authority, Council, Minister or other person in whose favour the easement is or is to be created.

S. 12(1B) inserted by No. 57/1993 s. 7.

(1B) If land is described in a folio of the Register or in an instrument or plan referred to in that folio as being affected by an easement but that folio, instrument or plan does not do all or any of the following—

(a) describe the purpose of the easement;

(b) specify the land benefited by the easement;

(c) if the easement is created under an Act, specify the person or authority in whose favour it is created—

a plan must be taken to comply with subsection (1)(a) or (1A) (as the case requires) if it specifies the land burdened by the easement and any other information about the purpose or benefit of the easement appearing from that folio, instrument or plan.

S. 12(2) substituted by No. 47/1989 s. 6(2)(c), amended by No. 48/1991 s. 10(2)(a).

(2) Subject to subsection (3), there are implied—

(a) over—

(i) all the land on a plan of subdivision of a building; and

(ii) that part of a subdivision which subdivides a building; and

S. 12(2)(a)(iii) amended by No. 48/1991 s. 10(2)(b), substituted by No. 69/2006 s. 209.

(iii) any land affected by an owners corporation; and

(iv) any land on a plan if the plan specifies that this subsection applies to the land; and

S. 12(2)(b) amended by No. 48/1991 s. 10(2)(c).

(b) for the benefit of each lot and any common property—

all easements and rights necessary to provide—

(c) support, shelter or protection; or

(d) passage or provision of water, sewerage, drainage, gas, electricity, garbage, air or any other service of whatever nature (including telephone, radio, television and data transmission); or

(e) rights of way; or

(f) full, free and uninterrupted access to and use of light for windows, doors or other openings; or

(g) maintenance of overhanging eaves—

if the easement or right is necessary for the reasonable use and enjoyment of the lot or the common property and is consistent with the reasonable use and enjoyment of the other lots and the common property.

S. 12(3) substituted by Nos 47/1989 s. 6(2)(d), 48/1991 s. 10(3), 42/2017 s. 51(1).

(3) A plan may provide that some, all or none of the easements and rights referred to in subsection (2) are implied as a burden or benefit over all or any of the land on the plan.

S. 12(3A) inserted by No. 48/1991 s. 10(3).

(3A) Subsection (3) does not apply to—

(a) any part of a plan that subdivides a building; or

(b) easements or rights for existing services provided to a lot, if the lot and the land on which the service is located are not in common ownership.

S. 12(3B) inserted by No. 48/1991 s. 10(3), substituted by No. 42/2017 s. 51(2).

(3B) There are implied over any road set aside on a plan, in favour of the appropriate responsible public authority or Council, all easements and rights necessary to provide passage or provision of water, sewerage, drainage, gas, electricity, garbage, air or any other service of whatever nature (including telephone, radio, television and data transmission), if the easement or right is consistent with the reasonable use of the land as a road.

(4) Any person, Council or referral authority entitled to use an easement can gain access to that easement over the common property and any lot for the purpose of using the easement and must repair any damage caused in gaining access to or using the easement.

S. 12(5) amended by Nos 47/1989 s. 6(2)(e)(i)(ii), 42/2017 s. 51(3).

(5) If a plan is registered on which there is an easement the person entitled to use the easement is not required to repair damage to buildings or works constructed or located so as to interfere with the exercise of rights conferred by the easement if reasonable care is taken in gaining access to and using the easement.

S. 12(6) inserted by No. 47/1989 s. 6(2)(f), amended by No. 48/1991 s. 10(4)(a)(i)(ii).

(6) If an easement in favour of a public authority, Council, Minister or other person is specified on a plan, subsection (2) does not operate to imply an easement or right for that person for the same purpose.

S. 12(7) inserted by No. 47/1989 s. 6(2)(f).

(7) This section does not prevent the exercise of rights conferred by—

S. 12(7)(a) amended by No. 48/1991 s. 10(4)(b)(i)(ii).

(a) an easement created in favour of a public authority, Council, Minister or other person otherwise than under this Act or the Transfer of Land Act 1958; or

S. 12(7)(b) amended by No. 48/1991 s. 10(4)(b)(i)(ii).

(b) an agreement to create an easement in favour of a public authority, Council, Minister or other person made under an Act other than this Act or the Transfer of Land Act 1958.

S. 12(8) inserted by No. 47/1989 s. 6(2)(f).

(8) The easements specified on a plan or implied by subsection (2) are in addition to easements under section 98(a) of the Transfer of Land Act 1958.

S. 12(9) inserted by No. 47/1989 s. 6(2)(f).

(9) Section 98(b) of the Transfer of Land Act 1958 does not apply to a plan registered under this Act.

13 Certification evidence of compliance with Act

Where the Council certifies a plan, the certification is conclusive evidence that the provisions of this Act relating to certification including any preliminary requirements, have been complied with, unless, before the plan is registered, an order is made under section 39(3) and served on the Registrar.

Part 3—Statutory requirements for plans

S. 14 amended by No. 48/1991 s. 11(a).

14 Application of Part

S. 14(1) amended by No. 57/1993 s. 8.

(1) This Part does not apply to a plan submitted by an acquiring authority under section 35 unless the plan proposes to create additional lots except for the purpose of acquisition.

S. 14(2) inserted by No. 48/1991 s. 11(b).

(2) This Part does not apply to a plan under section 24A.

15 Council or referral authority may require an engineering plan for works

(1) A Council or a referral authority may require an applicant to submit an engineering plan including specifications for works required under the planning scheme or permit.

(2) The Council or referral authority must—

(a) approve the engineering plan; or

(b) specify the alterations it requires; or

(c) refuse to approve the plan—

(3) If the Council or referral authority requires alterations or refuses to approve the engineering plan, it must at the same time give written reasons to the applicant.

(4) If the Council or referral authority requires an alteration to an engineering plan, the time for its consideration of the plan is suspended until the altered engineering plan is submitted.

S. 15(5) amended by No. 48/1991 s. 12.

(5) If an engineering plan contains all the alterations required by a Council or referral authority, the Council or referral authority cannot require any further alteration and must approve the plan.

(6) The Council may make a charge not exceeding the prescribed fee for an engineering plan it prepares.

16 Works must comply with standards

Any person who constructs works must comply with—

(a) the certified plan; and

(b) the approved engineering plan; and

(c) the standards specified in the planning scheme or the permit.

17 Construction and maintenance of works

(1) A person must not commence works until—

(a) the plan has been certified; and

(b) the engineering plan has been approved; and

(c) any agreement required by a responsible authority or a referral authority has been entered into.

(2) A Council or referral authority may—

(a) appoint a person to supervise the construction of the works; and

(b) make a charge not exceeding the prescribed fee for the supervision; and

S. 17(2)(c) amended by No. 47/1989 ss 12(2)(a), 13(1).

(c) enter into an agreement with an owner or applicant in anticipation of the applicant becoming owner providing for either or both of the following—

(i) that works or other things required by the planning scheme or permit may be completed after registration;

S. 17(2)(c)(ii) inserted by No. 47/1989 s. 12(2)(b).

(ii) if works are required, securing compliance with section 20A.

S. 17(2A) inserted by No. 47/1989 s. 19(j).

(2A) If land the subject of an application for a permit to subdivide or consolidate or land on a plan is located outside the district of a relevant authority, the Council, if it considers that water or sewerage services should be provided, may request the Minister administering the Act under which the relevant authority is created (if that Minister has not already made a nomination) to nominate a relevant authority to consider what works (if any) are required and, if within the prescribed time the Minister does not nominate an authority, the Council may carry out a nominated relevant authority's functions under this section.

S. 17(2B) inserted by No. 47/1989 s. 19(j).

(2B) A nominated relevant authority may make any requirement under subsection (2) as if it were a referral authority.

S. 17(2C) inserted by No. 47/1989 s. 19(j).

(2C) An agreement made under subsection (2)(c) by a nominated relevant authority may make provision for any matter including but not limited to—

(a) the payment by the owner or applicant of—

(i) any reasonable part of the cost of constructing works; or

(ii) any reasonable part of the cost of maintaining works for a period of not more than 5 years; and

(b) the payment by the owner or applicant of any reasonable part of the cost of the authority's general system of public utility services, based on the area or use of the land; and

(c) the payment by the owner or applicant of any reasonable part of the cost of constructing or maintaining works on other land that are capable of benefiting the owner's or applicant's land; and

(d) advances to be made by the owner or applicant to the authority for constructing or maintaining works; and

(e) exempting the works from any provision of this section; and

(f) the person or body in which works are to vest or who is to be responsible for works after they are completed; and

(g) the referral of any proposal for works to any person or body.

S. 17(2D) inserted by No. 47/1989 s. 19(j).

(2D) At any time after works are completed under an agreement to which subsection (2C) applies, the Council and a relevant authority may by agreement or the Governor in Council may by Order published in the Government Gazette, transfer the works and any land or interest in land relating to the works and rights, powers, obligations and liabilities under the agreement from the Council to a relevant authority.

S. 17(2E) inserted by No. 47/1989 s. 19(j).

(2E) Subject to any agreement, subsections (1), (3), (4), (5) and (6) apply as if they referred to a nominated relevant authority as well as to a referral authority.

S. 17(3) amended by No. 48/1991 s. 13(1).

(3) Subject to this section, Division 2 of Part 9 of the Planning and Environment Act 1987 applies to an agreement under subsection (2)(c) as if the Council or referral authority were the responsible authority.

S. 17(3A) inserted by No. 48/1991 s. 13(2).

(3A) An agreement under subsection (2)(c) does not have to be under seal.

S. 17(3B) inserted by No. 48/1991 s. 13(2).

(3B) If an agreement under subsection (2)(c) is not under seal, sections 174(1), 179 and 181 to 183 of the Planning and Environment Act 1987 do not apply to it.

S. 17(3C) inserted by No. 3/2013 s. 86.

(3C) If an agreement under subsection (2)(c) is under seal—

(a) section 182A of the Planning and Environment Act 1987 does not apply to it; and

(b) section 181(1) of the Planning and Environment Act 1987 applies to it as if for the expression "must apply to the Registrar of Titles, without delay," there were substituted the expression "may apply to the Registrar of Titles".

(4) The applicant is responsible for the maintenance of the completed works in good condition and repair for 3 months or any other period which is agreed between the applicant and the Council or referral authority.

(5) After the expiry of the maintenance period, maintenance of the works becomes the responsibility of the Council or the referral authority.

S. 17(6) amended by No. 47/1989 s. 19(k).

(6) In this section—

S. 17(6) def. of agreement inserted by No. 48/1991 s. 13(3)(a).

agreement includes arrangement or understanding, whether written or oral or by conduct;

S. 17(6) def. of relevant authority amended by No. 48/1991 s. 13(3)(b).

relevant authority means—

(a) an authority under the Water Act 1989 that has a water or a sewerage district; or

(b) the Melbourne and Metropolitan Board of Works; and

works means works that—

(a) are required by or for the Council or a referral authority to provide roads or public utility services to the land; and

(b) are or are to be the responsibility of the Council or a referral authority after the maintenance period.

18 Council may require public open space

S. 18(1AA) inserted by No. 3/2013 s. 87(1), amended by No. 35/2015 s. 16(1).

(1AA) Subject to subsection (1AB), this section applies if a requirement for public open space is not specified in the planning scheme.

S. 18(1AB) inserted by No. 35/2015 s. 16(2), substituted by No. 7/2018 s. 17.

(1AB) This section does not apply to a parcel of land to which a planning scheme applies if—

(a) the planning scheme includes an approved infrastructure contributions plan that applies to that parcel of land; and

(b) on the development of the parcel of land—

(i) any land in that parcel of land specified in the approved infrastructure contributions plan to be set aside as public open space must be provided as part of the land component of an infrastructure contribution imposed under the approved infrastructure contributions plan; or

(ii) a land equalisation amount (within the meaning of section 46GF of the Planning and Environment Act 1987) will be imposed under the approved infrastructure contributions plan to pay for any land to be set aside for public open space under the plan; and

(c) the land in the parcel of land is of a type of land specified in a direction of a Minister pursuant to section 46GJ(2)(u) of the Planning and Environment Act 1987 as being land to which this subsection applies.

