Subdivision Act 1988 (Vic)

Version No. 083

Subdivision Act 1988

No. 53 of 1988

Version incorporating amendments as at

21 May 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1What are the purposes of this Act?

2When does this Act commence?

3Definitions

4What does this Act apply to?

5The procedure for certification and registration of plans

Part 2—Certification of plans

6What must the Council do?

7How long does certification last?

7ANotifications following certifications in relation to land in respect of which there is a levy recording

8When must the Council refer a plan to a referral authority?

9What must a referral authority do?

10Council may require alterations

11Council may consent to the amendment of a certified plan

11ACouncil and referral authority may ask for information

11BAmendment to plan sealed by council

12Plan must show easements and other rights

13Certification evidence of compliance with Act

Part 3—Statutory requirements for plans

14Application of Part

15Council or referral authority may require an engineering plan for works

16Works must comply with standards

17Construction and maintenance of works

18Council may require public open space

18ARequirement for public open space in planning scheme

19Valuation of land for public open space

20What must the Council do with public open space?

20ALand to be marked out

21Statement of compliance with statutory requirements

21AEnforcement of agreements

Part 4—Registration of certified plans

22When can the Registrar register a plan?

22ARegistrar may require documents and information

22BRegistrar to refuse registration if documents or evidence not supplied

23What if a planning scheme directs the creation, removal or variation of rights?

24What is the effect of registration?

24AReserves and other similar land

25Notification of Councils and referral authorities

26Boundary plans

Part 5—Subdivisions with owners corporations

Division 1—Creation of owners corporation

27How is an owners corporation created?

27AIf there is common property an owners corporation must be created

27BPurposes of an unlimited owners corporation

27CLimited owners corporations

27DRestriction on creation of owners corporations

27ECreation of rules

27EAInitial owner to engage surveyor

27FPlan must specify lot entitlement and lot liability

27GPlan may specify limitations

27HRegistrar to record information

28Creation of owners corporation

29Owners corporation excluded from Corporations legislation

Division 2—Common property

30Vesting of common property

31Registrar must create folio of Register for common property

31ADealings in common property

Division 3—Alteration of a subdivision

32Powers to alter subdivision

32AAPowers do not apply to certain changes relating to common property

32ABNo power to compulsorily acquire

32ACCreation of roads and reserves

32ADRegistration of plan

32AELot liability and lot entitlement

32AFLand to which powers may apply

32AGDissolution of owners corporation

32AHMerger of owners corporations

32AIConsolidation, subdivision or alteration

32AJRestriction on alteration to plan

32AKIdentity of owners corporation not affected by alteration of plan

32ALRegistration of plan of consolidation

Division 4—General provisions relating to plans

32ATotal consolidation or re-subdivision

32BNew plan may create owners corporation

33How can lot entitlement and liability be altered?

34Recording of changes to a plan

Division 5—Disputes and other proceedings relating to owners corporations

34ADisputes relating to owners corporations—general

34BDisputes about easements

34CVCAT may refer matter to County Court

34DApplications relating to plans

34EApplication for order requiring owners corporation to comply

34FOrder to Registrar

Division 6—Winding up of owners corporation

34GWinding up of an owners corporation

34HCancellation or amendment of plan on winding up

Part 6—Miscellaneous

35Acquisition of land by acquiring authority

36Power of owner to acquire or remove easements

37Staged subdivision

38Amendment to accessory lot on plan

38AAmendment to restricted lot on plan

38BApplication by owners corporation for amendment to scheme of development for cluster subdivision

38CApplication by lot owner for amendment to scheme of development for cluster subdivision

38DPower of Registrar to deal with applications under section 38B or 38C

38EConsent for amendment to plan

38FProceedings for further stages of development of land in plan of cluster subdivision

39General disputes arising under this Act

40Review of refusal or failure to decide

41Application for declaration

41AParties not restricted to grounds previously notified

41BMatters Tribunal must take into account

42Delegation by the Minister

42ARegistrar may approve forms

43Regulations

44AReferences

46Strata and cluster plans

46AExpiry of registered plan

47Transitional—Owners Corporations Act 2006

48Continuation of proceedings

49Transitional—Victorian Planning Authority Act 2017

Schedules

Schedule 2—Strata and cluster subdivisions

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 083

Subdivision Act 1988

No. 53 of 1988

Version incorporating amendments as at

21 May 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1What are the purposes of this Act?

The purposes of this Act are to—

(a)set out the procedure for the subdivision and consolidation of land, including buildings and airspace, and for the creation, variation or removal of easements or restrictions; and

(b)regulate the management of and dealings with common property and the constitution and operation of owners corporations.

2When does this Act commence?

This Act comes into operation on a day or days to be proclaimed.

3Definitions

(1)In this Act—

acquire in relation to an acquiring authority, means acquire by agreement or by compulsory process;

acquiring authority means any person or body of persons authorised to acquire land compulsorily;

applicant means—

(a)a person who applies to the Council for certification of a plan; or

(b)a person who applies to the Registrar to have a certified plan registered;

approved infrastructure contributions plan has the same meaning as in Part 3AB of the Planning and Environment Act 1987;

*                *                *                *                *

building includes—

(a)a structure and part of a building or a structure; and

(b)walls, out-buildings, service installations and other appurtenances of a building; and

(c)a boat or a pontoon which is permanently moored or fixed to land;

certified plan means a plan certified by a Council for lodging in the Office of Titles for registration;

charge includes—

(a)a charge under section 74 of the Transfer of Land Act 1958; or

(b)a charge on land created under an Act other than this Act or the Transfer of Land Act 1958;

collecting agency has the same meaning as in Part 3AB of the Planning and Environment Act 1987;

Council means the Council of the municipal district in which the land in the plan is located;

development agency has the same meaning as in Part 3AB of the Planning and Environment Act 1987;

*                *                *                *                *

GAIC recording has the same meaning as it has in Part 9B of the Planning and Environment Act 1987;

infrastructure contribution has the same meaning as in Part 3AB of the Planning and Environment Act 1987;

land includes buildings and airspace;

*                *                *                *                *

land affected by an owners corporation means the lots the owners for the time being of which are the members of the owners corporation together with the common property for which the owners corporation is responsible;

