49Transitional—Victorian Planning Authority Act 2017

49 Transitional—Victorian Planning Authority Act 2017 An application made by the Growth Areas Authority for the purposes of section 22(1)(g)(ii) before the commencement of section 99 of the **Victorian Planning Authority Act 2017** in respect of which the Registrar has not registered a plan before that commencement, is, on and after that day, taken to be an application made by the Victorian Planning Authority. S. 50 inserted by No. 47/1989 s. 21, repealed by No. 48/1991 s. 42(1). Schedules Sch. 1 repealed by No. 47/1989 s. 14(2). Sch. 2 amended by No. 47/1989 ss 4(5), 6(3)(f)(4), 8(1)(e), 11, 12(4), 13(2), 18(1)(m)(i)–(vii) (n), 19(w)(i)(ii) (x)–(z), (za)–(zj), 22(a)–(h)(i)–(iii), substituted by No. 48/1991 s. 41. Schedule 2—Strata and cluster subdivisions 1 Definitions In this Schedule— ***accessory lot*** means a unit (which, by force of this Schedule, becomes a lot) on a registered plan of strata subdivision or a lot on a registered cluster plan— (a) intended for separate ownership and use with any other lot as— (i) a stairway, passage or utility space or for a like purpose, in the case of a registered plan of strata subdivision; or (ii) a garden, garage, car parking space, storage space, swimming pool or laundry, or for a like purpose, in the case of a strata or cluster plan— or partly for one and partly for any other of those purposes; and (b) shown as an accessory lot on the plan; ***Act application date*** means— (a) for strata or cluster plans registered or strata or cluster redevelopment plans approved before the commencement of this Schedule, the date of commencement of this Schedule; or (b) for strata or cluster plans registered or strata or cluster redevelopment plans approved on or after that commencement, the time immediately after the plan is registered or approved; ***car park lot*** means an accessory lot intended to be owned and used for the purposes of parking a motor vehicle or partly for those purposes and partly for some other purpose; ***limited residential lot*** means a unit (which, by force of this Schedule, becomes a lot) on a registered plan of strata subdivision or a lot on a registered cluster plan— (a) intended to be owned and used for residential purposes or partly for residential purposes and partly for some other purpose; and (b) no part of which is intended to be owned and used for the purposes of parking a motor vehicle; and (c) which is not an accessory lot; ***notice of restriction*** means— (a) a notice in or to the effect of the form in the Fourth Schedule to the **Strata Titles Act 1967** and contained in a registered plan of strata subdivision or a plan of redevelopment within the meaning of that Act; or (b) a notice in or to the effect of the form in the Second Schedule to the **Cluster Titles Act 1974** and contained in a registered cluster plan or in a plan of cluster redevelopment; ***restricted lot*** means a limited residential lot specified as a restricted lot in a notice of restriction; ***scheme of development*** means a scheme of development accompanying a registered cluster plan under section 21 of the **Cluster Titles Act 1974**; ***strata or cluster body corporate*** means— (a) a body corporate created under the **Strata Titles Act 1967** on a registered plan of strata subdivision; or (b) a body corporate created under the **Cluster Titles Act 1974** on a registered cluster plan; ***strata or cluster plan*** means— (a) a registered plan of strata subdivision; or (b) a registered cluster plan; ***strata or cluster redevelopment plan*** means— (a) a plan of redevelopment approved under the **Strata Titles Act 1967**; or (b) a plan of cluster redevelopment approved under the **Cluster Titles Act 1974**. 2 Act to apply to strata or cluster plans and redevelopment (1) On and from the Act application date— (a) this Act applies to a strata or cluster plan or a strata or cluster redevelopment plan and the Strata Titles Act **1967** and **Cluster Titles Act 1974** cease to apply to that plan; (b) each registered plan of strata subdivision or approved plan of redevelopment within the meaning of the **Strata Titles Act 1967** and each notice of restriction contained in it or scheme of development accompanying it has effect as if a reference to a unit (whether accessory, car park, limited residential, restricted or otherwise) were a reference to a lot; (c) the status of land as an accessory lot, car park lot, limited residential lot or restricted lot or common property is not affected; (d) each strata or cluster body corporate becomes a body corporate under this Act; Note to Sch. 2 cl. 2(1)(d) inserted by No. 42/2017 s. 68. A body corporate under this Act has the same meaning as an ***owners corporation*** as defined in section 3 of the **Owners Corporations Act 2006**, in accordance with clause 4 of Schedule 2 to that Act. (e) the easements or rights implied over a strata or cluster plan under section 12 of the **Strata Titles Act 1967** or section 20 of the **Cluster Titles Act 1974** are extinguished; (f) there are implied over the land in a strata or cluster plan the easements referred to in section 12(2) of this Act; (g) a certificate of title to a lot on a strata or cluster plan has effect as if any reference to section 12 of the **Strata Titles Act 1967** or section 20 of the **Cluster Titles Act 1974** were a reference to section 12 of this Act. (2) Subsection (1) does not affect the status or operation of— (a) a strata or cluster body corporate; or (b) a notice of restriction on a strata or cluster plan or a strata or cluster redevelopment plan; or (c) lot entitlement or liability on a strata or cluster plan or a strata or cluster redevelopment plan; or (d) a lot, accessory lot, car park lot, limited residential lot, restricted lot or common property on a strata or cluster plan or a strata or cluster redevelopment plan. (3) In relation to a strata or cluster plan, section 28 has effect as if all the lots on the plan were specified lots. 3 Folios of the Register and certificates of title (1) Unless the Registrar is requested to do so under section 31 or 32 of the **Transfer of Land Act 1958** or the plan is next amended or, in the case of common property, section 28(e) otherwise requires, the Registrar need not— (a) amend recordings in the Register concerning, or produce a new certificate of title for, a lot affected by the operation of clause 2(1); or (b) create a folio of the Register or produce a certificate of title for common property on a strata or cluster plan. (2) On the creation of a folio of the Register for common property on a strata or cluster plan, any folio of the Register for a lot on that plan has effect as if any reference to an undivided share in the common property were deleted. (3) On a folio of the Register or Certificate of Title for an accessory lot or restricted lot, the Registrar may record the fact that it is a lot of that kind. (4) This clause has effect despite anything in section 28(e). 4 Administrators (1) On the Act application date a current order made under the **Strata Titles Act 1967** or the **Cluster Titles Act 1974** appointing an administrator has effect as if made under this Act. (2) Subsection (1) does not affect the previous operation of the order. 5 Boundaries Unless the plan otherwise provides, if the whole or part of a boundary of a lot with another lot or with common property on a strata or cluster plan or a strata or cluster redevelopment plan lies along or within a structure that is a wall, fence, floor or ceiling, the boundary is the median of the structure. 6 Effect of notice of restriction If a strata or cluster plan or a strata or cluster redevelopment plan contains a notice of restriction, the Registrar must not— (a) register a transfer, mortgage, charge, lease or sub-lease of a restricted lot on the same plan unless that dealing includes a car park lot; or (b) record in the Register a transmission of, or vesting order or disposition dealing with, a restricted lot on the same plan unless the transmission, order or disposition includes a car park lot; or (c) create a folio of the Register for a restricted lot unless the folio states that the registration of dealings with the lot is restricted. 7 Updating plans (1) The Registrar may— (a) amend or substitute information in a strata or cluster plan or a strata or cluster redevelopment plan; or (b) require a person who proposes to amend a plan of that kind to amend or substitute information in it— in any way the Registrar thinks appropriate to make the plan resemble more closely plans prepared under this Act. (2) Subsection (1) does not permit a change to the substance of the information in a plan. 8 Accessory lots A person cannot deal with an interest in an accessory lot by selling, transferring, mortgaging, leasing or sub-leasing it unless— (a) the dealing is made or has effect as part of or in connection with a dealing with a corresponding interest in a lot on the same plan that is not an accessory lot; or (b) the dealing is made with the Registered proprietor, purchaser, transferee, mortgagee, lessee or sub-lessee of a lot on the same plan that is not an accessory lot. 9 Amendment of plans (1) On and from the Act application date, a strata or cluster plan cannot be amended by a later strata or cluster plan or a later strata or cluster redevelopment plan unless— (a) section 44(5E), (5F) or (10A) applies to the later plan; or (b) the later plan was submitted and lodged under section 44(2) or (3). (2) If the Council agrees, a cluster plan registered on or after the commencement of this Schedule need not be accompanied by a scheme of development. 