S. 18(1) amended by Nos 47/1989 s. 14(1)(a), 48/1991 s. 14(1)(a)(b), 57/1993 s. 9(1), 3/2013 s. 87(2).

(1) A Council acting as a responsible authority or a referral authority under the Planning and Environment Act 1987 may require the applicant who proposes to create any additional separately disposable parcel of land by a plan of subdivision to—

S. 18(1)(a) substituted by No. 34/1994 s. 3(1).

(a) set aside on the plan, for public open space, in a location satisfactory to the Council, a percentage of all of the land in the subdivision intended to be used for residential, industrial or commercial purposes, being a percentage set by the Council not exceeding 5 per cent; or

S. 18(1)(b) amended by No. 48/1991 s. 14(1)(c), substituted by No. 34/1994 s. 3(1).

(b) pay or agree to pay to the Council a percentage of the site value of all of the land in the subdivision intended to be used for residential, industrial or commercial purposes, being a percentage set by the Council not exceeding 5 per cent; or

S. 18(1)(c) substituted by No. 47/1989 s. 14(1)(b), amended by No. 34/1994 s. 3(2).

(c) do a combination of (a) and (b) so that the total of the percentages required under (a) and (b) does not exceed 5 per cent of the site value of all the land in the subdivision.

S. 18(1A) inserted by No. 48/1991 s. 14(2).

(1A) The Council may only make a public open space requirement if it considers that, as a result of the subdivision, there will be a need for more open space, having regard to—

(a) the existing and proposed use or development of the land;

(b) any likelihood that existing open space will be more intensively used after than before the subdivision;

(c) any existing or likely population density in the area of the subdivision and the effect of the subdivision on this;

(d) whether there are existing places of public resort or recreation in the neighbourhood of the subdivision, and the adequacy of these;

(e) how much of the land in the subdivision is likely to be used for places of resort and recreation for lot owners;

(f) any policies of the Council concerning the provision of places of public resort and recreation.

S. 18(1B) inserted by No. 57/1993 s. 9(2).

(1B) If a Council requires an applicant to pay or agree to pay an amount under subsection (1)—

(a) the amount must be paid before the Council issues its statement of compliance; and

(b) subject to paragraph (a), the time for payment of the amount is at the applicant's discretion; and

(c) despite paragraph (a), the whole or any part of the amount may be paid after the Council issues its statement of compliance if the applicant and the Council so agree under section 21(1)(b)(ii).

S. 18(2) substituted by No. 47/1989 s. 8(1)(a), amended by No. 34/1994 s. 3(3).

(2) In the case of a staged subdivision using the procedure under section 37—

S. 18(2)(a) amended by No. 48/1991 s. 14(3).

(a) if an open space requirement is to be made, it must be made for the master plan, but may be expressed to apply to any particular stage or stages; and

(b) if the requirement applies to the second or a subsequent stage, the location of the open space need not be defined except on the plan for that stage; and

(c) if the requirement applies to the second or a subsequent stage and is a requirement to pay money, the total amount to be paid may be apportioned between particular stages, and the proportion need not be specified except for the plans of the appropriate stages.

(3) Land intended to be used for residential, industrial or commercial purposes includes land set aside on the plan of subdivision for roads or other reserves incidental or ancillary to the use of the land for residential, industrial or commercial purposes.

(4) The applicant may agree with the Council to set aside or pay a percentage other than the set percentage.

S. 18(5) amended by No. 48/1991 s. 14(4).

(5) A public open space requirement may be made only once in respect of any of the land to be subdivided whether the requirement was made before or after the commencement of this section, unless subsection (6) applies.

(6) A further open space requirement may only be made when a building is subdivided and a public open space requirement was not made under section 569H of the Local Government Act 1958 or section 21A of the Building Control Act 1981 when the building was constructed.

(7) If any amount is paid to the Council under this section and the Council is satisfied that it is no longer intended to subdivide the land to create any additional lot, the Council may refund the amount paid to it.

(8) A public open space requirement is not required if—

(a) the subdivision is of a class of subdivision that is exempted from the public open space requirement by the planning scheme; or

(b) the subdivision is for the purpose of excising land to be transferred to a public authority, Council or a Minister for a utility installation; or

S. 18(8)(c) amended by No. 48/1991 s. 14(5).

(c) the subdivision subdivides land into two lots and the Council considers it unlikely that each lot will be further subdivided.

S. 18A inserted by No. 3/2013 s. 88.

18A Requirement for public open space in planning scheme

(1) This section applies to a requirement for public open space that is specified in a planning scheme.

(2) If a person is required to pay or agrees to pay an amount in respect of an open space requirement—

(a) the amount must be paid to the Council before the Council issues its statement of compliance; and

(b) subject to paragraph (a), the time for payment of the amount is at the person's discretion; and

(c) despite paragraph (a), the whole or any part of the amount may be paid after the Council issues its statement of compliance if the person and the Council so agree under section 21(1)(b)(ii).

(3) In the case of a staged subdivision using the procedure under section 37—

(a) the open space requirement must be made for the master plan, but may be expressed to apply to any particular stage or stages; and

(b) if the requirement applies to the second or a subsequent stage, the location of the open space need not be defined except on the plan for that stage; and

(c) if the requirement applies to the second or a subsequent stage and the requirement is to be met by a monetary payment, the total amount to be paid may be apportioned between particular stages, and the proportion need not be specified except for the plans of the appropriate stages.

(4) A public open space requirement may be made only once in respect of any of the land to be subdivided whether the requirement was made before or after the commencement of this section, unless subsection (5) applies.

(5) A further open space requirement may only be made when a building is subdivided and a public open space requirement was not made under section 569H of the Local Government Act 1958 or section 21A of the Building Control Act 1981 when the building was constructed.

(6) If any amount is paid to the Council under this section and the Council is satisfied that it is no longer intended to subdivide the land to create any additional lot, the Council may refund the amount paid to it.

19 Valuation of land for public open space

S. 19(1) amended by Nos 91/1994 s. 36(9), 94/2009 s. 34, 3/2013 s. 89(1).

(1) The Council may obtain a valuation of the land for the purposes of section 18 or 18A or a public open space requirement in a planning scheme from a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation of Land Act 1960 if the value is not agreed.

S. 19(2) substituted by Nos 48/1991 s. 15(1), 3/2013 s. 89(2).

(2) The land is to be valued on a day not more than 12 months before the date for compliance with the public open space requirement.

(3) The Council must give the applicant a copy of the valuation.

S. 19(4) amended by No. 48/1991 s. 15(2), substituted by No. 47/2007 s. 20.

(4) Part III of the Valuation of Land Act 1960 (except Division 2) applies to the valuation as if the valuation had been made under Part 8 of the Local Government Act 1989.

S. 19(5) substituted by Nos 48/1991 s. 15(3), 3/2013 s. 89(3).

(5) If the public open space requirement is not complied with within 12 months after it is required under section 18 or 18A or a planning scheme, the Council may obtain a revaluation at each anniversary of the making of the requirement, and vary the requirement accordingly.

20 What must the Council do with public open space?

(1) A Council must set aside for public open space any land which is vested in the Council for that purpose.

S. 20(2) substituted by No. 48/1991 s. 16(1).

(2) The Council must use any payment towards public open space it receives under this Act or has received under section 569B(8A) of the Local Government Act 1958 but has not applied under subsection (8C) of that section or the proceeds of any sale of public open space to—

(a) buy land for use for public recreation or public resort, as parklands or for similar purposes; or

(b) improve land already set aside, zoned or reserved (by the Council, the Crown, a planning scheme or otherwise) for use for public recreation or public resort, as parklands or for similar purposes; or

S. 20(2)(c) amended by No. 9/2020 s. 390(Sch. 1 item 97).

(c) with the approval of the Minister administering the Local Government Act 2020, improve land (whether set aside on a plan or not) used for public recreation orpublic resort, as parklands or for similar purposes.

S. 20(3) repealed by No. 48/1991 s. 16(2).

(4) Public open space can be used for municipal purposes in accordance with the planning scheme, or sold only if the Council has provided for replacement public open space.

S. 20(5) inserted by No. 7/2018 s. 18.

(5) This section does not apply in relation to any land that is specified in an approved infrastructure contributions plan as land to be set aside as public open space.

S. 20A inserted by No. 47/1989 s. 12(3).

20A Land to be marked out

(1) If works are not required in connection with a plan of subdivision, the applicant must, before the Council gives its statement of compliance, submit to the Council written advice in the prescribed form by a licensed surveyor—

S. 20A(1)(a) substituted by No. 48/1991 s. 17(1), amended by No. 47/2004 s. 71(Sch. item 4).

(a) that at the date the advice is given—

(i) where appropriate, roads and reserves are marked out or defined; and

(ii) where appropriate, the boundaries of the land in the plan, the lots and the common property are marked out or defined—

and any supporting survey monumentation required under the Surveying Act 2004 or the Survey Co-ordination Act 1958 is in place; and

(b) if there is a substantial discrepancy between a boundary and the boundary as shown on the plan, that a substantial discrepancy exists.

(2) If works are required in connection with a plan of subdivision, the applicant must, not earlier than the date of completion of the works and not later than the end of one month after that date of completion, submit to the Council written advice in the prescribed form by a licensed surveyor—

S. 20A(2)(a) substituted by No. 48/1991 s. 17(2), amended by No. 47/2004 s. 71(Sch. item 4).

(a) that at the date the advice is given—

(i) where appropriate, roads and reserves are marked out or defined; and

(ii) where appropriate, the boundaries of the land in the plan, the lots and the common property are marked out or defined—

and any supporting survey monumentation required under the Surveying Act 2004 or the Survey Co-ordination Act 1958 is in place; and

(b) if there is a substantial discrepancy between a boundary and the boundary as shown on the plan, that a substantial discrepancy exists.

(3) In this section works means—

(a) works within the meaning of section 17(6); or

(b) building works which define any boundary; or

(c) works required by a planning scheme or permit, the plan of subdivision, an engineering plan, a nominated relevant authority under section 17, or an agreement made under section 17.

S. 21 amended by No. 47/1989 s. 8(1)(b).

21 Statement of compliance with statutory requirements

S. 21(1) amended by Nos 35/2006 s. 8(1), 7/2018 s. 19(1).

(1) Subject to subsections (2C) and (2CA), a Council must issue a statement of compliance to the applicant in the prescribed form as soon as possible after—

(a) the applicant has given it the prescribed information; and

(b) it is satisfied that—

S. 21(1)(b)(i) amended by Nos 47/1989 s. 19(l), 48/1991 s. 18(1).

(i) all requirements of and under this Part and the Planning and Environment Act 1987 that relate to public works have been met; or

(ii) there is an agreement to secure compliance with those requirements.

S. 21(2) inserted by No. 47/1989 s. 8(1)(c), amended by No. 34/1994 s. 4(1).

(2) In the case of a staged subdivision using the procedure under section 37—

S. 21(2)(a) amended by No. 48/1991 s. 18(2)(a).

(a) a statement of compliance for the master plan must contain the prescribed information; and

(b) a statement of compliance for a plan of the second or a subsequent stage must contain the prescribed information; and

S. 21(2)(c) substituted by No. 48/1991 s. 18(2)(b).

(c) a statement of compliance for the first stage (but not the residual land) is a sufficient statement of compliance to enable the master plan to be registered; and

S. 21(2)(d) inserted by No. 48/1991 s. 18(2)(b).

(d) a statement of compliance for the second or a subsequent stage (but not for the residual land on the plan for that stage) is a sufficient statement of compliance to enable that plan to be registered.