*                *                *                *                *

limited owners corporation means an owners corporation—

(a)that is specified as limited; and

(b)whose purpose is to manage the land affected by the owners corporation in accordance with specified limitations;

lotmeans a part (consisting of one or more pieces) of any land (except a road, a reserve or common property) shown on a plan which can be disposed of separately and includes a lot or accessory lot on a registered plan of strata subdivision and a lot or accessory lot on a registered cluster plan;

lot affected by an owners corporation means a lot the owner for the time being of which is a member of the owners corporation;

lot entitlement in relation to a lot affected by an owners corporation, means a number specified in the plan as the lot entitlement for that lot, expressing the extent of the lot owner's interest in any common property affected by the owners corporation;

lot liability in relation to a lot affected by an owners corporation, means a number specified in the plan as the lot liability for that lot, expressing the proportion of the administrative and general expenses of the owners corporation that the lot owner is obliged to pay;

master plan in relation to a staged subdivision using the procedure under section 37—

(a)means a plan of all the land in the subdivision at the time of registration of stage one of the plan; and

(b)includes any amendments to the plan made under that section;

owner means—

(a)for land under the Transfer of Land Act 1958 (other than land in an identified folio under that Act), the registered proprietor of the fee simple in the land, or a person who is empowered by or under an Act to execute a transfer of the land;

(b)for land in an identified folio under the Transfer of Land Act 1958 or land not under the Transfer of Land Act 1958, a person who has an estate in fee simple in the land (except a mortgagee), or is empowered by or under an Act to convey an estate in fee simple in the land;

owners corporation means a body corporate that is incorporated by registration of—

(a)a plan of subdivision; or

(b)a plan of strata subdivision; or

(c)a plan of cluster subdivision;

plan means a plan under section 24A, 32B or 37 or Division 3 of Part 5 or a plan of—

(a)subdivision; or

(b)consolidation; or

(c)creation, variation or removal of an easement or restriction;

permit means a permit under the Planning and Environment Act 1987;

plan of subdivision means a plan showing the subdivision of land;

planning scheme means a planning scheme under the Planning and Environment Act 1987;

public authority means a body established for a public purpose by or under any Act but does not include a Council;

public open space means land set aside in a plan or land in a plan zoned or reserved under a planning scheme—

(a)for public recreation or public resort; or

(b)as parklands; or

(c)for similar purposes;

public works means—

(a)the provision of roads, reserves, open spaces or services within a subdivision; or

(b)fencing, landscaping, and road works outside the subdivision for roads, reserves or public open space related to the subdivision; or

(c)works for sewerage, drainage, water supply, power, gas or telephone to connect the subdivision to the system serving properties outside it, excluding works to connect any particular property to the system for the subdivision; or

(d)prescribed works;

referral authority means a person or body specified in the planning scheme as a referral authority to which an application for a permit or a plan must be referred, or which must be satisfied that things have been done;

Register has the same meaning as it has in the Transfer of Land Act 1958;

registered cluster plan means a plan of cluster subdivision registered under the Cluster Titles Act 1974 and, if that plan is amended, that plan as amended and in force for the time being;

registered plan of strata subdivision means a plan of strata subdivision registered under the Strata Titles Act 1967 and, if that plan is amended, that plan as amended and in force for the time being;

registered plan means—

(a)a plan registered or approved by the Registrar under any Act, whether before or after the commencement of section 44; or

(b)a map or plan deposited or lodged with the Registrar under section 97 of the Transfer of Land Act 1954 or a corresponding previous or subsequent enactment;

Registrar has the same meaning as it has in the Transfer of Land Act 1958;

reserve means land set aside as public open space, or for the use of a public authority or the Council;

residual land in relation to a staged subdivision, means—

(a)land on the master plan that is not part of the first stage and is shown on the plan as another stage; or

(b)land on a plan for the second or a subsequent stage that is not part of that stage and is shown on the plan as another stage;

responsible authority means a responsible authority under the Planning and Environment Act 1987;

restriction means a restrictive covenant or a restriction which can be registered, or recorded in the Register under the Transfer of Land Act 1958;

site value has the same meaning as it has in the Valuation of Land Act 1960;

subdivision means the division of land into two or more parts which can be disposed of separately;

terms contract has the same meaning as in the Sale of Land Act 1962;

*                *                *                *                *

unlimited owners corporation means an owners corporation—

(a)that is specified as unlimited; and

(b)whose purpose is to manage the land affected by the owners corporation (except the use of any common property affected by a limited owners corporation);

vesting date means the date on which a notice of acquisition under the Land Acquisition and Compensation Act 1986 is published in the Government Gazette or, if land is acquired by agreement the date on which the land is registered in the name of the acquiring authority under the agreement;

works includes any changes to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil;

(2)Subject to the regulations, a plan may contain information in any form, including words and drawings.

(3)For the purposes of this Act, the creation, variation or removal of an easement or restriction must be taken to be authorised by a permit (whether granted before or after the commencement of this subsection) or a planning scheme if the permit or scheme (by condition or otherwise)—

(a)in any way requires, directs or allows; or

(b)in any other way provides for—

that creation, variation or removal.

(4)If a planning scheme or permit regulates or authorises the variation of an easement or restriction, that scheme or permit must be taken to include an authorisation to make the variation by removing the easement or restriction to be varied and creating a new easement or restriction in the varied form.

(5)Without limiting Part 2, a Council or referral authority may, under that Part, require a plan varying an easement or restriction to be altered so that it removes an existing easement or restriction and creates a new easement or restriction in accordance with the planning scheme or permit.

(6)Without limiting Part 4, the Registrar, under section 22, may require an applicant to amend, or may amend, a plan of variation of easement or restriction so that the plan removes an existing easement or restriction and creates a new easement or restriction in accordance with the planning scheme or permit.

(7)A plan amended in accordance with subsection (6) does not have to be recertified.

(8)If a planning scheme or permit authorising the variation of an easement under section 98 of the Transfer of Land Act 1958 does not specify the land benefited by the easement, the easement must be taken to benefit the whole of the land in the subdivision in respect of which it was created.

4What does this Act apply to?

(1)This Act applies to—

(a)subdivision of land; and

(b)consolidation of land; and

(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

(iv)under Division 3 of Part 5 or section 36(2)(b); and

(d)the creation of, or dealing with, common property; and

(e)an owners corporation; and

(f)plans under sections 24A, 32B and 37 and Division 3 of Part 5; and

(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

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.

(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.

(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.

(1C)A plan is not required under this Act to acquire an easement compulsorily under section 36.

(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.

(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.

(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).

(4A)This Act does not apply to an encumbrance unless the encumbrance constitutes an easement or a restriction.

(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.

