5The procedure for certification and registration of plans

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.