Victorian Current Acts

SUBDIVISION ACT 1988

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      What are the purposes of this Act?  
   2.      When does this Act commence?  
   3.      Definitions  
   4.      What does this Act apply to?  
   5.      The procedure for certification and registration of plans  

   PART 2--CERTIFICATION OF PLANS

   6.      What must the Council do?  
   7.      How long does certification last?  
   7A.     Notifications following certifications in relation to land in respect of which there is a levy recording  
   8.      When must the Council refer a plan to a referral authority?  
   9.      What must a referral authority do?  
   10.     Council may require alterations  
   11.     Council may consent to the amendment of a certified plan  
   11A.    Council and referral authority may ask for information  
   11B.    Amendment to plan sealed by council  
   12.     Plan must show easements and other rights  
   13.     Certification evidence of compliance with Act  

   PART 3--STATUTORY REQUIREMENTS FOR PLANS

   14.     Application of Part  
   15.     Council or referral authority may require an engineering plan for works  
   16.     Works must comply with standards  
   17.     Construction and maintenance of works  
   18.     Council may require public open space  
   18A.    Requirement for public open space in planning scheme  
   19.     Valuation of land for public open space  
   20.     What must the Council do with public open space?  
   20A.    Land to be marked out  
   21.     Statement of compliance with statutory requirements  
   21A.    Enforcement of agreements  

   PART 4--REGISTRATION OF CERTIFIED PLANS

   22.     When can the Registrar register a plan?  
   22A.    Registrar may require documents and information  
   22B.    Registrar to refuse registration if documents or evidence not supplied  
   23.     What if a planning scheme directs the creation, removal or variation of rights?  
   24.     What is the effect of registration?  
   24A.    Reserves and other similar land  
   25.     Notification of Councils and referral authorities  
   26.     Boundary plans  

   PART 5--SUBDIVISIONS WITH OWNERS CORPORATIONS

           Division 1--Creation of owners corporation

   27.     How is an owners corporation created?  
   27A.    If there is common property an owners corporation must be created  
   27B.    Purposes of an unlimited owners corporation  
   27C.    Limited owners corporations  
   27D.    Restriction on creation of owners corporations  
   27E.    Creation of rules  
   27EA.    Initial owner to engage surveyor  
   27F.    Plan must specify lot entitlement and lot liability  
   27G.    Plan may specify limitations  
   27H.    Registrar to record information  
   28.     Creation of owners corporation  
   29.     Owners corporation excluded from Corporations legislation  

           Division 2--Common property

   30.     Vesting of common property  
   31.     Registrar must create folio of Register for common property  
   31A.    Dealings in common property  

           Division 3--Alteration of a subdivision

   32.     Powers to alter subdivision  
   32AA.   Powers do not apply to certain changes relating to common property  
   32AB.   No power to compulsorily acquire  
   32AC.   Creation of roads and reserves  
   32AD.   Registration of plan  
   32AE.   Lot liability and lot entitlement  
   32AF.   Land to which powers may apply  
   32AG.   Dissolution of owners corporation  
   32AH.   Merger of owners corporations  
   32AI.   Consolidation, subdivision or alteration  
   32AJ.   Restriction on alteration to plan  
   32AK.   Identity of owners corporation not affected by alteration of plan  
   32AL.   Registration of plan of consolidation  

           Division 4--General provisions relating to plans

   32A.    Total consolidation or re-subdivision  
   32B.    New plan may create owners corporation  
   33.     How can lot entitlement and liability be altered?  
   34.     Recording of changes to a plan  

           Division 5--Disputes and other proceedings relating to owners corporations

   34A.    Disputes relating to owners corporations—general  
   34B.    Disputes about easements  
   34C.    VCAT may refer matter to County Court  
   34D.    Applications relating to plans  
   34E.    Application for order requiring owners corporation to comply  
   34F.    Order to Registrar  

           Division 6--Winding up of owners corporation

   34G.    Winding up of an owners corporation  
   34H.    Cancellation or amendment of plan on winding up  

   PART 6--MISCELLANEOUS

   35.     Acquisition of land by acquiring authority  
   36.     Power of owner to acquire or remove easements  
   37.     Staged subdivision  
   38.     Amendment to accessory lot on plan  
   38A.    Amendment to restricted lot on plan  
   38B.    Application by owners corporation for amendment to scheme of development for cluster subdivision  
   38C.    Application by lot owner for amendment to scheme of development for cluster subdivision  
   38D.    Power of Registrar to deal with applications under section 38B or 38C  
   38E.    Consent for amendment to plan  
   38F.    Proceedings for further stages of development of land in plan of cluster subdivision  
   39.     General disputes arising under this Act  
   40.     Review of refusal or failure to decide  
   41.     Application for declaration  
   41A.    Parties not restricted to grounds previously notified  
   41B.    Matters Tribunal must take into account  
   42.     Delegation by the Minister  
   42A.    Registrar may approve forms  
   43.     Regulations  
   44A.     References  
   46.     Strata and cluster plans  
   46A.    Expiry of registered plan  
   47.     Transitional—Owners Corporations Act 2006  
           --Divisions 1 and 2 of Part 5

           Division 6--of Part 5

           Division 3--of Part 5

           Division 4--of Part 5

   48.     Continuation of proceedings  
   49.     Transitional—Victorian Planning Authority Act 2017  
           SCHEDULE 2
           ENDNOTES