(7)This Act does not apply to subdivision by the Crown in order to issue a Crown grant under any Act.

(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.

(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.

5The procedure for certification and registration of plans

(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.

(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

(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

(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

(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

(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.

(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.

(7)If the land in a plan is not in a municipal district, the Minister may carry out the functions of a Council.

PART 2—CERTIFICATION OF PLANS

6What must the Council do?

(1)The Council must certify a plan within the prescribed time if—

(a)the plan complies with this Act, the regulations, and those requirements of the planning scheme and any permit that relate to the boundaries of roads, lots, common property and reserves and the form and content of the plan; and

(b)the land is under the Transfer of Land Act 1958 or steps have been taken to bring the land under the Act; and

(c)every referral authority has given consent; and

(d)all alterations required by referral authorities have been made; and

*                *                *                *                *

(f)alterations required by the Council have been made; and

*                *                *                *                *

(h)where the only access to a lot is over Crown land, either a road has been reserved or proclaimed or the Minister administering the Land Act 1958 has consented in writing to the use of the land for access; and

(i)where the plan does anything requiring the unanimous resolution of the members of the owners corporation under Division 3 of Part 5 or an order of the Victorian Civil and Administrative Tribunal under section 34D, the plan is accompanied by a copy of the unanimous resolution or the order of the Tribunal; and

(j)where a plan removes or varies a restriction—

(i)the removal or variation is in accordance with the planning scheme or a permit; or

(ii)the Registrar has declared that the restriction has been released modified or varied; and

(k)where a plan removes or varies the whole or part of an easement—

(i)the removal or variation is in accordance with the planning scheme or a permit; or

(ii)the Registrar has declared that the easement has been abandoned or extinguished; or

(iii)the easement was set aside for the purpose of a Council, public authority or other person which has requested or consented to the removal or variation; or

(iv)all parties interested in the easement or the part of it have agreed to the removal or variation; or

(v)the Victorian Civil and Administrative Tribunal has given leave under section 36 to remove the easement and, if leave is given subject to conditions relating to the plan, those conditions have been met.

(2)If the conditions in subsection (1) are not met, the Council must refuse to certify the plan and give its reasons in writing to the applicant within the prescribed time.

(3)The Council may rely on a verified copy of a unanimous resolution or Tribunal order accompanying a plan and referred to in section 6(1)(i) as conclusive proof that a unanimous resolution or order was made in those terms.

7How long does certification last?

The certification of a plan is valid for 5 years from the date of certification.

7ANotifications following certifications in relation to land in respect of which there is a levy recording

(1)This section applies if—

(a)the Council certifies a plan of subdivision of land in respect of which there is a levy recording (within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020); and

(b)Part 3 does not apply to that plan.

(2)The Council, within 7 days after certifying the plan, must give the Secretary to the Department of Environment, Land, Water and Planning—

(a)written notice of that certification; and

(b)a copy of the application for certification and the certified plan.

8When must the Council refer a plan to a referral authority?

(1)The Council must refer a plan to a referral authority within the prescribed time—

(a)if this is required by the planning scheme or the permit, unless—

(i)the plan is of a class exempted from the referral requirement by the planning scheme or the regulations; or

(ii)the applicant gives the Council satisfactory evidence of the authority's consent dated not more than 3 months before the date on which the plan is submitted for certification; or

(b)if the authority is likely to have an interest in an easement or restriction which is to be created, varied or removed, unless the authority has agreed to the easement or restriction in connection with the planning scheme or permit or otherwise.

(2)The Council does not have to refer a plan to a referral authority if the plan is submitted by an acquiring authority under section 35 and shows acquired land without proposing to create additional lots.

(3)If a referral authority has required specified alterations to be made to a plan and a plan containing those alterations is submitted to the Council, the Council does not have to refer the altered plan to that referral authority.

(4)The Council does not have to refer to a referral authority a plan under section 24A.

(5)The Council does not have to refer again to a referral authority a plan which the Council has amended after referral, if the Council considers that the amendments are minor and are unlikely to affect the interests of the authority.

(6)As soon as possible after certifying a plan that was not referred to a referral authority, the Council must give the authority a copy of the certified plan.

9What must a referral authority do?

(1)The referral authority must inform the Council within the prescribed time that it—

(a)consents to the plan; or

(b)requires specified alterations; or

(c)refuses consent.

(2)If the authority requires specified alterations or refuses consent, it must give written reasons to the Council and the applicant.

(3)If the authority does not reply within the prescribed time or fails to give written reasons, it consents.

(4)If a referral authority requires a specified alteration to a plan, the time permitted for consideration of the plan by the authority and the Council is suspended until the altered plan is submitted to the Council.

(5)If a plan contains all the specified alterations required by a referral authority, the authority cannot require any further alterations or refuse to consent to the plan.

10Council may require alterations

(1)Within the prescribed time, the Council may require the applicant to alter the plan to make the plan suitable for certification.

(2)The Council may agree to an alteration at the request of the applicant.

(3)If the Council requires an alteration to a plan, the time for consideration of the plan is suspended until the altered plan is re-submitted to the Council.

(4)If a plan contains the alterations required by a Council, the Council cannot require any further alterations.

(5)The Council must send a copy of the altered plan to any referral authority referred to in section 8.

(6)A Council cannot require or agree to an alteration which is inconsistent with any notice of acquisition in respect of that land published in the Government Gazette, or which is inconsistent with a requirement of a referral authority.

(7)If the plan was prepared by a licensed surveyor, the Council must notify the surveyor of the alteration required by the Council.

11Council may consent to the amendment of a certified plan

(1)The owner or a person with the consent of the owner or an acquiring authority may apply to the Council to amend a certified plan.

(2)The Council must refer the application to any referral authority referred to in section 8 within the prescribed time, unless the application is made by an acquiring authority.

(2A)The Council does not have to refer an application to amend a certified plan to a referral authority if it considers that the amendment is minor and is unlikely to affect the interests of the authority.

(3)The referral authority must inform the Council that it—

(a)consents to the amendment; or

(b)requires alterations to ensure that the plan conforms with any requirements it made when it consented to the plan; or

(c)refuses to consent—

within the prescribed time, giving its reasons for the refusal or the alteration.

(4)If the referral authority does not reply within the prescribed time or fails to give written reasons, it consents to the amendment.

(5)If a referral authority requires an alteration to a plan, the time permitted for consideration of the plan is suspended until the altered plan is submitted.