S. 21(2A) inserted by No. 35/2006 s. 8(2), amended by No. 10/2017 s. 37(1)(a).

(2A) A Council, within 7 days after receiving the request for the issue of the statement of compliance in relation to a plan of a subdivision that relates to land which is within a project area for which a resolution is in force under Division 5A of Part 3 of the Development Victoria Act 2003 levying a general development charge or infrastructure recovery charge, must—

S. 21(2A)(a) amended by No. 10/2017 s. 37(1)(b).

(a) notify Development Victoria in writing—

(i) of the receipt of that request and the date of that receipt; and

(ii) as to whether the land in the plan of subdivision has been the subject of a subdivision of land in the period of 3 years immediately preceding the date of that receipt; and

S. 21(2A)(b) amended by No. 10/2017 s. 37(1)(b).

(b) provide Development Victoria with a copy of the planning permit for that subdivision.

S. 21(2B) inserted by No. 35/2006 s. 8(2).

(2B) Subsection (2A) does not apply to a plan of subdivision that involves an alteration to the boundaries of the lots on an existing plan of subdivision but does not increase the number of lots above the number of lots on that existing plan of subdivision.

S. 21(2C) inserted by No. 35/2006 s. 8(2), amended by No. 10/2017 s. 37(1).

(2C) A Council must not issue a statement of compliance under this section in relation to a plan of subdivision for which it has given notice under subsection (2A) unless Development Victoria has notified the Council under section 51ZA of the Development Victoria Act 2003 that—

(a) a general development charge or an infrastructure recovery charge is not payable in respect of the subdivision; or

S. 21(2C)(b) amended by No. 10/2017 s. 37(2).

(b) if a general development charge or an infrastructure recovery charge is payable in respect of the subdivision, the charge has been paid or the person liable to pay the charge has entered into an agreement with Development Victoria under section 51Y of that Act to pay the charge.

S. 21(2CA) inserted by No. 7/2018 s. 19(2).

(2CA) A Council must not issue a statement of compliance under this section in relation to a plan relating to land, in respect of which an infrastructure contribution is imposed under an approved infrastructure contributions plan, unless the applicant has satisfied the Council that—

(a) in the case of a monetary component amount and any land equalisation amount of the infrastructure contribution—

(i) the applicant has paid those amounts to the collecting agency in accordance with section 46GV(3) of the Planning and Environment Act 1987; or

(ii) the applicant has entered into an agreement with the collecting agency under section 46GV(3) of that Act for the payment of those amounts; and

(b) if any of the land in the plan is required to be provided to the collecting agency or a development agency as part of the land component of the infrastructure contribution—that land has been set aside as a reserve or a road on the plan to vest in the collecting agency or the development agency (as the case requires) under this Act.

S. 21(3) inserted by No. 48/1991 s. 18(3), amended by No. 126/1993 s. 264(Sch. 5 item 20).

(3) A Council cannot refuse to issue a statement of compliance because a requirement made in relation to an application, approval, permit or certificate under the Building Act 1993 or in relation to regulations under that Act remains outstanding.

S. 21(4) inserted by No. 48/1991 s. 18(3).

(4) If—

S. 21(4)(a) amended by No. 34/1994 s. 4(2).

(a) the Council and the owners of all or any of the lots in a staged subdivision within the meaning of section 37(1) have entered into an agreement under Division 2 of Part 9 of the Planning and Environment Act 1987, whether or not any other people are also parties to that agreement; and

(b) the Council is satisfied that the owners of any of the lots in a stage who entered into the agreement—

(i) have paid all money then due by them under the agreement; and

(ii) have met all other obligations then imposed under the agreement; and

(c) the Council is satisfied that, under the agreement, they have no further liability to pay money and no further obligations—

the Council may, in the statement of compliance, provide that the agreement no longer applies to specified land in that stage.

S. 21(4A) inserted by No. 34/1994 s. 4(3).

(4A) In subsection (4), stage means—

(a) for a staged subdivision using the procedure under section 37, a stage provided for in that section; or

(b) for a subdivision of land in stages not using that procedure, the land in a plan of subdivision that, in accordance with the authorising planning scheme or permit, forms one of those stages.

(5) If the statement of compliance contains a provision mentioned in subsection (4) and the agreement relates only to the land covered by that provision, then for all purposes the agreement ends on the date of issue of the statement of compliance.

(6) If a statement of compliance contains a provision mentioned in subsection (4) and the provision does not cover all the land covered by the agreement, the agreement must for all purposes be taken to have been amended, in accordance with that provision, on the date of issue of the statement of compliance.

(7) Land which was subject to a charge under section 175(4) of the Planning and Environment Act 1987 and to which, because of a provision in the statement of compliance, the agreement no longer applies, ceases to be subject to the charge on the date of issue of the statement.

S. 21(8) substituted by No. 3/2013 s. 90.

(8) Sections 179 to 183 (except sections 181(1) and 182A) of the Planning and Environment Act 1987 apply to the ending or amending of an agreement under this section.

S. 21(8A) inserted by No. 3/2013 s. 90.

(8A) Section 181(1) of the Planning and Environment Act 1987 applies to the ending or amending of an agreement under this section as if for the expression "must apply to the Registrar of Titles, without delay," there were substituted the expression "may apply to the Registrar of Titles".

S. 21(9) inserted by No. 23/2010 s. 19.

(9) A Council, within 7 days after issuing a statement of compliance under this section for a plan of subdivision relating to land in respect of which there is a GAIC recording (within the meaning of Part 9B of the Planning and Environment Act 1987), must give a notice to the Commissioner of State Revenue referred to in section 62 of the Taxation Administration Act 1997 that the statement has been issued and a copy of the statement unless—

(a) the issue of the statement of compliance is an excluded event (within the meaning of section 201RB of the Planning and Environment Act 1987); or

(b) any one of the circumstances described in section 201SA of the Planning and Environment Act 1987 applies to the land.

S. 21(10) inserted by No. 1/2020 s. 144.

(10) A Council, within 7 days after issuing a statement of compliance under this section for a plan of subdivision relating to land in respect of which there is a levy recording (within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020), must give the Secretary to the Department of Environment, Land, Water and Planning—

(a) written notice that the statement has been issued; and

(b) a copy of the statement; and

(c) a copy of that plan of subdivision.

S. 21A inserted by No. 47/1989 s. 19(m), amended by No. 48/1991 s. 19(a).

21A Enforcement of agreements

(1) Subject to this section, Division 2 of Part 9 of the Planning and Environment Act 1987 applies to an agreement under section 21(1)(b)(ii) as if a relevant authority within the meaning of section 17(6), a referral authority or the Council (as the case requires) were the responsible authority.

S. 21A(2) inserted by No. 48/1991 s. 19(b).

(2) An agreement under section 21(1)(b)(ii) does not have to be under seal.

S. 21A(2A) inserted by No. 3/2013 s. 91.

(2A) If an agreement referred to in subsection (2) is under seal—

(a) section 182A of the Planning and Environment Act 1987 does not apply to it; and

(b) section 181(1) of the Planning and Environment Act 1987 applies to it as if for the expression "must apply to the Registrar of Titles, without delay," there were substituted the expression "may apply to the Registrar of Titles".

S. 21A(3) inserted by No. 48/1991 s. 19(b).

(3) If an agreement referred to in subsection (2) is not under seal, sections 174(1), 179 and 181 to 183 of the Planning and Environment Act 1987 do not apply to it.

S. 21A(4) inserted by No. 48/1991 s. 19(b).

(4) In this section and in section 21(1)(b)(ii) agreement includes an arrangement or understanding, whether written, oral or by conduct.

Part 4—Registration of certified plans

22 When can the Registrar register a plan?

(1) The Registrar may register a plan if—

S. 22(1)(a) amended by No. 47/1989 s. 18(1)(d).

(a) it appears to the Registrar that the plan has been certified by the Council and the certification remains valid; and

S. 22(1)(b) amended by Nos 48/1991 s. 20(1)(a), 42/2017 s. 52(1)(a).

(b) the applicant provides a statement of compliance with the plan, or an acquiring authority, Minister, government department, public authority or Council submits a statement that the plan is exempt from Part 3; and

S. 22(1)(c) substituted by Nos 47/1989 s. 8(1)(d), 48/1991 s. 20(1)(b), 42/2017 s. 52(1)(b).

(c) in the case of a master plan—

(i) each of those persons listed in subsection (1A) whose encumbrance mentioned in that subsection relates to the land in the first stage (but not the residual land) consents in writing to the registration of the plan; or

(ii) the applicant satisfies the Registrar that each of the persons listed in subsection (1A) whose encumbrance mentioned in that subsection relates to the land in the first stage (but not the residual land) consents to the registration of the plan; and

S. 22(1)(d) substituted by No. 48/1991 s. 20(1)(b), amended by No. 34/1994 s. 5(a), substituted by No. 42/2017 s. 52(1)(b).

(d) in the case of a plan for the second
or a subsequent stage in a staged subdivision using the procedure under section 37—

(i) each of the persons listed in subsection (1A) whose encumbrance mentioned in that subsection relates to that stage (but not the residual land) consents in writing to the registration of the plan; or

(ii) the applicant satisfies the Registrar that each of the persons listed in subsection (1A) whose encumbrance mentioned in that subsection relates to that stage (but not the residual land) consents to the registration of the plan; and

S. 22(1)(da) inserted by No. 48/1991 s. 20(1)(b), amended by No. 34/1994 s. 5(b), substituted by No. 42/2017 s. 52(1)(b).

(da) in the case of a plan that is not a plan for a staged subdivision using the procedure under section 37—

(i) each of the persons listed in subsection (1A) whose encumbrance mentioned in that subsection relates to the land on the plan consents in writing to the registration of the plan; or

(ii) the applicant satisfies the Registrar that each of the persons listed in subsection (1A) whose encumbrance mentioned in that subsection relates to the land on the plan consents to the registration of the plan; and

S. 22(1)(e) amended by Nos 47/1989 s. 19(n), 48/1991 s. 20(2)(a), 57/1993 s. 10(1), substituted by No. 42/2017 s. 52(1)(b).

(e) the land is under the Transfer of Land Act 1958 except for a plan referred to in section 35; and

S. 22(1)(f) inserted by No. 92/1989 s. 7(a), amended by No. 48/1991 ss 20(2)(b), 30(2)(a), substituted by No. 69/2006 s. 210(1), amended by No. 23/2010 s. 20(a).

(f) except for a plan referred to in section 23, 24A, 32A, 35, 36 or 37 or Division 3 of Part 5 or that is in accordance with a court orTribunal order under this Act, none of theland in the plan is land affected by an existing owners corporation; and

S. 22(1)(g) inserted by No. 23/2010 s. 20(b), amended by Nos 11/2017 s. 99, 42/2017 s. 52(1)(c), substituted by No. 18/2023 s. 105.

(g) in the case of a plan of subdivision of land (other than a plan of subdivision submitted under section 35) in respect of which there is a GAIC recording, the application to register the plan is supported by—

(i) a notice relating to that land issued by the Commissioner of State Revenue under section 201SZG of the Planning and Environment Act 1987; or

(ii) an application relating to that land made under section 201UC of the Planning and Environment Act 1987 by the Victorian Planning Authority or the Commissioner of State Revenue.

S. 22(1A) inserted by No. 48/1991 s. 20(3).

(1A) For the purposes of subsection (1)(c), (d) and (da) the following are listed persons—

S. 22(1A)(a) amended by No. 57/1993 s. 10(2)(a).

(a) a registered mortgagee, registered lessee or registered sub-lessee;

S. 22(1A)(b) substituted by No. 57/1993 s. 10(2)(b).

(b) the registered annuitant;

S. 22(1A)(c) amended by Nos 57/1993 s. 10(2)(b), 42/2017 s. 52(2)(a).

(c) a caveator claiming an interest in the freehold estate, whose caveat is recorded in the Register;

S. 22(1A)(d) amended by Nos 57/1993 s. 10(2)(c)(i)(ii), 42/2017 s. 52(2)(b).

(d) a person whose mortgage, annuity, caveat, lease or sub-lease was lodged before the lodging of the plan.

S. 22(1AA) inserted by No. 57/1993 s. 10(3).

(1AA) If a plan provides that land becomes common property, then for the purposes of subsection (1)(c), (d) and (da) consent to the registration of the plan is not required from any person with an interest in the common property but not in the land.

