Victorian Current Acts

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SUBDIVISION ACT 1988 - SECT 21A

Enforcement 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.

S. 21A(2) inserted by No. 48/1991 s. 19(b).

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

S. 21A(2A) inserted by No. 3/2013 s. 91.

    (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".

S. 21A(3) inserted by No. 48/1991 s. 19(b).

    (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.

S. 21A(4) inserted by No. 48/1991 s. 19(b).

    (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



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