(6)If a plan contains all the alterations required by a referral authority, the authority cannot require any further alterations or refuse to consent to the plan.

(7)The Council must—

(a)re-certify the amended plan or certify a new plan; or

(b)advise the person who made the application to amend the certified plan in writing of the reasons for refusing to do so—

within the prescribed time.

(8)If a new plan is submitted for certification the existing certified plan must be given to the Council.

(9)The certification or re-certification of a plan under subsection (7) does not extend the period specified in section 7.

(10)If the plan was prepared by a licensed surveyor the Council must notify the surveyor of an amendment applied for by an acquiring authority.

(11)As soon as possible after re-certifying an amended plan where the amendment was not referred to a referral authority, the Council must give a copy of the re-certified plan to the referral authority.

11ACouncil and referral authority may ask for information

(1)When considering a plan or an amendment to a plan under section 9, 10 or 11, the Council or a referral authority may require the applicant to give more information about the plan within a time specified by the Council or the authority.

(2)If the Council or a referral authority requires more information, the time permitted for the Council and the referral authority to consider the plan is suspended until the information is received or the specified time ends, whichever is the sooner.

(3)If a Council or a referral authority has required more information and the information is received within the specified time, the Council or the authority cannot require more information to be given.

11BAmendment to plan sealed by council

A plan of subdivision, including a plan of strata subdivision and a plan of cluster subdivision or a plan of consolidation, which has been sealed by a Council may be amended in accordance with section 11 as if it were a certified plan.

12Plan must show easements and other rights

(1)A plan of subdivision or consolidation must specify—

(a)existing registered easements that burden the land (other than easements over land referred to in subsection (2)(a)(i)(ii) or (iii)), the purpose of the easements and either the land benefited by the easements or, if they were authorised by or under an Act other than this Act or the Transfer of Land Act 1958, the public authority, Council, Minister or other person in whose favour they are created; and

(b)proposed easements (other than easements over land referred to in subsection (2)(a)(i), (ii) or (iii)), the purpose of the easements and either the land which they are to benefit or, if they are authorised by or under an Act other than this Act or the Transfer of Land Act 1958, the public authority, Council, Minister or other person in whose favour they are to be created.

(1A)A plan of creation, variation or removal of an easement must specify the easement to be created, varied or removed, the purpose of the easement and either the land benefited or to be benefited or, if the creation, variation or removal is authorised by or under an Act other than this Act or the Transfer of Land Act 1958, the public authority, Council, Minister or other person in whose favour the easement is or is to be created.

(1B)If land is described in a folio of the Register or in an instrument or plan referred to in that folio as being affected by an easement but that folio, instrument or plan does not do all or any of the following—

(a)describe the purpose of the easement;

(b)specify the land benefited by the easement;

(c)if the easement is created under an Act, specify the person or authority in whose favour it is created—

a plan must be taken to comply with subsection (1)(a) or (1A) (as the case requires) if it specifies the land burdened by the easement and any other information about the purpose or benefit of the easement appearing from that folio, instrument or plan.

(2)Subject to subsection (3), there are implied—

(a)over—

(i)all the land on a plan of subdivision of a building; and

(ii)that part of a subdivision which subdivides a building; and

(iii)any land affected by an owners corporation; and

(iv)any land on a plan if the plan specifies that this subsection applies to the land; and

(b)for the benefit of each lot and any common property—

all easements and rights necessary to provide—

(c)support, shelter or protection; or

(d)passage or provision of water, sewerage, drainage, gas, electricity, garbage, air or any other service of whatever nature (including telephone, radio, television and data transmission); or

(e)rights of way; or

(f)full, free and uninterrupted access to and use of light for windows, doors or other openings; or

(g)maintenance of overhanging eaves—

if the easement or right is necessary for the reasonable use and enjoyment of the lot or the common property and is consistent with the reasonable use and enjoyment of the other lots and the common property.

(3)A plan may provide that some, all or none of the easements and rights referred to in subsection (2) are implied as a burden or benefit over all or any of the land on the plan.

(3A)Subsection (3) does not apply to—

(a)any part of a plan that subdivides a building; or

(b)easements or rights for existing services provided to a lot, if the lot and the land on which the service is located are not in common ownership.

(3B)There are implied over any road set aside on a plan, in favour of the appropriate responsible public authority or Council, all easements and rights necessary to provide passage or provision of water, sewerage, drainage, gas, electricity, garbage, air or any other service of whatever nature (including telephone, radio, television and data transmission), if the easement or right is consistent with the reasonable use of the land as a road.

(4)Any person, Council or referral authority entitled to use an easement can gain access to that easement over the common property and any lot for the purpose of using the easement and must repair any damage caused in gaining access to or using the easement.

(5)If a plan is registered on which there is an easement the person entitled to use the easement is not required to repair damage to buildings or works constructed or located so as to interfere with the exercise of rights conferred by the easement if reasonable care is taken in gaining access to and using the easement.

(6)If an easement in favour of a public authority, Council, Minister or other person is specified on a plan, subsection (2) does not operate to imply an easement or right for that person for the same purpose.

(7)This section does not prevent the exercise of rights conferred by—

(a)an easement created in favour of a public authority, Council, Minister or other person otherwise than under this Act or the Transfer of Land Act 1958; or

(b)an agreement to create an easement in favour of a public authority, Council, Minister or other person made under an Act other than this Act or the Transfer of Land Act 1958.

(8)The easements specified on a plan or implied by subsection (2) are in addition to easements under section 98(a) of the Transfer of Land Act 1958.

(9)Section 98(b) of the Transfer of Land Act 1958 does not apply to a plan registered under this Act.

13Certification evidence of compliance with Act

Where the Council certifies a plan, the certification is conclusive evidence that the provisions of this Act relating to certification including any preliminary requirements, have been complied with, unless, before the plan is registered, an order is made under section 39(3) and served on the Registrar.

PART 3—STATUTORY REQUIREMENTS FOR PLANS

14Application of Part

(1)This Part does not apply to a plan submitted by an acquiring authority under section 35 unless the plan proposes to create additional lots except for the purpose of acquisition.

(2)This Part does not apply to a plan under section 24A.

15Council or referral authority may require an engineering plan for works

(1)A Council or a referral authority may require an applicant to submit an engineering plan including specifications for works required under the planning scheme or permit.

(2)The Council or referral authority must—

(a)approve the engineering plan; or

(b)specify the alterations it requires; or

(c)refuse to approve the plan—

within the prescribed time.