S. 22(1AB) inserted by No. 57/1993 s. 10(3), substituted by No. 42/2017 s. 52(3).

(1AB) If a person's consent to the registration of a plan is required, consent is taken to be given if the person—

(a) requests the Registrar to register the plan; or

(b) produces or nominates a certificate of title for the registration of the plan.

S. 22(1AC) inserted by No. 57/1993 s. 10(3).

(1AC) The Registrar may treat as consent from a person whose consent to the registration of a plan is required—

(a) in the case of a natural person, a consent or request to register the plan apparently made on behalf of that person; or

(b) in the case of a corporation or a statutory corporation, a consent or request to register the plan—

(i) apparently made on behalf of the corporation; or

(ii) apparently signed by a director or other person concerned in the management of the corporation; or

(iii) apparently signed by a person who manages the corporation's transactions or securities affecting land.

S. 22(1AD) inserted by No. 57/1993 s. 10(3).

(1AD) The Registrar need not—

(a) enquire as to the existence or scope of the authority to sign of a person who signs a consent or a request to which subsection (1AB) or (1AC) applies; or

(b) call for or examine any documents relating to any of the matters referred to in paragraph (a).

S. 22(1B) inserted by No. 48/1991 s. 20(3), substituted by No. 42/2017 s. 52(4).

(1B) The applicant may apply to the Registrar for service of a notice under subsection (1C) on a person whose consent to the registration of a plan is required if—

(a) the person has refused consent; or

(b) the applicant satisfies the Registrar that consent cannot be obtained from the person.

S. 22(1C) inserted by No. 48/1991 s. 20(3).

(1C) The notice must—

(a) state that the applicant has applied for registration of the plan; and

(b) specify a day, being not less than 30 days from the service of the notice, before which notice of refusal to consent may be given; and

(c) state that the person served with the notice is to be taken to have consented to the registration of the plan unless before the day specified in the notice the person gives to the Registrar written notice of refusal to consent.

S. 22(1D) inserted by No. 48/1991 s. 20(3).

(1D) A person served with a notice under subsection (1B) must be taken to have consented to the registration of the plan if before the day specified in the notice the person has not given to the Registrar written notice of refusal to consent.

S. 22(1E) inserted by No. 48/1991 s. 20(3), amended by No. 42/2017 s. 52(5).

(1E) Where a person whose consent to the registration of a plan is required refuses to consent, the applicant for its registration may apply to the Supreme Court for an order consenting to the registration of the plan on behalf of the person whose consent was required.

S. 22(1F) inserted by No. 48/1991 s. 20(3), amended by No. 42/2017 s. 52(6).

(1F) On the application, the Supreme Court, if satisfied that the refusal of consent was unreasonable, may make the order sought.

S. 22(2) substituted by No. 47/1989 s. 7(1)(e).

(2) If the Registrar is satisfied that a certified plan requires corrections before it can be registered, the Registrar may—

S. 22(2)(a) amended by No. 42/2017 s. 52(7)(a).

(a) if satisfied that the corrections are minor in nature, make them, or require the applicant or a licensed surveyor acting on behalf of the applicant to make them on the certified plan, without returning the plan to the applicant for it to be amended under section 11; or

S. 22(2)(b) amended by No. 42/2017 s. 52(7)(b).

(b) in any other case, return the plan to the applicant or a licensed surveyor acting on behalf of the applicant to be amended under section 11.

S. 22A inserted by No. 80/2009 s. 97, substituted by No. 42/2017 s. 53.

22A Registrar may require documents and information

(1) The Registrar, for the purposes of this Act or any other Act, may require any person to—

(a) submit any certificate of title, instrument, administrative notice or other document; or

(b) give any information; or

(c) comply with any requisition relating to any land.

(2) If the Registrar considers it necessary or appropriate to do so, the Registrar, by notice in writing to any person who has or may have the custody or control of any certificate of title, may require the person to bring the certificate of title into the Office of Titles within a period specified in the notice, being not less than 30 days from the date the notice bears, to be destroyed, inspected or otherwise dealt with, as the case requires.

(3) Despite anything in this Act or any other Act, the Registrar, at the Registrar's discretion, may dispense with the submission of any certificate of title or any instrument or document or any signature or the supply of any information or any advertisement or notice.

(4) The Registrar, for the purposes of this Act or any other Act, may require any person to verify any matter by statutory declaration.

(5) The Registrar, for the purposes of this Act or any other Act, may require a person to provide a certification in accordance with section 106A of the Transfer of Land Act 1958 in place of evidence.

S. 22B inserted by No. 42/2017 s. 54.

22B Registrar to refuse registration if documents or evidence not supplied

If the Registrar is of the opinion that the submission of any document, a response to any requisition or the giving of any information, evidence or notice or the doing of any act is necessary or desirable, then, if the document, information, evidence or notice is not supplied or given or the act is not done within such time as the Registrar allows—

(a) the Registrar may refuse to accept, complete or proceed with any application, registration, dealing or matter whatsoever or to do any act or make any entry or memorandum; and

(b) the Registrar may return all or any of the instruments and documents lodged in connection with the matter that the Registrar thinks fit; and

(c) the fees paid in respect of the matter are forfeited.

23 What if a planning scheme directs the creation, removal or variation of rights?

S. 23(1) amended by No. 47/1989 ss 5(4)(g), 6(3)(a)(b), substituted by No. 48/1991 s. 21(1), amended by No. 57/1993 s. 11.

(1) If a planning scheme or permit regulates or authorises the creation, removal or variation of an easement or restriction, the owner of the land burdened or to be burdened by the easement or restriction must, in accordance with the planning scheme or permit and with the Planning and Environment Act 1987, lodge a certified plan at the Office of Titles for registration.

S. 23(2) substituted by No. 48/1991 s. 21(1).

(2) The consent of any other person who has an estate, interest or claim in the land is not required to the certification and registration of a plan referred to in subsection (1).

S. 23(3) inserted by No. 47/1989 s. 6(3)(c), amended by No. 48/1991 s. 21(2).

(3) If the planning scheme or permit also relates to the subdivision or consolidation of land, the certified plan required by subsection (1) may be a plan of subdivision or consolidation.

S. 23(4) inserted by No. 48/1991 s. 21(3).

(4) If the planning scheme or a permit regulates or authorises the variation or removal of a condition in the nature of an easement in a Crown grant, a person may proceed under this section as if the condition were an easement and, where a person does so, this Act applies as if any reference to an easement included a reference to that condition.

S. 23(5) inserted by No. 48/1991 s. 21(3).

(5) Subsection (4) applies despite anything to the contrary in the Land Act 1958 or in a Crown grant.

24 What is the effect of registration?

S. 24(1) amended by Nos 47/1989 s. 19(o), 42/2017 s. 55.

(1) The registration of a plan takes effect when the Registrar records that the plan has been registered.

(2) Upon registration—

S. 24(2)(a) amended by No. 48/1991 s. 22(1)(a).

(a) land set aside as a reserve vests in the body named in the plan freed and discharged from any mortgage, charge, notice or memorandum of charge, restriction, lease or sub-lease; and

S. 24(2)(ab) inserted by No. 7/2018 s. 20(1).

(ab) land set aside as a reserve for public purposes in accordance with an approved infrastructure contributions plan vests in the collecting agency named in that plan freed and discharged from any mortgage, charge, notice or memorandum of charge, restriction, lease or sub-lease; and

S. 24(2)(b) amended by No. 48/1991 s. 22(1)(a).

(b) land set aside as a road vests in the Council or any other person or body identified for that purpose in the plan freed and discharged from any mortgage, charge, notice or memorandum of charge, restriction, lease or sub-lease; and

S. 24(2)(ba) inserted by No. 80/2009 s. 98, amended by No. 7/2018 s. 20(2).

(ba) any agreement under section 173 of the Planning and Environment Act 1987 applying to land vested in a Council or a collecting agency under paragraph (a), (ab) or (b) ceases to apply to that land; and

(c) any road vested in the Council becomes a public highway; and

S. 24(2)(d) amended by No. 47/1989 s. 5(4)(h).

(d) any easement, restriction or other right is created, varied or removed as specified in the plan; and

S. 24(2)(da) inserted by No. 81/1989 s. 3(Sch. item 50).

(da) any right to take water conferred by section 8 of the Water Act 1989 is allocated as specified in the plan; and

S. 24(2)(e) amended by No. 47/1989 s. 6(3)(d).

(e) any easements or rights implied by section 12(2) are created; and

(f) the registered plan replaces or modifies any previous registered plan; and

S. 24(2)(g) inserted by No. 48/1991 s. 22(1)(b), amended by No. 69/2006 s. 210(2).

(g) if it is a plan referred to in section 23, 24A, 32B, 35 or 37 or Division 3 of Part 5, the registered plan amends any previous registered plan in the ways indicated in that later registered plan.

S. 24(2A) inserted by No. 47/1989 s. 15.

(2A) When the land set aside as a road vests in a Council, person or body—

(a) the land continues under the operation of the Transfer of Land Act 1958 and the Council, person or body is deemed to be its registered proprietor; and

(b) the Registrar need not create a folio of the register or produce a certificate of title for the land; and

(c) the Registrar may delete any folio of the register so far as it relates to that land.

S. 24(2B) inserted by No. 18/2023 s. 106.

(2B) Nothing in this section discharges a liability for a growth areas infrastructure contribution that has arisen in relation to land under Part 9B of the Planning and Environment Act 1987.

S. 24(3) amended by No. 18/1989 s. 15(b).

(3) The Registrar must create a folio of the Register under the Transfer of Land Act 1958 for—

(a) each lot; and

(b) each reserve.

S. 24(4) amended by Nos 92/1989 s. 7(b), 18/1989 s. 15(b).

(4) Despite anything in subsection (3) of this section or in section 28(e), the Registrar may decide not to create a folio of the Register under the Transfer of Land Act 1958 if—

S. 24(4)(a) amended by No. 18/1989 s. 15(c).

(a) a document required by the Registrar has not been submitted or lodged; or

S. 24(4)(b) amended by Nos 18/1989 s. 15(d), 52/1998
s. 311(Sch. 1 item 86.1).

(b) there is an order of a court or the Victorian Civil and Administrative Tribunal prohibiting the creation of the folio of the Register; or

S. 24(4)(c) substituted by No. 18/1989 s. 15(e).

(c) the creation of a folio of the register is not required by the owner and its creation would not be desirable; or

S. 24(4)(d) amended by No. 18/1989 s. 15(f).

(d) in the opinion of the Registrar, other special circumstances make the creation of the folio of the Register undesirable or unnecessary.

S. 24(5) inserted by No. 47/1989 s. 19(p).

(5) The Registrar must make any amendments to any registered plan or to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of this Act.

S. 24(6) inserted by No. 48/1991 s. 22(2).

(6) Where a plan amending a previous registered plan is lodged for registration, it must be accompanied by substitute sheets for the sheets of the registered plan that require amendment, and the Registrar may substitute those sheets for the appropriate sheets of the registered plan and, on the making of the substitution, those substituted sheets form part of the registered plan.

S. 24A inserted by No. 48/1991 s. 23, amended by No. 57/1993 s. 12(1)(a)(b).

24A Reserves and other similar land

(1) If required or authorised to do so by the planning scheme or a permit, a person or body listed in column 1 of the Table may lodge at the Titles Office for registration a certified plan to do any of the things listed in relation to that person or body in column 2 of the Table in relation to the whole or any part of land referred to in that part of the column.

S. 24A(1) (Table) amended by No. 57/1993 s. 12(2).

TABLE

| Column 1<br>Person or body | Column 2<br>Action | | A Council | Vest in itself land shown or set aside as a reserve on a registered but not certified plan. | | A Council | Vest in itself land on a registered but not certified plan that is not shown or set aside as a lot, common property, road or reserve. | | The person or body in whom or in which the land is vested | Remove a reservation from land shown or set aside as a reserve on a registered but not certified plan or shown on a plan prepared under this section. | | The person or body in whom or in which the land is vested | Remove a reservation from land set aside as a reserve on a certified and registered plan. | | The person or body in whom or in which the land is vested | Remove any restriction on the use of land vested under section 18 of the Cluster Titles Act 1974. |

S. 24A(1A) inserted by No. 57/1993 s. 12(3).

(1A) A plan referred to in subsection (1) may do anything else that can be done by a plan under this Act.

