4What does this Act apply to?

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).