(3)If the Council or referral authority requires alterations or refuses to approve the engineering plan, it must at the same time give written reasons to the applicant.

(4)If the Council or referral authority requires an alteration to an engineering plan, the time for its consideration of the plan is suspended until the altered engineering plan is submitted.

(5)If an engineering plan contains all the alterations required by a Council or referral authority, the Council or referral authority cannot require any further alteration and must approve the plan.

(6)The Council may make a charge not exceeding the prescribed fee for an engineering plan it prepares.

16Works must comply with standards

Any person who constructs works must comply with—

(a)the certified plan; and

(b)the approved engineering plan; and

(c)the standards specified in the planning scheme or the permit.

17Construction and maintenance of works

(1)A person must not commence works until—

(a)the plan has been certified; and

(b)the engineering plan has been approved; and

(c)any agreement required by a responsible authority or a referral authority has been entered into.

(2)A Council or referral authority may—

(a)appoint a person to supervise the construction of the works; and

(b)make a charge not exceeding the prescribed fee for the supervision; and

(c)enter into an agreement with an owner or applicant in anticipation of the applicant becoming owner providing for either or both of the following—

(i)that works or other things required by the planning scheme or permit may be completed after registration;

(ii)if works are required, securing compliance with section 20A.

(2A)If land the subject of an application for a permit to subdivide or consolidate or land on a plan is located outside the district of a relevant authority, the Council, if it considers that water or sewerage services should be provided, may request the Minister administering the Act under which the relevant authority is created (if that Minister has not already made a nomination) to nominate a relevant authority to consider what works (if any) are required and, if within the prescribed time the Minister does not nominate an authority, the Council may carry out a nominated relevant authority's functions under this section.

(2B)A nominated relevant authority may make any requirement under subsection (2) as if it were a referral authority.

(2C)An agreement made under subsection (2)(c) by a nominated relevant authority may make provision for any matter including but not limited to—

(a)the payment by the owner or applicant of—

(i)any reasonable part of the cost of constructing works; or

(ii)any reasonable part of the cost of maintaining works for a period of not more than 5 years; and

(b)the payment by the owner or applicant of any reasonable part of the cost of the authority's general system of public utility services, based on the area or use of the land; and

(c)the payment by the owner or applicant of any reasonable part of the cost of constructing or maintaining works on other land that are capable of benefiting the owner's or applicant's land; and

(d)advances to be made by the owner or applicant to the authority for constructing or maintaining works; and

(e)exempting the works from any provision of this section; and

(f)the person or body in which works are to vest or who is to be responsible for works after they are completed; and

(g)the referral of any proposal for works to any person or body.

(2D)At any time after works are completed under an agreement to which subsection (2C) applies, the Council and a relevant authority may by agreement or the Governor in Council may by Order published in the Government Gazette, transfer the works and any land or interest in land relating to the works and rights, powers, obligations and liabilities under the agreement from the Council to a relevant authority.

(2E)Subject to any agreement, subsections (1), (3), (4), (5) and (6) apply as if they referred to a nominated relevant authority as well as to a referral authority.

(3)Subject to this section, Division 2 of Part 9 of the Planning and Environment Act 1987 applies to an agreement under subsection (2)(c) as if the Council or referral authority were the responsible authority.

(3A)An agreement under subsection (2)(c) does not have to be under seal.

(3B)If an agreement under subsection (2)(c) is not under seal, sections 174(1), 179 and 181 to 183 of the Planning and Environment Act 1987 do not apply to it.

(3C)If an agreement under subsection (2)(c) is under seal—

(a)section 182A of the Planning and Environment Act 1987 does not apply to it; and

(b)section 181(1) of the Planning and Environment Act 1987 applies to it as if for the expression "must apply to the Registrar of Titles, without delay," there were substituted the expression "may apply to the Registrar of Titles".

(4)The applicant is responsible for the maintenance of the completed works in good condition and repair for 3 months or any other period which is agreed between the applicant and the Council or referral authority.

(5)After the expiry of the maintenance period, maintenance of the works becomes the responsibility of the Council or the referral authority.

(6)In this section—

agreement includes arrangement or understanding, whether written or oral or by conduct;

relevant authority means—

(a)an authority under the Water Act 1989 that has a water or a sewerage district; or

(b)the Melbourne and Metropolitan Board of Works; and

works means works that—

(a)are required by or for the Council or a referral authority to provide roads or public utility services to the land; and

(b)are or are to be the responsibility of the Council or a referral authority after the maintenance period.

18Council may require public open space

(1AA)Subject to subsection (1AB), this section applies if a requirement for public open space is not specified in the planning scheme.

(1AB)This section does not apply to a parcel of land to which a planning scheme applies if—

(a)the planning scheme includes an approved infrastructure contributions plan that applies to that parcel of land; and

(b)on the development of the parcel of land—

(i)any land in that parcel of land specified in the approved infrastructure contributions plan to be set aside as public open space must be provided as part of the land component of an infrastructure contribution imposed under the approved infrastructure contributions plan; or

(ii)a land equalisation amount (within the meaning of section 46GF of the Planning andEnvironment Act 1987) will be imposed under the approved infrastructure contributions plan to pay for any land to be set aside for public open space under the plan; and

(c)the land in the parcel of land is of a type of land specified in a direction of a Minister pursuant to section 46GJ(2)(u) of the Planning and Environment Act1987 as being land to which this subsection applies.

(1)A Council acting as a responsible authority or a referral authority under the Planning and Environment Act 1987 may require the applicant who proposes to create any additional separately disposable parcel of land by a plan of subdivision to—

(a)set aside on the plan, for public open space, in a location satisfactory to the Council, a percentage of all of the land in the subdivision intended to be used for residential, industrial or commercial purposes, being a percentage set by the Council not exceeding 5 per cent; or

(b)pay or agree to pay to the Council a percentage of the site value of all of the land in the subdivision intended to be used for residential, industrial or commercial purposes, being a percentage set by the Council not exceeding 5 per cent; or

(c)do a combination of (a) and (b) so that the total of the percentages required under (a) and (b) does not exceed 5 per cent of the site value of all the land in the subdivision.

(1A)The Council may only make a public open space requirement if it considers that, as a result of the subdivision, there will be a need for more open space, having regard to—

(a)the existing and proposed use or development of the land;

(b)any likelihood that existing open space will be more intensively used after than before the subdivision;

(c)any existing or likely population density in the area of the subdivision and the effect of the subdivision on this;

(d)whether there are existing places of public resort or recreation in the neighbourhood of the subdivision, and the adequacy of these;

(e)how much of the land in the subdivision is likely to be used for places of resort and recreation for lot owners;

(f)any policies of the Council concerning the provision of places of public resort and recreation.

