(1) In this section and in section 6(2)(g) "restriction" has the same meaning as in the Subdivision Act 1988 .
(2) Subject to subsection (3), a planning scheme may require a permit to be obtained before a person proceeds under section 23, 24A or 36 of the Subdivision Act 1988 .
(3) A planning scheme must not—
(a) prohibit or restrict—
(i) the creation, variation or removal of easements or restrictions by agreement, prescription, abandonment, or otherwise by operation of law; or
(ii) the creation, variation or removal of easements or restrictions by or under an Act other than the Subdivision Act 1988 ; or
(iii) a person from proceeding under the Subdivision Act 1988 in relation to the creation, variation or removal of an easement or restriction referred to in subparagraph (i) or (ii); or
(b) regulate or provide for—
S. 6A(3)(b)(i) amended by Nos 93/1995
s. 218(1)
(Sch. 2 item 7.1), 7/2017 s. 305(1).
(i) the variation or removal of a covenant under Part 7 of the Heritage Act 2017 or section 3A of the Victorian Conservation Trust Act 1972 ; or
(ii) the variation or removal of an easement required to be created in favour of a public authority, Council, Minister or other person under an Act other than the Subdivision Act 1988 , without the consent of that person; or
(c) allow a person to proceed under section 23 of the Subdivision Act 1988 to create, vary or remove an easement or restriction over land that the person does not own.
(4) A provision included in a planning scheme under section 6(2)(ga) is in addition to section 362A of the Land Act 1958 , and a person may choose whether to proceed under that section or the provision of the planning scheme.
S. 6B inserted by No. 12/2021 s. 4.