S. 24A(1AB) inserted by No. 42/2017 s. 56.

(1AB) A plan under this Act may do any of the things a plan referred to in subsection (1) can do.

S. 24A(2) amended by No. 57/1993 s. 12(4).

(2) In addition to the requirements of this Act about the certification of plans, the Council may certify a plan removing a reservation or restriction prepared under subsection (1) if the applicant satisfies it that the land in the plan need no longer be used for the purpose for which it is currently reserved or used.

(3) In addition to section 24, on the registration of a plan prepared under this section—

(a) the land in the plan vests; or

(b) any reservation or restriction referred to in the Table in subsection (1) is removed from the land in the plan—

as is specified in the plan.

(4) On the registration of a plan vesting land in a body, the land is freed and discharged from any mortgage, charge, lease or sub-lease.

(5) On the registration of a plan removing a reservation or restriction referred to in the Table in subsection (1) over land, the land becomes a lot.

(6) The Registrar may register a plan under this section without delivery of any relevant certificate of title.

(7) On the registration of the plan the body in which the land is vested may—

(a) subject to section 20 or to any other Act under which the body is created, sell it; or

(b) use it for any purpose consistent with any Act under which it operates and with the planning scheme.

(8) If a body sells land under this section that was public open space, it must apply the proceeds—

(a) first, in paying the expenses of or incidental to the sale;

S. 24A(8)(b) substituted by No. 42/2017 s. 57.

(b) secondly, for any of the following recreational or cultural purposes—

(i) halls and public buildings;

(ii) sport, recreation, leisure and arts;

(iii) parks, gardens and reserves;

(iv) libraries and museums;

(v) historic buildings and places;

(vi) public entertainment.

25 Notification of Councils and referral authorities

(1) After registration of the plan, the Registrar must notify the Council and the Council must then notify any public authority for which an easement has been created or in which a reserve has vested.

(2) The Registrar must notify the Council if a plan which has been lodged in the Office of Titles is—

(a) withdrawn; or

(b) refused registration by the Registrar.

(3) The Council must notify any referral authority affected by the withdrawal or refusal.

S. 25(4) amended by No. 47/1989 ss 5(4)(i), 6(3)(e)(i)(ii), repealed by No. 48/1991 s. 24.

26 Boundary plans

(1) A person intending to subdivide land or an acquiring authority may apply at any time to the Registrar for approval of a boundary plan showing—

(a) the outer boundaries of the land; and

(b) abuttals; and

(c) any other matter required by the Registrar.

(2) The Registrar must—

(a) approve the plan; or

(b) reject the plan giving reasons in writing—

Pt 5 (Heading and ss 27–34) amended by Nos 47/1989 ss 5(4)(j),
9(a)–(p), 10, 19(q), 92/1989 ss 4, 5, 7(c)(d), 48/1991 ss 25–29, 30(1)(2)(b), 57/1993 s. 13, 17(2), 44/2001 s. 3(Sch. item 106), substituted as Pt 5
(Headings and ss 27–34H) by No. 69/2006 s. 211.

Part 5—Subdivisions with owners corporations

Division 1—Creation of owners corporation

S. 27 substituted by No. 69/2006 s. 211.

27 How is an owners corporation created?

(1) A plan may provide for the creation of one or more owners corporations consisting of the owners of specified lots.

(2) An owners corporation may be—

(a) an unlimited owners corporation; or

(b) a limited owners corporation.

(3) The plan must specify whether an owners corporation is an unlimited owners corporation or a limited owners corporation.

(4) The plan must specify the lots and common property to be affected by the owners corporation.

S. 27A inserted by No. 69/2006 s. 211.

27A If there is common property an owners corporation must be created

A plan which contains common property must provide for the creation of one or more owners corporations.

S. 27B inserted by No. 69/2006 s. 211, substituted by No. 42/2017 s. 58.

27B Purposes of an unlimited owners corporation

The purposes of an unlimited owners corporation must be provided to the Registrar in a manner acceptable to the Registrar.

S. 27C (Heading) substituted by No. 42/2017 s. 59(1).

S. 27C inserted by No. 69/2006 s. 211.

27C Limited owners corporations

S. 27C(1) repealed by No. 42/2017 s. 59(2).

S. 27C(2) substituted by No. 42/2017 s. 59(3).

(2) The purposes of a limited owners corporation must be provided to the Registrar in a manner acceptable to the Registrar.

(3) Only the members of a limited owners corporation affecting a lot are entitled to use any common property affected by that limited owners corporation.

(4) The plan may be accompanied by a document specifying the functions or obligations of the limited owners corporation under the Owners Corporations Act 2006 that are to be carried out or complied with by the unlimited owners corporation affecting the land affected by the limited owners corporation.

(5) If a document accompanying a plan specifies functions or obligations as provided for in subsection (4), then, despite anything to the contrary in the Owners Corporations Act 2006, on the registration of the plan—

(a) the unlimited owners corporation must carry out those functions or comply with those obligations instead of the limited owners corporation; and

(b) the limited owners corporation is not required to carry out those functions or comply with those obligations.

Example

A document accompanying a plan may specify that the unlimited owners corporation is to issue owners corporation certificates instead of the limited owners corporation.

S. 27D inserted by No. 69/2006 s. 211.

27D Restriction on creation of owners corporations

(1) A lot must not be affected by more than one unlimited owners corporation.

(2) A lot must not be affected by more than one owners corporation unless—

(a) one of the owners corporations is an unlimited owners corporation; and

(b) all the other owners corporations affecting the lot are limited owners corporations.

S. 27E inserted by No. 69/2006 s. 211.

27E Creation of rules

S. 27E(1) amended by No. 6/2008 s. 37(1).

(1) A plan providing for the creation of an owners corporation or for the merger of owners corporations may be accompanied by a document specifying proposed rules for the owners corporation.

(2) On the registration of the plan, the rules must be taken to be rules made by the owners corporation under the Owners Corporations Act 2006 and may be revoked or amended accordingly.

Part 8 of the Owners Corporations Act 2006 provides for the powers to make rules of an owners corporation.

S. 27EA inserted by No. 4/2021 s. 87.

27EA Initial owner to engage surveyor

(1) For the purposes of preparing a plan under this Part, an initial owner must engage a licensed surveyor to set out the initial allocation of lot liability and lot entitlement in the plan.

(2) Subsection (1) does not apply to a tier five owners corporation within the meaning of section 7(6)(a) of the Owners Corporations Act 2006.

S. 27F inserted by No. 69/2006 s. 211.

27F Plan must specify lot entitlement and lot liability

S. 27F(1) substituted by No. 4/2021 s. 88(1).

(1) A plan providing for the creation of an owners corporation or for the merger of owners corporations must—

(a) specify details of lot entitlement and lot liability; and

(b) be accompanied by a statement detailing how the lot entitlement and lot liability is allocated in accordance with subsection (4).

S. 27F(2) substituted by No. 42/2017 s. 60, amended by No. 4/2021 s. 88(2).

(2) A statement referred to in subsection (1)(b) and any other prescribed information must be provided to the Registrar in a manner acceptable to the Registrar.

(3) The prescribed information that a document must contain under subsection (2) is not limited to information about the owners corporation or lot entitlement or lot liability.

S. 27F(4) inserted by No. 4/2021 s. 88(3).

(4) For the purposes of this section—

(a) lot liability in the plan must be allocated equally between the lots unless—

(i) there is a substantial difference in size between the lots; or

(ii) different lots have a bearing on the consumption or use of common utilities or the cost of maintaining the common property; or

(iii) the number of occupiers in each lot has a greater bearing on the consumption or use of the common utilities or the cost of maintaining the common property than the size of the lot; and

(b) lot entitlement in the plan must be allocated on the basis of the market value of the lot and the proportion that value bears to the total market value of the lots.

S. 27F(5) inserted by No. 4/2021 s. 88(3).

(5) For the purposes of subsection (4)(a), lot liability must be allocated on the basis of—

(a) in the case of subsection (4)(a)(i)—the size of the lot and the proportion that size bears to the total size area of the lots; or

(b) in the case of subsection (4)(a)(ii)—the size of the lot and level of consumption or use by that lot of the common utilities and the common property; or

(c) in the case of subsection (4)(a)(iii)—the number of bedrooms in the lot.

S. 27G inserted by No. 69/2006 s. 211.

27G Plan may specify limitations

A plan providing for the creation of an owners corporation may specify that the owners corporation is limited to the common property.

The Owners Corporations Act 2006 provides that certain provisions of that Act do not apply to an owners corporation that is specified to be limited to the common property.

S. 27H inserted by No. 69/2006 s. 211, amended by No. 6/2008 s. 37(2) (ILA s. 39B(1)).

27H Registrar to record information

(1) The Registrar must, as prescribed, record information contained in or provided with a plan and must amend that information in the prescribed manner and in the prescribed circumstances.

S. 27H(2) inserted by No. 6/2008 s. 37(2).

(2) Without limiting subsection (1), if there is a special resolution of the members, an owners corporation may apply to the Registrar to alter the purposes of the owners corporation.

S. 27H(3) inserted by No. 6/2008 s. 37(2).

(3) Without limiting subsection (1), if there is a special resolution of the members of an unlimited owners corporation and a special resolution of the members of a limited owners corporation, the owners corporations may apply to the Registrar to alter the functions or obligations of the limited owners corporation that are to be carried out or complied with by the unlimited owners corporation.

See section 27C.

S. 27H(4) inserted by No. 6/2008 s. 37(2).

(4) On the Registrar altering the purposes of the owners corporation, the altered purposes become the purposes of the owners corporation.

S. 27H(5) inserted by No. 6/2008 s. 37(2).

(5) On the Registrar altering the functions or obligations of the limited owners corporation that are to be carried out or complied with by the unlimited owners corporation, section 27C(5) applies as if the alteration were the registration of the plan and that subsection referred to the functions or obligations as so altered.

S. 28

28 Creation of owners corporation

(1) In addition to section 24, when a plan providing for the creation of one or more owners corporations or containing common property is registered—

(a) each owners corporation for which the plan provides is incorporated; and

(b) the owners of the specified lots become the first members of the owners corporation; and

(c) the owners for the time being of the lots are the members of the owners corporation.

S. 28(2) amended by No. 4/2021 s. 89.

(2) An owners corporation has perpetual succession and is capable of suing and being sued in its own name.

An owners corporation has the powers and functions set out in Division 1 of Part 2 of the Owners Corporations Act 2006.

S. 29

29 Owners corporation excluded from Corporations legislation

An owners corporation is declared to be an excluded matter for the purposes of section 5F of the Corporations Act in relation to the whole of the Corporations legislation, otherwise than to the extent that the owners corporation carries out activities that are not authorised by or under this Act or the Owners Corporations Act 2006.

This section ensures that neither the Corporations Act nor Part 3 of the ASIC Act will apply in relation to an owners corporation in relation to its performance of functions or exercise of powers under this Act or the Owners Corporations Act 2006. Section 5F of the Corporations Act provides that if a State law declares a matter to be an excluded matter in relation to the whole of the Corporations legislation other than to a specified extent, then that legislation will not apply, except to the specified extent, in relation to that matter in the State concerned.

Division 2—Common property

S. 30

30 Vesting of common property

(1) In addition to section 24, when a plan containing common property is registered—

(a) any common property affected by an unlimited owners corporation vests in the owners for the time being of the lots affected by the unlimited owners corporation as tenants in common in shares proportional to their lot entitlement; and

(b) subject to paragraph (c), any common property affected by a limited owners corporation vests in the owners for the time being of the lots affected by the relevant unlimited owners corporation as tenants in common in shares proportional to their lot entitlement; and

(c) any common property affected by a limited owners corporation vests in the owners for the time being of the lots affected by the limited owners corporation, if there is no unlimited owners corporation affecting those lots.

(2) In subsection (1), relevant unlimited owners corporation means the unlimited owners corporation affecting the lots affected by the limited owners corporation.

