22When can the Registrar register a plan?

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.