(1B)If a Council requires an applicant to pay or agree to pay an amount under subsection (1)—

(a)the amount must be paid before the Council issues its statement of compliance; and

(b)subject to paragraph (a), the time for payment of the amount is at the applicant's discretion; and

(c)despite paragraph (a), the whole or any part of the amount may be paid after the Council issues its statement of compliance if the applicant and the Council so agree under section 21(1)(b)(ii).

(2)In the case of a staged subdivision using the procedure under section 37—

(a)if an open space requirement is to be made, it must be made for the master plan, but may be expressed to apply to any particular stage or stages; and

(b)if the requirement applies to the second or a subsequent stage, the location of the open space need not be defined except on the plan for that stage; and

(c)if the requirement applies to the second or a subsequent stage and is a requirement to pay money, the total amount to be paid may be apportioned between particular stages, and the proportion need not be specified except for the plans of the appropriate stages.

(3)Land intended to be used for residential, industrial or commercial purposes includes land set aside on the plan of subdivision for roads or other reserves incidental or ancillary to the use of the land for residential, industrial or commercial purposes.

(4)The applicant may agree with the Council to set aside or pay a percentage other than the set percentage.

(5)A public open space requirement may be made only once in respect of any of the land to be subdivided whether the requirement was made before or after the commencement of this section, unless subsection (6) applies.

(6)A further open space requirement may only be made when a building is subdivided and a public open space requirement was not made under section 569H of the Local Government Act 1958 or section 21A of the Building Control Act 1981 when the building was constructed.

(7)If any amount is paid to the Council under this section and the Council is satisfied that it is no longer intended to subdivide the land to create any additional lot, the Council may refund the amount paid to it.

(8)A public open space requirement is not required if—

(a)the subdivision is of a class of subdivision that is exempted from the public open space requirement by the planning scheme; or

(b)the subdivision is for the purpose of excising land to be transferred to a public authority, Council or a Minister for a utility installation; or

(c)the subdivision subdivides land into two lots and the Council considers it unlikely that each lot will be further subdivided.

18ARequirement for public open space in planning scheme

(1)This section applies to a requirement for public open space that is specified in a planning scheme.

(2)If a person is required to pay or agrees to pay an amount in respect of an open space requirement—

(a)the amount must be paid to the Council before the Council issues its statement of compliance; and

(b)subject to paragraph (a), the time for payment of the amount is at the person's discretion; and

(c)despite paragraph (a), the whole or any part of the amount may be paid after the Council issues its statement of compliance if the person and the Council so agree under section 21(1)(b)(ii).

(3)In the case of a staged subdivision using the procedure under section 37—

(a)the open space requirement must be made for the master plan, but may be expressed to apply to any particular stage or stages; and

(b)if the requirement applies to the second or a subsequent stage, the location of the open space need not be defined except on the plan for that stage; and

(c)if the requirement applies to the second or a subsequent stage and the requirement is to be met by a monetary payment, the total amount to be paid may be apportioned between particular stages, and the proportion need not be specified except for the plans of the appropriate stages.

(4)A public open space requirement may be made only once in respect of any of the land to be subdivided whether the requirement was made before or after the commencement of this section, unless subsection (5) applies.

(5)A further open space requirement may only be made when a building is subdivided and a public open space requirement was not made under section 569H of the Local Government Act 1958 or section 21A of the Building Control Act 1981 when the building was constructed.

(6)If any amount is paid to the Council under this section and the Council is satisfied that it is no longer intended to subdivide the land to create any additional lot, the Council may refund the amount paid to it.

19Valuation of land for public open space

(1)The Council may obtain a valuation of the land for the purposes of section 18 or 18A or a public open space requirement in a planning scheme from a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation of Land Act 1960 if the value is not agreed.

(2)The land is to be valued on a day not more than 12 months before the date for compliance with the public open space requirement.

(3)The Council must give the applicant a copy of the valuation.

(4)Part III of the Valuation of Land Act 1960 (except Division 2) applies to the valuation as if the valuation had been made under Part 8 of the Local Government Act 1989.

(5)If the public open space requirement is not complied with within 12 months after it is required under section 18 or 18A or a planning scheme, the Council may obtain a revaluation at each anniversary of the making of the requirement, and vary the requirement accordingly.

20What must the Council do with public open space?

(1)A Council must set aside for public open space any land which is vested in the Council for that purpose.

(2)The Council must use any payment towards public open space it receives under this Act or has received under section 569B(8A) of the Local Government Act 1958 but has not applied under subsection (8C) of that section or the proceeds of any sale of public open space to—

(a)buy land for use for public recreation or public resort, as parklands or for similar purposes; or

(b)improve land already set aside, zoned or reserved (by the Council, the Crown, a planning scheme or otherwise) for use for public recreation or public resort, as parklands or for similar purposes; or

(c)with the approval of the Minister administering the Local Government Act 2020, improve land (whether set aside on a plan or not) used for public recreation orpublic resort, as parklands or for similar purposes.

*                *                *                *                *

(4)Public open space can be used for municipal purposes in accordance with the planning scheme, or sold only if the Council has provided for replacement public open space.

(5)This section does not apply in relation to any land that is specified in an approved infrastructure contributions plan as land to be set aside as public open space.

20ALand to be marked out

(1)If works are not required in connection with a plan of subdivision, the applicant must, before the Council gives its statement of compliance, submit to the Council written advice in the prescribed form by a licensed surveyor—

(a)that at the date the advice is given—

(i)where appropriate, roads and reserves are marked out or defined; and

(ii)where appropriate, the boundaries of the land in the plan, the lots and the common property are marked out or defined—

and any supporting survey monumentation required under the Surveying Act 2004 or the Survey Co-ordination Act 1958 is in place; and

(b)if there is a substantial discrepancy between a boundary and the boundary as shown on the plan, that a substantial discrepancy exists.

(2)If works are required in connection with a plan of subdivision, the applicant must, not earlier than the date of completion of the works and not later than the end of one month after that date of completion, submit to the Council written advice in the prescribed form by a licensed surveyor—

(a)that at the date the advice is given—

(i)where appropriate, roads and reserves are marked out or defined; and

(ii)where appropriate, the boundaries of the land in the plan, the lots and the common property are marked out or defined—

and any supporting survey monumentation required under the Surveying Act 2004 or the Survey Co-ordination Act 1958 is in place; and

(b)if there is a substantial discrepancy between a boundary and the boundary as shown on the plan, that a substantial discrepancy exists.