S. 31

31 Registrar must create folio of Register for common property

(1) The Registrar must create folios of the Register for any common property in the name of the relevant owners corporation as nominee for the owners of the common property but must not produce a certificate of title for those folios.

(2) The Registrar may require submission of and cancel any existing certificate of title for common property.

S. 31A

31A Dealings in common property

(1) The share in the common property of a member of an owners corporation cannot be dealt with except—

(a) as part of a dealing with the member's lot; or

(b) under Division 3 or section 32A; or

(c) by the owners corporation, in accordance with the regulations.

(2) A dealing, encumbrance or notification affecting a lot operates as a dealing, encumbrance or notification affecting the lot owner's share in the common property, even though that share is not mentioned in any document giving effect to the dealing, encumbrance or notification affecting the lot.

S. 31A(3) amended by No. 80/2009 s. 99(1).

(3) The Registrar may only record on the folio of the Register for common property anything affecting the common property and not a lot owner's share in the common property.

S. 31A(4) amended by No. 80/2009 s. 99(2).

(4) A recording made on the folio of the Register for a lot operates in relation to the owner's share in the common property as if it were also a recording made in relation to that share on the folio for the common property.

Division 3—Alteration of a subdivision

S. 32

32 Powers to alter subdivision

If there is a unanimous resolution of the members, an owners corporation may proceed under this Division to do one or more of the following—

(a) dispose of the fee simple in—

(i) all or part of any common property vested in it; or

(ii) any other land purchased or obtained by it;

(b) purchase or otherwise obtain land—

(i) for inclusion in or to become common property; or

(ii) which is or is to become a lot;

S. 32(c) substituted by No. 80/2009 s. 100.

(c) alter the boundaries of any land affected by the owners corporation, whether or not the alteration results in an increase or decrease of the area of land affected by the owners corporation;

(d) increase or reduce the number of lots affected by the owners corporation;

(e) create new lots or new common property;

(f) create and name an owners corporation and specify the land to be land affected by that new owners corporation and specify lot entitlement and lot liability in relation to that owners corporation;

(g) dissolve itself if—

(i) it is an owners corporation without common property vested in it and it owns no land; or

(ii) it disposes under this section of all its common property and all the land that it owns;

(h) merge with another owners corporation (created on the same or another plan) if—

(i) none of the land affected by the first owners corporation is land affected by the other owners corporation and the merger would not result in the same land being land affected by 2 or more unlimited owners corporations; or

(ii) one of the merging owners corporations is an unlimited owners corporation and the land affected by that owners corporation includes all the land affected by all other merging limited owners corporations;

(i) create, vary or remove any easement or restriction (including an implied easement);

(j) consolidate into a single lot all the land affected by the owners corporation if—

(i) it is an unlimited owners corporation and, if any land affected by it is also affected by a limited owners corporation, the members of that limited owners corporation by unanimous resolution consent to the consolidation; or

(ii) none of the land affected by the owners corporation is land affected by another owners corporation;

(k) create, alter or extinguish lot entitlement or lot liability in any way necessary because of the exercise of its other powers under this section;

(l) amend or cancel a scheme of development under the Cluster Titles Act 1974 in any way necessary because of the exercise of its other powers under this section;

(m) create roads or reserves.

S. 32AA

32AA Powers do not apply to certain changes relating to common property

Section 32 does not apply to a change in the ownership of the common property that occurs because of a change in the ownership of a lot.

S. 32AB

32AB No power to compulsorily acquire

An owners corporation cannot under section 32(b) acquire land by compulsory process.

S. 32AC

32AC Creation of roads and reserves

(1) The owners corporation may exercise its powers over land under section 32(m) even though the land is not, and will not after the exercise of the power become, land affected by the owners corporation.

(2) The owners corporation cannot exercise its powers over land under section 32(m) so that the land vests in itself.

S. 32AD

32AD Registration of plan

(1) If it proceeds under section 32, an owners corporation must submit for certification and lodge for registration a plan showing the changes to be made to any registered plan.

(2) Section 22 applies to a plan resulting from the exercise by the owners corporation of its powers over land under section 32 as if it included a requirement that the registered proprietor of land in the plan that is not land affected by the owners corporation must consent to the registration of the plan.

(3) To the extent that a plan referred to in subsection (1) affects common property, consent to the plan is not required by any person in respect of any lot if the common property is not vested in the owners of that lot.

(4) If a plan referred to in subsection (1) relates to some but not all of the land in the registered plan and does not relate to common property, consent to the registration of the plan is not required by any person in respect of land that is not the subject of the plan.

(5) Despite section 24, on the registration of a plan under this section, the Registrar may if appropriate—

(a) create a folio of the Register for the existing common property and a folio of the Register for newly created common property in the name of a relevant owners corporation; or

(b) create in the name of the relevant owners corporation a single folio of the Register for existing and newly created common property.

S. 32AE

32AE Lot liability and lot entitlement

In exercising its powers under section 32 to create, alter or extinguish lot entitlement or lot liability, an owners corporation must comply with sections 33(2) and 33(3).

S. 32AF

32AF Land to which powers may apply

(1) An owners corporation may only exercise its powers under section 32 in relation to—

(a) land affected by it; or

(b) land (whether on the same or another plan) which, when the power is exercised, will become land affected by it.

(2) If the exercise by an owners corporation of its powers under section 32 involves land affected by another owners corporation (whether on the same or another plan) and the other owners corporation is not a limited owners corporation all of whose members are members of the first owners corporation, the first owners corporation must first get from the members of the other owners corporation their consent by unanimous resolution.

S. 32AG

32AG Dissolution of owners corporation

If an owners corporation exercises its power under section 32(g) to dissolve itself—

(a) the Registrar must not amend or cancel the plan to give effect to the exercise of that power unless satisfied that the owners corporation has no accrued or accruing debts; and

(b) the owners corporation is dissolved when the Registrar amends or cancels the plan.

S. 32AH

32AH Merger of owners corporations

If an owners corporation merges with another owners corporation—

(a) the plan giving effect to the merger must specify the name (by reference to a relevant plan number) of the new owners corporation, the land affected by it, and all relevant lot entitlements and liabilities, and whether it is a limited or unlimited owners corporation; and

(b) on the registration of that plan—

(i) the merging owners corporations are dissolved; and

(ii) land affected by those owners corporations ceases to be so affected; and

(iii) the new owners corporation is the successor in law of the merging owners corporations; and

(iv) if a new limited owners corporation succeeds an unlimited owners corporation, the new owners corporation has, in respect of the assets, rights, liabilities and obligations which have passed to it from the unlimited owners corporation, all the functions, powers and duties of an unlimited owners corporation.

S. 32AI

32AI Consolidation, subdivision or alteration

S. 32AI(1) amended by No. 6/2008 s. 37(3), substituted by No. 80/2009 s. 101.

(1) Despite section 32, the owner or owners of a lot or lots affected by an owners corporation on a registered plan may proceed under this subsection to consolidate, subdivide or alter the lot or lots owned if the consolidation, subdivision or alteration—

(a) subject to subsection (1A), does not alter the boundaries or area of existing common property; and

(b) does not alter the boundaries or lot entitlement or liability of lots not being consolidated, subdivided or altered; and

(c) does not add an area of land that is more than 10% or, if another percentage is prescribed, that prescribed percentage, of the area of the land in the lot or lots to be consolidated, subdivided or altered to the land affected by the owners corporation.

S. 32AI(1A) inserted by No. 80/2009 s. 101.

(1A) A consolidation, subdivision or alteration under subsection (1) may provide for the addition of new common property if—

(a) a new limited owners corporation is created in respect of that common property; and

(b) the new limited owners corporation is comprised solely of the lot owners who are parties to the consolidation, subdivision or alteration.

(2) If an owner proceeds under subsection (1), the owner must submit for certification and lodge for registration a plan showing the changes to be made to the registered plan.

(3) Consent to the registration of the plan is not required by any person in respect of land that is not the subject of the plan.

(4) Despite section 24, on the registration of a plan under this section, the Registrar may, if appropriate—

(a) create a folio of the Register for the existing common property and a folio of the Register for newly created common property in the name of a relevant owners corporation; or

(b) create in the name of the relevant owners corporation a single folio of the Register for existing and newly created common property.

S. 32AJ

32AJ Restriction on alteration to plan

If an owners corporation is created on a registered plan, the owners corporation or the owner of a lot on that plan must not submit for certification or lodge for registration a plan consolidating, subdividing, or altering the boundaries of any land affected by the owners corporation except—

(a) under this Division or section 23, 32A, 36 or 37; or

(b) in accordance with an order of a court or tribunal under this Act.

S. 32AK

32AK Identity of owners corporation not affected by alteration of plan

(1) Unless this Part otherwise provides, the alteration of a registered plan under this Division does not affect the legal identity or continuity of operation of the owners corporation.

(2) If the alteration of a registered plan for which there is only one owners corporation (the first owners corporation) results in the creation of one or more additional owners corporations, the Registrar may rename the first owners corporation.

(3) An owners corporation that is renamed under subsection (2) is deemed to be the same body under the new name and any reference to that body by the old name in any Act or instrument is deemed to be a reference to that body by its new name.

S. 32AL

32AL Registration of plan of consolidation

(1) On the registration of a plan of consolidation of all the land affected by an owners corporation into a single lot—

(a) that owners corporation is dissolved; and

(b) if the land is also land affected by another owners corporation, that other owners corporation is dissolved; and

(c) the land vests in the former lot owners who are members of the owners corporation exercising the power, as tenants in common in proportion to their lot entitlements in that owners corporation, freed from any caveat, mortgage, charge, lease, sub-lease and from any easement under section 12; and

(d) the Registrar must create a folio of the Register accordingly.

(2) The Registrar must not register a plan referred to in subsection (1) unless satisfied that the owners corporation on the registered plan has no accrued or accruing debts.

Division 4—General provisions relating to plans

S. 32A substituted by No. 69/2006 s. 211.

32A Total consolidation or re-subdivision

S. 32A(1) substituted by No. 80/2009 s. 102(1).

(1) All of the owners of lots on a plan who are members of one or more owners corporations may submit for certification, and lodge for registration, a plan consolidating or re-subdividing all of the land on the plan that is affected by the owners corporation or owners corporations.

(2) The Registrar must not register the plan unless satisfied that each owners corporation on the existing plan has no accrued or accruing debts.

S. 32A(3) substituted by No. 80/2009 s. 102(2).

(3) If a plan is registered under subsection (1), then on registration of the plan—

(a) any owners corporation on the previous registered plan that affected the land is dissolved; and

(b) if the land affected by an owners corporation in the previous registered plan was vested in one lot owner, the land vests in that lot owner; and

(c) if the land affected by an owners corporation in the previous registered plan was vested in more than one lot owner, the land vests in the former lot owners who were members of that owners corporation as tenants in common in proportion to their lot entitlements in that owners corporation; and

(d) the land is freed from—

(i) any caveat, mortgage, charge, lease or sub-lease; or

(ii) any easement under section 12, unless the easement affected the land before the registration of the previous registered plan.

S. 32B substituted by No. 69/2006 s. 211.

32B New plan may create owners corporation

(1) The owners of lots on one or more plans that are not lots affected by an owners corporation may submit for certification and lodge for registration a plan providing for the creation of one or more limited or unlimited owners corporations and amending any registered plan in any way necessary because of that creation.

(2) The plan must not provide for the creation of common property or the alteration of existing boundaries.

(3) Consent to the registration of the plan is not required by any other person in respect of any land that is not the subject of the plan.

S. 33 substituted by No. 69/2006 s. 211.

33 How can lot entitlement and liability be altered?

S. 33(1) amended by No. 42/2017 s. 61, substituted by No. 4/2021 s. 90(1).

(1) If there is a unanimous resolution of the members, the owners corporation must apply to the Registrar to alter the lot entitlement or lot liability.

S. 33(1A) inserted by No. 4/2021 s. 90(1).

(1A) An application under subsection (1) must be made—

(a) in the approved form; and

(b) within 60 days of the passage of the unanimous resolution.

