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). (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.