Victorian Current Acts

SUBDIVISION ACT 1988 - SECT 24A

    (1)     If required or authorised to do so by the planning scheme or a permit, a person or body listed in column 1 of the Table may lodge at the Titles Office for registration a certified plan to do any of the things listed in relation to that person or body in column 2 of the Table in relation to the whole or any part of land referred to in that part of the column.

S. 24A(1) (Table) amended by No. 57/1993 s. 12(2).

TABLE

Column 1 Person or body	Column 2 Action
A Council	Vest in itself land shown or set aside as a reserve on a registered but not certified plan.
A Council	Vest in itself land on a registered but not certified plan that is not shown or set aside as a lot, common property, road or reserve.
The person or body in whom or in which the land is vested	Remove a reservation from land shown or set aside as a reserve on a registered but not certified plan or shown on a plan prepared under this section.
The person or body in whom or in which the land is vested	Remove a reservation from land set aside as a reserve on a certified and registered plan.
The person or body in whom or in which the land is vested	Remove any restriction on the use of land vested under section 18 of the Cluster Titles Act 1974 .

S. 24A(1A) inserted by No. 57/1993 s. 12(3).

    (1A)     A plan referred to in subsection (1) may do anything else that can be done by a plan under this Act.

S. 24A(1AB) inserted by No. 42/2017 s. 56.

    (1AB)     A plan under this Act may do any of the things a plan referred to in subsection (1) can do.

S. 24A(2) amended by No. 57/1993 s. 12(4).

    (2)     In addition to the requirements of this Act about the certification of plans, the Council may certify a plan removing a reservation or restriction prepared under subsection (1) if the applicant satisfies it that the land in the plan need no longer be used for the purpose for which it is currently reserved or used.

    (3)     In addition to section 24, on the registration of a plan prepared under this section—

        (a)     the land in the plan vests; or

        (b)     any reservation or restriction referred to in the Table in subsection (1) is removed from the land in the plan—

as is specified in the plan.

    (4)     On the registration of a plan vesting land in a body, the land is freed and discharged from any mortgage, charge, lease or sub-lease.

    (5)     On the registration of a plan removing a reservation or restriction referred to in the Table in subsection (1) over land, the land becomes a lot.

    (6)     The Registrar may register a plan under this section without delivery of any relevant certificate of title.

    (7)     On the registration of the plan the body in which the land is vested may—

        (a)     subject to section 20 or to any other Act under which the body is created, sell it; or

        (b)     use it for any purpose consistent with any Act under which it operates and with the planning scheme.

    (8)     If a body sells land under this section that was public open space, it must apply the proceeds—

        (a)     first, in paying the expenses of or incidental to the sale;

S. 24A(8)(b) substituted by No. 42/2017 s. 57.

        (b)     secondly, for any of the following recreational or cultural purposes—

              (i)     halls and public buildings;

              (ii)     sport, recreation, leisure and arts;

              (iii)     parks, gardens and reserves;

              (iv)     libraries and museums;

              (v)     historic buildings and places;

              (vi)     public entertainment.