S. 33(2) substituted by No. 4/2021 s. 90(2).

(2) In making any alteration to the lot entitlement or lot liability, the owners corporation must act in accordance with section 27F(4).

S. 33(3) repealed by No. 4/2021 s. 90(2).

S. 34 substituted by No. 69/2006 s. 211.

34 Recording of changes to a plan

(1) The Registrar must record all changes and alterations.

(2) An owners corporation must inform the Registrar of any change of its address.

(3) A notice to an owners corporation may be served by post and is properly addressed if the address in the notice is the one shown in the records of the Registrar.

Division 5—Disputes and other proceedings relating to owners corporations

S. 34A inserted by No. 69/2006 s. 211.

34A Disputes relating to owners corporations—general

(1) This section applies if a dispute or any other matter arises under this Act or the regulations and affects—

(a) an owners corporation; or

(b) an owner of land affected by an owners corporation; or

(c) a purchaser in possession under a terms contract of a lot affected by an owners corporation.

(2) The owners corporation, owner of a lot or purchaser may apply to the Victorian Civil and Administrative Tribunal for an order determining the dispute or matter.

(3) The Victorian Civil and Administrative Tribunal may make any order it thinks fit on an application under this section.

S. 34B inserted by No. 69/2006 s. 211.

34B Disputes about easements

(1) This section applies if a dispute or other matter arises between the owners of lots, roads or reserves on a plan, in relation to—

(a) an easement implied by section 12; or

(b) the exercise of rights conferred by the easement; or

(c) interference with the easement; or

(d) maintenance or repair obligations in relation to the easement.

(2) Any of the owners may apply to the Victorian Civil and Administrative Tribunal for an order determining the dispute or matter.

(3) The Victorian Civil and Administrative Tribunal may make any order it thinks fit on an application under this section.

S. 34C inserted by No. 69/2006 s. 211.

34C VCAT may refer matter to County Court

The Victorian Civil and Administrative Tribunal may refer a dispute or other matter to which section 34A or 34B applies to the County Court, on its own motion or on the application of a party if the Tribunal is satisfied that it ought to be so referred having regard to—

(a) the fact that the dispute or other matter raises a question of general importance; and

(b) this Act and the regulations; and

(c) the complexity of the matter; and

(d) the amount (if any) in dispute.

S. 34D inserted by No. 69/2006 s. 211.

34D Applications relating to plans

(1) A member of the owners corporation, an owners corporation, an administrator of an owners corporation or a person with an interest in the land affected by the owners corporation may apply to the Victorian Civil and Administrative Tribunal for—

S. 34D(1)(a) amended by No. 4/2021 s. 91(1).

(a) an order requiring or authorising the owners corporation to do any of the things set out in section 32 or 33; or

(b) an order consenting on behalf of a member or group of members of an owners corporation to the doing by the owners corporation of any of the things set out in section 32 or 33; or

(c) an order consenting on behalf of a person whose consent to the registration of a plan is required under section 22; or

(d) an order restraining the owners corporation from doing any action under this Act or the regulations.

(2) The Victorian Civil and Administrative Tribunal may make an order on an application under subsection (1)(a) even though there is no unanimous resolution of the owners corporation authorising the action.

(3) The Victorian Civil and Administrative Tribunal must not make an order on an application under subsection (1)(b) unless it is satisfied that—

(a) the member or group of members cannot vote because the member is or the members are dead, out of Victoria, or cannot be found; or

(b) for any other reason it is impracticable to obtain the vote of the member or members; or

S. 34D(3)(c) substituted by No. 4/2021 s. 91(2).

(c) the member has or the group of members have refused consent to the proposed action and—

(i) the member owns or the group of members own more than half of the total lot entitlement; and

(ii) all other members of the owners corporation consent to the proposed action; and

(iii) the purpose for which the action is to be taken is likely to bring economic or social benefits to the subdivision as a whole greater than any economic or social disadvantages to the member or the group of members who did not consent to the action.

(4) For the purposes of sections 32 and 33, an order made on an application under subsection (1)(b) is to be treated as a vote by the member in favour of the proposed action of the plan.

(5) The Victorian Civil and Administrative Tribunal must not make an order on an application under subsection (1)(c) unless it is satisfied that—

(a) the person whose consent is required is dead or out of Victoria or cannot be found; or

(b) it is otherwise impracticable to obtain the person's consent; or

(c) it is impracticable to serve the person with the notice under section 22(1B).

(6) Subject to this section, the Victorian Civil and Administrative Tribunal may make any order it thinks fit on an application under this section.

S. 34E inserted by No. 69/2006 s. 211.

34E Application for order requiring owners corporation to comply

(1) A person (including a Minister, the Council or a public authority) for whose benefit a requirement or duty is imposed on an owners corporation by this Act or the regulations may apply to the Victorian Civil and Administrative Tribunal for an order compelling the owners corporation to carry out the requirement or perform the duty.

(2) The Victorian Civil and Administrative Tribunal may make any order it thinks fit on an application under this section.

S. 34F inserted by No. 69/2006 s. 211.

34F Order to Registrar

The Victorian Civil and Administrative Tribunal may in an order under this Division direct or authorise the Registrar to dispense with the delivery of any certificate of title or duplicate instrument or other document.

Division 6—Winding up of owners corporation

S. 34G inserted by No. 69/2006 s. 211.

34G Winding up of an owners corporation

(1) An owners corporation, a member of the owners corporation, an administrator of an owners corporation or a registered mortgagee may apply to the Victorian Civil and Administrative Tribunal for the winding up of the owners corporation.

(2) The Victorian Civil and Administrative Tribunal may order the owners corporation to be wound up if it decides that is just and equitable.

(3) A person claiming an estate or interest in the land, a creditor of the owners corporation and an insurer who has insurance over any part of the land have a right to be heard in an application.

(4) Notice of an application must be served on the Registrar who must record the notice in the prescribed manner.

(5) The Victorian Civil and Administrative Tribunal may make any directions or impose any conditions or vary, modify or cancel the order
as it thinks fit.

S. 34H inserted by No. 69/2006 s. 211.

34H Cancellation or amendment of plan on winding up

(1) If the Victorian Civil and Administrative Tribunal makes an order under section 34G in respect of an unlimited owners corporation, the applicant for the order may apply to the Registrar for the amendment or cancellation of the plan and the Registrar may amend or cancel the plan in accordance with the order.

(2) If the Victorian Civil and Administrative Tribunal makes an order under section 34G in respect of a limited owners corporation, the applicant for the order may apply to the Registrar for the amendment of the plan and the Registrar may amend the plan in accordance with the order.

(3) An unlimited owners corporation is dissolved when the Registrar amends or cancels the plan under subsection (1) and, subject to the order of the Victorian Civil and Administrative Tribunal, the lots and common property (if any) become a single lot and vest in the former lot owners as tenants in common, in proportion to their lot entitlements and the Registrar must create a folio of the Register accordingly.

(4) A limited owners corporation is dissolved when the Registrar amends the plan under subsection (2).

(5) After amending or cancelling the plan, the Registrar must notify the Council.

Part 6—Miscellaneous

S. 35 substituted by No. 47/1989 s. 4(3).

35 Acquisition of land by acquiring authority

S. 35(1) amended by No. 48/1991 s. 31(1).

(1) If an acquiring authority is to acquire or acquires land that cannot be disposed of without being subdivided, the authority must, in accordance with section 5(2), submit a plan to the Council for certification and lodge it for registration as if the authority were the owner of all the land to be subdivided by the acquisition.

S. 35(2) amended by Nos 48/1991 s. 31(2), 69/2006 s. 212(a).

(2) If a plan submitted by the authority for certification relates to part of the land affected by an owners corporation, the Council may require the acquiring authority to submit for certification a new plan of the land affected by the owners corporation or to amend the plan so that it includes all that land.

(3) A plan submitted by an acquiring authority—

S. 35(3)(a) amended by No. 48/1991 s. 31(3)(a).

(a) may do anything which can be done by a plan including, but not limited to, one or more of the following:

S. 35(3)(a)(i) amended by No. 57/1993 s. 14(1)(a).

(i) Maintain without alteration of boundaries except for the purposes of acquisition or to correct any minor defect in boundaries found on survey the number of separately disposable parcels of land in the area covered by the plan, excluding the land to be acquired;

(ii) Reduce the number of separately disposable parcels of land in the area covered by the plan, excluding the land to be acquired;

S. 35(3)(a)(iia) inserted by No. 48/1991 s. 31(3)(b).

(iia) Alter any separately disposable parcels of land, excluding the land to be acquired;

S. 35(3)(a)(iib) inserted by No. 48/1991 s. 31(3)(b).

(iib) Subject to section 33(2) and (3), create new lot entitlements or lot liabilities;

(iii) Create additional lots;

(iv) Include land that the authority does not intend to acquire any part of which abuts other land in the plan;

(v) Include land any part of which abuts land in the plan that is either vested in or registered in the name of the authority;

(vi) Alter the lot entitlement or liability of land on the plan;

S. 35(3)(a)(via) inserted by No. 57/1993 s. 14(1)(b).

(via) Consolidate into a single lot all or any of the land on the plan to be acquired by the authority;

S. 35(3)(a)(vii) inserted by No. 48/1991 s. 31(3)(c).

(vii) Amend a registered plan in any way necessary because of the things done by the plan; and

S. 35(3)(b) amended by No. 57/1993 s. 17(3).

(b) must state which land is to be acquired by the authority and whether it is to be acquired free from or subject to encumbrances; and

S. 35(3)(c) inserted by No. 48/1991 s. 31(3)(d).

(c) having regard to subsection (6), must, for each thing done by the plan, state whether it is to happen—

(i) on the registration of the plan; or

(ii) to the extent that it relates to land acquired by compulsory process, when the Registrar records the vesting date; or

S. 35(3)(c)(iii) amended by No. 57/1993 s. 14(1)(c).

(iii) to the extent that it relates to land acquired by agreement, on the vesting date; and

S. 35(3)(d) inserted by No. 57/1993 s. 14(1)(c).

(d) if the plan consolidates land acquired or to be acquired by the authority, must (despite paragraph (c)) state that the consolidation is to happen—

(i) on the registration of the plan, if all the land to be consolidated has been acquired by the authority before that registration; or

(ii) if any of the land is acquired after the registration of the plan, on the last of the vesting dates of, or recorded for, that land.

S. 35(4) substituted by No. 48/1991 s. 31(4).

(4) Consent to the registration of the plan is not required by any person to the extent that the plan—

S. 35(4)(a) amended by No. 57/1993 s. 14(2)(a).

(a) maintains without alteration of boundaries, except for the purposes of acquisition or to correct any minor defect in boundaries found on survey, the number of separately disposable parcels of land in the area covered by the plan, excluding the land to be acquired; or

(b) creates new lot entitlements or lot liability as a result of the acquisition; or

S. 35(4)(c) amended by No. 57/1993 s. 14(2)(b).

(c) relates to land vested in or registered in the name of the Authority; or

S. 35(4)(d) inserted by No. 57/1993 s. 14(2)(b).

(d) relates to land acquired or to be acquired by the authority.

S. 35(5) substituted by No. 48/1991 s. 31(4), amended by No. 1/2020 s. 145.

(5) Sections 5(3)(b) and (da) and 6(1)(b) do not apply to land in a plan submitted or lodged under this section.