(3)In this section works means—

(a)works within the meaning of section 17(6); or

(b)building works which define any boundary; or

(c)works required by a planning scheme or permit, the plan of subdivision, an engineering plan, a nominated relevant authority under section 17, or an agreement made under section 17.

21Statement of compliance with statutory requirements

(1)Subject to subsections (2C) and (2CA), a Council must issue a statement of compliance to the applicant in the prescribed form as soon as possible after—

(a)the applicant has given it the prescribed information; and

(b)it is satisfied that—

(i)all requirements of and under this Part and the Planning and Environment Act 1987 that relate to public works have been met; or

(ii)there is an agreement to secure compliance with those requirements.

(2)In the case of a staged subdivision using the procedure under section 37—

(a)a statement of compliance for the master plan must contain the prescribed information; and

(b)a statement of compliance for a plan of the second or a subsequent stage must contain the prescribed information; and

(c)a statement of compliance for the first stage (but not the residual land) is a sufficient statement of compliance to enable the master plan to be registered; and

(d)a statement of compliance for the second or a subsequent stage (but not for the residual land on the plan for that stage) is a sufficient statement of compliance to enable that plan to be registered.

(2A)A Council, within 7 days after receiving the request for the issue of the statement of compliance in relation to a plan of a subdivision that relates to land which is within a project area for which a resolution is in force under Division 5A of Part 3 of the Development Victoria Act 2003 levying a general development charge or infrastructure recovery charge, must—

(a)notify Development Victoria in writing—

(i)of the receipt of that request and the date of that receipt; and

(ii)as to whether the land in the plan of subdivision has been the subject of a subdivision of land in the period of 3 years immediately preceding the date of that receipt; and

(b)provide Development Victoria with a copy of the planning permit for that subdivision.

(2B)Subsection (2A) does not apply to a plan of subdivision that involves an alteration to the boundaries of the lots on an existing plan of subdivision but does not increase the number of lots above the number of lots on that existing plan of subdivision.

(2C)A Council must not issue a statement of compliance under this section in relation to a plan of subdivision for which it has given notice under subsection (2A) unless Development Victoria has notified the Council under section 51ZA of the Development Victoria Act 2003 that—

(a)a general development charge or an infrastructure recovery charge is not payable in respect of the subdivision; or

(b)if a general development charge or an infrastructure recovery charge is payable in respect of the subdivision, the charge has been paid or the person liable to pay the charge has entered into an agreement with Development Victoria under section 51Y of that Act to pay the charge.

(2CA)A Council must not issue a statement of compliance under this section in relation to a plan relating to land, in respect of which an infrastructure contribution is imposed under an approved infrastructure contributions plan, unless the applicant has satisfied the Council that—

(a)in the case of a monetary component amount and any land equalisation amount of the infrastructure contribution—

(i)the applicant has paid those amounts to the collecting agency in accordance with section 46GV(3) of the Planning and Environment Act 1987; or

(ii)the applicant has entered into an agreement with the collecting agency under section 46GV(3) of that Act for the payment of those amounts; and

(b)if any of the land in the plan is required to be provided to the collecting agency or a development agency as part of the land component of the infrastructure contribution—that land has been set aside as a reserve or a road on the plan to vest in the collecting agency or the development agency (as the case requires) under this Act.

(3)A Council cannot refuse to issue a statement of compliance because a requirement made in relation to an application, approval, permit or certificate under the Building Act 1993 or in relation to regulations under that Act remains outstanding.

(4)If—

(a)the Council and the owners of all or any of the lots in a staged subdivision within the meaning of section 37(1) have entered into an agreement under Division 2 of Part 9 of the Planning and Environment Act 1987, whether or not any other people are also parties to that agreement; and

(b)the Council is satisfied that the owners of any of the lots in a stage who entered into the agreement—

(i)have paid all money then due by them under the agreement; and

(ii)have met all other obligations then imposed under the agreement; and

(c)the Council is satisfied that, under the agreement, they have no further liability to pay money and no further obligations—

the Council may, in the statement of compliance, provide that the agreement no longer applies to specified land in that stage.

(4A)In subsection (4), stage means—

(a)for a staged subdivision using the procedure under section 37, a stage provided for in that section; or

(b)for a subdivision of land in stages not using that procedure, the land in a plan of subdivision that, in accordance with the authorising planning scheme or permit, forms one of those stages.

(5)If the statement of compliance contains a provision mentioned in subsection (4) and the agreement relates only to the land covered by that provision, then for all purposes the agreement ends on the date of issue of the statement of compliance.

(6)If a statement of compliance contains a provision mentioned in subsection (4) and the provision does not cover all the land covered by the agreement, the agreement must for all purposes be taken to have been amended, in accordance with that provision, on the date of issue of the statement of compliance.

(7)Land which was subject to a charge under section 175(4) of the Planning and Environment Act 1987 and to which, because of a provision in the statement of compliance, the agreement no longer applies, ceases to be subject to the charge on the date of issue of the statement.

(8)Sections 179 to 183 (except sections 181(1) and 182A) of the Planning and Environment Act 1987 apply to the ending or amending of an agreement under this section.

(8A)Section 181(1) of the Planning and Environment Act 1987 applies to the ending or amending of an agreement under this section as if for the expression "must apply to the Registrar of Titles, without delay," there were substituted the expression "may apply to the Registrar of Titles".

(9)A Council, within 7 days after issuing a statement of compliance under this section for a plan of subdivision relating to land in respect of which there is a GAIC recording (within the meaning of Part 9B of the Planning and Environment Act 1987), must give a notice to the Commissioner of State Revenue referred to in section 62 of the Taxation Administration Act 1997 that the statement has been issued and a copy of the statement unless—

(a)the issue of the statement of compliance is an excluded event (within the meaning of section 201RB of the Planning and Environment Act 1987); or

(b)any one of the circumstances described in section 201SA of the Planning and Environment Act 1987 applies to the land.

(10)A Council, within 7 days after issuing a statement of compliance under this section for 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), must give the Secretary to the Department of Environment, Land, Water and Planning—

(a)written notice that the statement has been issued; and

(b)a copy of the statement; and

(c)a copy of that plan of subdivision.