10 Additional powers of strata or cluster bodies corporate (1) Without limiting its other powers, a strata or cluster body corporate may proceed under section 32(1) to— (a) add to or delete a notice of restriction on the plan; or (b) change a lot to an accessory lot or an accessory lot to a lot. (2) A strata or cluster body corporate cannot exercise any of the powers referred to in subclause (1) so that land included in the plan after the Act application date becomes or is included in a restricted lot or accessory lot. 11 Enforcement of schemes of development Sch. 2 cl. 11(1) amended by No. 57/1993 s. 17(5). (1) A Council or a body corporate created on a cluster plan or a member of that body corporate may apply to a court of competent jurisdiction for an order— (a) compelling performance, or restraining a breach, of a requirement or restriction in a scheme of development; or (b) awarding damages for loss or damage arising out of a breach of a requirement or restriction in a scheme of development— by a body corporate, a member of the body corporate or (to the extent that the requirement or restriction is negative in character) the occupier of a lot affected by the body corporate. (2) The court may make the order applied for if it is satisfied it is just and equitable to do so. 12 Stage development (1) If— (a) there is a registered cluster plan for the development of land in stages; and (b) any of the stages is subject to outstanding Council requirements within the meaning of the **Cluster Titles Act 1974**— the owners of the land subject to the requirements may use a plan under section 37 to take the land out of the stage development, as if the development were a staged subdivision. (2) On the registration of a plan referred to in subclause (1), Part IV of the **Cluster Titles Act** **1974** and any applicable Council requirements cease to apply to the land in the plan. (3) This Schedule does not prevent a person choosing to proceed with the development of land in stages under section 44. Sch. 3 inserted by No. 47/1989 s. 23(2), repealed by No. 48/1991 s. 42(2). Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 13 October 1987* *Legislative Council: 12 April 1988* The long title for the **Subdivision Act 1988** was "A Bill relating to the subdivision of land and for other purposes.". The **Subdivision Act 1988** was assented to on 31 May 1988 and came into operation on 30 October 1989: Government Gazette 4 October 1989 page 2532. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Subdivision Act 1988** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Local Government (Consequential Provisions) Act 1989, No. 12/1989** (as amended by No. 53/1988 (as amended by No. 47/1989)) | Assent Date: | 9.5.89 | | Commencement Date: | S. 4(1)(Sch. 2 item 114.1) on 1.11.89: Government Gazette 1.11.89 p. 2798 | **Transfer of Land (Computer Register) Act 1989, No. 18/1989** (as amended by No. 48/1991) | Assent Date: | 16.5.89 | | Commencement Date: | All of Act on 3.2.92: Government Gazette 18.12.91 p. 3488 | **Subdivision (Amendment) Act 1989, No. 47/1989** | Assent Date: | 6.6.89 | | Commencement Date: | 6.6.89 | **Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989** | Assent Date: | 14.6.89 | | Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 | **Water (Consequential Amendments) Act 1989, No. 81/1989** | Assent Date: | 5.12.89 | | Commencement Date: | 1.11.90: Government Gazette 15.8.90 p. 2473 | **Subdivision (Further Amendment) Act 1989, No. 92/1989** | Assent Date: | 5.12.89 | | Commencement Date: | 12.12.89: Government Gazette 6.12.89 p. 3127 | **Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991** | Assent Date: | 25.6.91 | | Commencement Date: | Ss 38(2)(f)(3), 56(2)(3), 65 on 30.10.89: s. 2(2); rest of Act (*except* ss 50, 53(5), 57) on 25.6.91: s. 2(4); s. 53(5) on 1.10.92: s. 2(1); ss 50, 57 on 3.2.92: i.e. same day as s. 7 of Act No. 18/1989 | **Subdivision (Amendment) Act 1993**, **No. 57/1993** | Assent Date: | 8.6.93 | | Commencement Date: | All of Act (*except* s. 17 (4)) on 8.6.93: s. 2 (2); s. 17(4) on 30.10.89: s. 2 (1) | **Land (Further Amendment) Act 1993, No. 79/1993** | Assent Date: | 3.11.93 | | Commencement Date: | 3.11.93 | **Building Act 1993, No. 126/1993** | Assent Date: | 14.12.93 | | Commencement Date: | S. 264(Sch. 5 item 20) on 1.7.94: Special Gazette (No. 42) 1.7.94 p. 1 | **Subdivision (Further Amendment) Act 1994, No. 34/1994** | Assent Date: | 31.5.94 | | Commencement Date: | 31.5.94 | **Valuation of Land (Amendment) Act 1994, No. 91/1994** | Assent Date: | 6.12.94 | | Commencement Date: | S. 36(9) on 1.1.95: s. 2(2) | **Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998** | Assent Date: | 26.5.98 | | Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) | **Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998** | Assent Date: | 2.6.98 | | Commencement Date: | S. 311(Sch. 1 item 86) on 1.7.98: Government Gazette 18.6.98 p. 1512 | **Transfer of Land (Single Register) Act 1998, No. 85/1998** | Assent Date: | 17.11.98 | | Commencement Date: | S. 24(Sch. item 57) on 1.1.99: s. 2(3) | **Planning and Environment (Amendment) Act 2000, No. 28/2000** | Assent Date: | 30.5.00 | | Commencement Date: | S. 23 on 31.5.00: s. 2(1) | **Statute Law Revision Act 2000, No. 74/2000** | Assent Date: | 21.11.00 | | Commencement Date: | S. 3(Sch. 1 item 119) on 22.11.00: s. 2(1) | **Corporations (Consequential Amendments) Act 2001, No. 44/2001** | Assent Date: | 27.6.01 | | Commencement Date: | S. 3(Sch. item 106) on 15.7.01: s. 2 | **Surveying Act 2004, No. 47/2004** | Assent Date: | 16.6.04 | | Commencement Date: | Ss 71(Sch. item 4), 72 on 1.1.05: s. 2(2) | **Planning and Environment (General Amendment) Act 2004, No. 81/2004** | Assent Date: | 16.11.04 | | Commencement Date: | S. 51 on 23.5.05: Government Gazette 19.5.05 p. 930 | **Victorian Urban Development Authority (Amendment) Act 2006, No. 35/2006** | Assent Date: | 13.6.06 | | Commencement Date: | S. 8 on 1.9.06: s. 2(2) | **Owners Corporations Act 2006, No. 69/2006** | Assent Date: | 19.9.06 | | Commencement Date: | Ss 206–216 on 31.12.07: s. 2(2) | **Planning and Environment Amendment Act 2007, No. 47/2007** | Assent Date: | 25.9.07 | | Commencement Date: | Ss 20–22 on 26.9.07: s. 2(1) | **Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008** | Assent Date: | 11.2.08 | | Commencement Date: | Ss 32, 33 on 12.2.08: s. 2(1) | **Consumer Credit (Victoria) and Other Acts Amendment Act 2008, No. 6/2008** | Assent Date: | 18.3.08 | | Commencement Date: | S. 37 on 19.3.08: s. 2(1) | **Land Legislation Amendment Act 2009, No. 80/2009** | Assent Date: | 8.12.09 | | Commencement Date: | Ss 95–104 on 1.5.10: s. 2(2) | **Valuation of Land Amendment Act 2009, No. 94/2009** | Assent Date: | 15.12.09 | | Commencement Date: | S. 34 on 1.5.10: s. 2(2) | **Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010, No. 23/2010** | Assent Date: | 1.6.10 | | Commencement Date: | Ss 19, 20 on 1.7.10: Special Gazette (No. 242) 25.6.10 p. 1 | **Subordinate Legislation Amendment Act 2010, No. 78/2010** | Assent Date: | 19.10.10 | | Commencement Date: | S. 24(Sch. 1 item 32) on 1.1.11: s. 2(1) | **Planning and Environment Amendment (General) Act 2013, No. 3/2013** | Assent Date: | 19.2.13 | | Commencement Date: | Ss 86–91 on 28.10.13: s. 2(2) | **Planning and Environment Amendment (Infrastructure Contributions) Act 2015, No. 35/2015** | *Assent Date:* | 1.9.15 | | *Commencement Date:* | S. 16 on 1.6.16: s. 2(2) | **Rural Assistance Schemes Act 2016, No. 39/2016** | *Assent Date:* | 28.6.16 | | *Commencement Date:* | S. 33 on 30.6.16: s. 2 | **Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017, No. 10/2017** | *Assent Date:* | 27.3.17 | | *Commencement Date:* | S. 37 on 1.4.17: Special Gazette (No. 94) 27.3.17 p. 1 | **Victorian Planning Authority Act 2017, No. 11/2017** | *Assent Date:* | 27.3.17 | | *Commencement Date:* | Ss 99, 100 on 1.7.17: Special Gazette (No. 150) 16.5.17 p. 1 | **Land Legislation Amendment Act 2017, No. 42/2017** | *Assent Date:* | 19.9.17 | | *Commencement Date:* | Ss 47−68 on 20.9.17: s. 2 | **Planning and Environment Amendment (Public Land Contributions) Act 2018, No. 7/2018** | *Assent Date:* | 27.2.18 | | *Commencement Date:* | Ss 16–20 on 2.7.18: Special Gazette (No. 305) 26.6.18 p. 1 | **Environment Protection Amendment Act 2018, No. 39/2018** (as amended by Nos 27/2019, 11/2020) | *Assent Date:* | 28.8.18 | | *Commencement Date:* | S. 54 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 | **Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020, No. 1/2020** | *Assent Date:* | 11.2.20 | | *Commencement Date:* | Ss 142–145 on 1.7.20: s. 2(2) | **Local Government Act 2020, No. 9/2020** | *Assent Date:* | 24.3.20 | | *Commencement Date:* | S. 390(Sch. 1 item 97) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 | **Owners Corporations and Other Acts Amendment Act 2021, No. 4/2021** | *Assent Date:* | 23.2.21 | | *Commencement Date:* | Ss 87–92 on 1.12.21: s. 2(2) | **State Taxation Acts Amendment Act 2023, No. 18/2023** | *Assent Date:* | 27.6.23 | | *Commencement Date:* | Ss 105–107 on 28.6.23: s. 2(3) | **State Electricity Commission Amendment Act 2024, No. 11/2024** | Assent Date: | 26.3.24 | | *Commencement Date:* | S. 110 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1 | **Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025** | *Assent Date:* | 20.5.25 | | *Commencement Date:* | S. 55 on 21.5.25: s. 2(1) | –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.