(6) If a plan lodged by an acquiring authority is registered—

(a) the authority must advise the Registrar of the vesting date of each piece of land in the plan acquired or to be acquired by compulsory process as soon as possible after that vesting date; and

(b) the Registrar must record the vesting dates advised by the authority; and

S. 35(6)(c) substituted by No. 48/1991 s. 31(5)(a), amended by No. 57/1993 s. 14(3)(a).

(c) any thing done by the plan (except consolidation) in relation to land to be acquired by compulsory process has effect when the Registrar records the vesting date of that land, and this Act applies to those things as if the plan were registered on that date; and

S. 35(6)(d) substituted by No. 48/1991 s. 31(5)(a), amended by No. 57/1993 s. 14(3)(a).

(d) any thing done by the plan (except consolidation) in relation to land to be acquired by agreement has effect on the vesting date of that land, and this Act applies to those things as if the plan were registered on that date; and

S. 35(6)(e) substituted by No. 48/1991 s. 31(5)(a), amended by No. 57/1993 s. 14(3)(a).

(e) any thing else done by the plan (except consolidation) has effect when the plan is registered; and

S. 35(6)(ea) inserted by No. 48/1991 s. 31(5)(a).

(ea) this Act applies to land on the plan that the authority acquires by agreement as if section 24(2)(c) referred to "registered in the name of" instead of "vested" and section 24(2A) referred to "is registered in the name of" instead of "vests"; and

S. 35(6)(eb) inserted by No. 48/1991 s. 31(5)(a).

(eb) despite paragraphs (c) and (d), the boundaries of the land to be acquired are those shown on the plan but the status of that land does not change unless in accordance with paragraph (c) or (d); and

(f) the holder of any relevant certificate of title for land in the plan must, if requested, deliver it to the Registrar; and

S. 35(6)(g) substituted by No. 48/1991 s. 31(5)(b), amended by No. 85/1998 s. 24(Sch. item 57.2).

(g) if any land in the plan is not under the operation of the Transfer of Land Act 1958 or steps have not been taken to bring it under that Act, the Registrar, before registering the plan, must bring the land under the operation of that Act; and

S. 35(6)(h) inserted by No. 48/1991 s. 31(5)(b), amended by No. 69/2006 s. 212(b).

(h) unless the plan states that land is to remain land affected by an owners corporation and its existing lot entitlement and liability is to continue, the land acquired ceases to be land affected by an owners corporation and to have any lot entitlement or liability—

(i) if it is acquired by compulsory process, when the Registrar records the vesting date of the land; or

S. 35(6)(h)(ii) amended by No. 57/1993 s. 14(3)(b).

(ii) if it is acquired by agreement, on the vesting date; and

S. 35(6)(i) inserted by No. 57/1993 s. 14(3)(b).

(i) to the extent indicated by the plan, land is consolidated into a single lot on the date indicated in the plan; and

S. 35(6)(j) inserted by No. 57/1993 s. 14(3)(b).

(j) if on the registration of the plan there is still land to be acquired by the authority, then despite anything to the contrary in section 24 the Registrar need not create folios of the Register for that land until the last of the vesting dates for or recorded for that land; and

S. 35(6)(k) inserted by No. 57/1993 s. 14(3)(b).

(k) if the plan consolidates land into a single lot, then despite anything to the contrary in section 24 or paragraph (j) the Registrar need not create a folio of the Register for the land until the consolidation occurs and may then create a single folio of the Register for the land in the name of the authority; and

S. 35(6)(l) inserted by No. 57/1993 s. 14(3)(b).

(l) the Registrar may create any folio of the Register in the name of the authority, for land on the plan that is vested in or acquired by the authority.

S. 35(7) inserted by No. 48/1991 s. 31(6).

(7) This Act does not limit or affect the operation of the Land Acquisition and Compensation Act 1986.

S. 35(8) inserted by No. 48/1991 s. 31(6), amended by No. 57/1993 s. 14(4).

(8) An acquiring authority may under this section submit for certification and lodge for registration a plan subdividing or consolidating any land vested in it or registered in its name.

S. 35(9) inserted by No. 48/1991 s. 31(6).

(9) Subsections (2) to (6) apply to a plan referred to in subsection (8) as if—

(a) the land in the plan were land acquired by the authority;

S. 35(9)(b) substituted by No. 57/1993 s. 14(5).

(b) subsection (3)(a)(i) provided—

"(i) maintain the number of separately disposable parcels of land in the area covered by the plan;";

(c) in subsection (3)(a)(ii) the reference to "excluding the land to be acquired" were deleted;

(d) subsection (3)(b)(c) and subsection (6)(a) to (d) and (ea) were deleted.

S. 35(10) inserted by No. 57/1993 s. 14(6).

(10) Without limiting subsection (9), a plan referred to in subsection (8) may do anything that can be done by a plan referred to in section 24A.

S. 35(11) inserted by No. 18/2023 s. 107.

(11) A Council, within 7 days after certifying a plan of subdivision specified in subsection (12), must give a notice to the Commissioner of State Revenue referred to in section 62 of the Taxation Administration Act 1997 that the plan has been certified unless—

(a) the certification of the plan is an excluded event (within the meaning of section 201RB of the Planning and Environment Act 1987); or

(b) any one of the circumstances described in section 201SA of the Planning and Environment Act 1987 applies to the land.

S. 35(12) inserted by No. 18/2023 s. 107.

(12) For the purposes of subsection (11), the specified plan of subdivision is a plan of subdivision—

(a) submitted under this section; and

(b) for which a statement of compliance is not required to be issued before registration of the plan; and

(c) that relates to land in respect of which there is a GAIC recording (within the meaning of Part 9B of the Planning and Environment Act 1987).

36 Power of owner to acquire or remove easements

S. 36(1) substituted by No. 48/1991 s. 32(1), amended by Nos 34/1994 s. 6(1), 52/1998 s. 311(Sch. 1 item 86.2(a)).

(1) If—

(a) when considering a proposed amendment to a planning scheme or an application for a permit or to amend a permit; or

(b) in implementing an amendment to a planning scheme; or

(c) in a condition in a permit—

the Council or a referral authority states in writing that it considers that the economical and efficient subdivision or consolidation (whether existing or proposed) or servicing of, or access to, land covered by the amendment, proposed amendment, application or permit requires the owner of land to—

(d) remove a right of way over the owner's land; or

(e) acquire or remove an easement over—

(i) other land in the subdivision or consolidation; or

(ii) other land in the vicinity—

and that the removal or acquisition will not result in an unreasonable loss of amenity in the area affected by the removal or acquisition, the owner may apply to the Victorian Civil and Administrative Tribunal for leave to remove the right of way or acquire or remove the easement compulsorily.

S. 36(1AA) inserted by No. 48/1991 s. 32(1), amended by No. 34/1994 s. 6(2).

(1AA) In conferring powers on a Council or referral authority under subsection (1) it is the intention of Parliament that, in considering a matter for the purposes of that subsection, the Council or referral authority should make an assessment of the engineering and amenity aspects of the matter, is not bound to notify anyone affected or to hear objections, but objections to that assessment may be raised before the Tribunal.

S. 36(1A) inserted by No. 47/1989 s. 4(4)(a), amended by No. 52/1998 s. 311(Sch. 1 item 86.2(b)).

(1A) The Tribunal may give leave subject to any conditions it thinks fit.

S. 36(2) substituted by No. 47/1989 s. 4(4)(b).

(2) If leave is given—

(a) in accordance with any conditions to which the leave is subject, the owner may compulsorily acquire the easement and—

S. 36(2)(a)(i) repealed by No. 57/1993 s. 15(1).

(ii) the Land Acquisition and Compensation Act 1986 applies to the acquirement of the easement, and for that purpose this section is the special Act and the owner is the Authority; or

(b) in accordance with any conditions to which leave is subject, the owner may submit for certification and lodge for registration a plan to remove the easement and—

S. 36(2)(b)(i) amended by No. 48/1991 s. 32(2).

(i) unless the Tribunal otherwise directs, the consent of any person having an interest in land benefited by the easement is not required for its removal, and section 22(1)(c)(d) and (da) does not apply to the removal of the easement; and

S. 36(2)(b)(ii) amended by No. 48/1991 s. 32(3).

(ii) Parts 3, 4, 6, 7, 10 and 11 of the Land Acquisition and Compensation Act 1986 apply to claims for compensation on the removal of the easement by persons having an interest in land benefited by the easement as if the owner who removed the easement had acquired by compulsory process aninterest in land benefited by the easement, and for that purpose this section is the special Act and that owner is the Authority.

S. 36(3) repealed by No. 48/1991 s. 32(4).

S. 37 substituted by No. 47/1989 s. 8(2).

37 Staged subdivision

(1) A staged subdivision is a scheme for the subdivision of land in stages.

S. 37(2) repealed by No. 48/1991 s. 33(1), new s. 37(2) inserted by No. 34/1994 s. 7(2).

(2) If a planning scheme or permit authorises a staged subdivision, that staged subdivision may be done—

(a) as a series of separate subdivisions in accordance with the provisions of this Act other than this section; or

(b) by using the procedure set out in subsections (3) to (10).

S. 37(3) amended by No. 34/1994 s. 7(3).

(3) If a planning scheme or permit authorises a staged subdivision and the procedure in this section is used—

(a) a master plan must be submitted for certification and lodged for registration and must specify the lots in the first stage and contain the prescribed information; and

(b) a plan for the second or a subsequent stage must contain the prescribed information; and

(c) a plan for the second or a subsequent stage may do any one or more of the following—

(i) create additional lots on, or alter the lots on, the land in that stage;

S. 37(3)(c)(ii) amended by No. 69/2006 s. 212(c).

(ii) in relation to the land in that stage, create an owners corporation, common property, lot entitlement or lot liability;

(iii) create, vary or remove an easement or restriction over land in that stage;

S. 37(3)(c)(iiia) inserted by No. 48/1991 s. 33(2).

(iiia) Set aside additional roads or reserves on the land in that stage;

S. 37(3)(c)(iv) amended by No. 48/1991 s. 33(3)(4).

(iv) Amend the master plan or a plan for an earlier stage by—

S. 37(3)(c)(iv)(A) amended by No. 69/2006 s. 212(d).

(A) adding to the membership of an existing owners corporation; or

(B) adding to existing common property; or

(C) Subject to sections 33(2) and (3), changing lot entitlement or liability of existing lots; or

S. 37(3)(c)(iv)(D) amended by No. 80/2009 s. 103(a).

(D) showing land on that plan as land benefited by an easement or restriction created over the land in the plan for the second or subsequent stage.

S. 37(3)(c)(v) amended by No. 48/1991 s. 33(5), repealed by No. 80/2009 s. 103(b).

S. 37(4) amended by No. 69/2006 s. 212(e).

(4) The amendment of a registered plan under this section does not affect the legal identity or continuity of operation of an owners corporation created on the plan.

S. 37(5) amended by No. 69/2006 s. 212(f).

(5) A plan for a second or a subsequent stage may be submitted for certification and lodged for registration by the owner of all the land in that stage or the applicant for the certification and registration of the master plan, and, if an owners corporation is created on the master plan or a plan for an earlier stage, the unanimous resolution of the owners corporation is not required for any change made to that plan by a plan for a subsequent stage.

(6) When registering a master plan, the Registrar must record the prescribed information.

(7) When registering a plan for the second or a subsequent stage, the Registrar must—

(a) record the prescribed information; and

(b) make any necessary amendments to the information recorded for any earlier stage that are necessary because of the registration of the subsequent plan.

S. 37(8) inserted by No. 48/1991 s. 33(6).

(8) A plan for the second or a subsequent stage may take the land in that stage or in that or any future stages out of the staged subdivision and, if it does this—

(a) must amend the master plan so as to show the land as a lot on the plan; and

(b) subject to section 33(2) and (3), must make any necessary amendments to lot entitlement and liability; and

S. 37(8)(c) amended by No. 69/2006 s. 212(g).

(c) may provide that the land in the plan becomes a lot affected by any relevant owners corporation.

S. 37(9) inserted by No. 48/1991 s. 33(6).

(9) On the registration of a plan referred to in subsection (8)—

(a) this section ceases to apply to the land in the plan; and

S. 37(9)(b) repealed by No. 57/1993 s. 16.

(c) any requirement made in the statement of compliance for the master plan ceases to apply to the land in the newly registered plan.

S. 37(10) inserted by No. 48/1991 s. 33(6).

(10) A plan referred to in subsection (8) may amend the master plan or a plan for any earlier stage in any way necessary because the land in the plan is taken out of the staged subdivision.

S. 38 amended by Nos 47/1989 s. 9(q)–(s), 57/1989 s. 5(6), 48/1991 s. 34, 34/1994 s. 8, repealed by No. 69/2006 s. 213,
new s. 38 inserted by No. 42/2017 s. 62.