21AEnforcement of agreements

(1)Subject to this section, Division 2 of Part 9 of the Planning and Environment Act 1987 applies to an agreement under section 21(1)(b)(ii) as if a relevant authority within the meaning of section 17(6), a referral authority or the Council (as the case requires) were the responsible authority.

(2)An agreement under section 21(1)(b)(ii) does not have to be under seal.

(2A)If an agreement referred to in subsection (2) is under seal—

(a)section 182A of the Planning and Environment Act 1987 does not apply to it; and

(b)section 181(1) of the Planning and Environment Act 1987 applies to it as if for the expression "must apply to the Registrar of Titles, without delay," there were substituted the expression "may apply to the Registrar of Titles".

(3)If an agreement referred to in subsection (2) is not under seal, sections 174(1), 179 and 181 to 183 of the Planning and Environment Act 1987 do not apply to it.

(4)In this section and in section 21(1)(b)(ii) agreement includes an arrangement or understanding, whether written, oral or by conduct.

PART 4—REGISTRATION OF CERTIFIED PLANS

22When can the Registrar register a plan?

(1)The Registrar may register a plan if—

(a)it appears to the Registrar that the plan has been certified by the Council and the certification remains valid; and

(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

(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

(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

(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

(e)the land is under the Transfer of Land Act 1958 except for a plan referred to in section 35; and

(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

(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.

(1A)For the purposes of subsection (1)(c), (d) and (da) the following are listed persons—

(a)a registered mortgagee, registered lessee or registered sub-lessee;

(b)the registered annuitant;

(c)a caveator claiming an interest in the freehold estate, whose caveat is recorded in the Register;

(d)a person whose mortgage, annuity, caveat, lease or sub-lease was lodged before the lodging of the plan.

(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.

(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.

(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.

(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).

(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.

(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.

(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.

(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.

(1F)On the application, the Supreme Court, if satisfied that the refusal of consent was unreasonable, may make the order sought.

(2)If the Registrar is satisfied that a certified plan requires corrections before it can be registered, the Registrar may—

(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

(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.

22ARegistrar may require documents and information

(1)The Registrar, for the purposes of this Act or any other Act, may require any person to—

(a)submit any certificate of title, instrument, administrative notice or other document; or

(b)give any information; or

(c)comply with any requisition relating to any land.

(2)If the Registrar considers it necessary or appropriate to do so, the Registrar, by notice in writing to any person who has or may have the custody or control of any certificate of title, may require the person to bring the certificate of title into the Office of Titles within a period specified in the notice, being not less than 30 days from the date the notice bears, to be destroyed, inspected or otherwise dealt with, as the case requires.

(3)Despite anything in this Act or any other Act, the Registrar, at the Registrar's discretion, may dispense with the submission of any certificate of title or any instrument or document or any signature or the supply of any information or any advertisement or notice.

(4)The Registrar, for the purposes of this Act or any other Act, may require any person to verify any matter by statutory declaration.

(5)The Registrar, for the purposes of this Act or any other Act, may require a person to provide a certification in accordance with section 106A of the Transfer of Land Act 1958 in place of evidence.

22BRegistrar to refuse registration if documents or evidence not supplied

If the Registrar is of the opinion that the submission of any document, a response to any requisition or the giving of any information, evidence or notice or the doing of any act is necessary or desirable, then, if the document, information, evidence or notice is not supplied or given or the act is not done within such time as the Registrar allows—

(a)the Registrar may refuse to accept, complete or proceed with any application, registration, dealing or matter whatsoever or to do any act or make any entry or memorandum; and

(b)the Registrar may return all or any of the instruments and documents lodged in connection with the matter that the Registrar thinks fit; and

(c)the fees paid in respect of the matter are forfeited.

23What if a planning scheme directs the creation, removal or variation of rights?

(1)If a planning scheme or permit regulates or authorises the creation, removal or variation of an easement or restriction, the owner of the land burdened or to be burdened by the easement or restriction must, in accordance with the planning scheme or permit and with the Planning and Environment Act 1987, lodge a certified plan at the Office of Titles for registration.

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.

2Act 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

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.

3Folios 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).

4Administrators

(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.

5Boundaries

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.

6Effect 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.

7Updating 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.

8Accessory 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.

9Amendment 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.

10Additional 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.

11Enforcement of schemes of development

(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.

12Stage 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.

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See 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
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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
CurrentState:	All of Act in operation

Subdivision (Amendment) Act 1989, No. 47/1989

Assent Date:	6.6.89
Commencement Date:	6.6.89
CurrentState:	All of Act in operation

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
CurrentState:	All of Act in operation

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
CurrentState:	All of Act in operation

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
CurrentState:	All of Act in operation

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
CurrentState:	All of Act in operation

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)
CurrentState:	All of Act in operation

Land (Further Amendment) Act 1993, No. 79/1993

Assent Date:	3.11.93
Commencement Date:	3.11.93
CurrentState:	All of Act in operation

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
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

Subdivision (Further Amendment) Act 1994, No. 34/1994

Assent Date:	31.5.94
Commencement Date:	31.5.94
CurrentState:	All of Act in operation

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)
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

Owners Corporations Act 2006, No. 69/2006

Assent Date:	19.9.06
Commencement Date:	Ss 206–216 on 31.12.07: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
CurrentState:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
Current State:	This information relates only to the provision/s amending the Subdivision Act 1988

Rural Assistance Schemes Act 2016, No. 39/2016

Assent Date:	28.6.16
Commencement Date:	S. 33 on 30.6.16: s. 2
Current State:	This information relates only to the provision/s amending the Subdivision Act 1988

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
Current State:	This information relates only to the provision/s amending the Subdivision Act 1988

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
Current State:	This information relates only to the provision/s amending the Subdivision Act 1988

Land Legislation Amendment Act 2017, No. 42/2017

Assent Date:	19.9.17
Commencement Date:	Ss 47−68 on 20.9.17: s. 2
Current State:	This information relates only to the provision/s amending the Subdivision Act 1988

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
Current State:	This information relates only to the provision/s amending the Subdivision Act 1988

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
Current State:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
Current State:	This information relates only to the provision/s amending the Subdivision Act 1988

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
Current State:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
Current State:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
Current State:	This information relates only to the provision/s amending the Subdivision Act 1988

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
Current State:	This information relates only to the provision/s amending the Subdivision Act 1988

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)
Current State:	This information relates only to the provision/s amending the Subdivision Act 1988

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3   Explanatory details

No entries at date of publication.