Victorian Current Acts

TRANSFER OF LAND ACT 1958 - SECT 98CB

    (1)     If the Registrar is satisfied that—

        (a)     the boundaries of the allotments on the plan of building subdivision other than those determined by levels substantially agree with the corresponding boundaries of the lots on the plan of subdivision; and

        (b)     the plan of subdivision is suitable for registration under the Subdivision Act 1988 —

the Registrar must comply with subsection (2).

S. 98CB(1A) inserted by No. 48/1991 s. 49(1).

    (1A)     If a plan of subdivision adopts the interior face of a wall, ceiling or floor of a part of a building as a boundary of a lot on a plan of subdivision, the Registrar may accept that boundary as substantially or, where necessary, exactly agreeing with the corresponding boundary of an allotment on the plan of building subdivision for the purposes of subsection (1).

    (2)     The Registrar must—

S. 98CB(2)(a) amended by Nos 48/1991 s. 50(c), 6/2008 s. 38(3)(a).

        (a)     serve a copy of the application, the plan of building subdivision, the plan of subdivision and the owners corporation documents on each person appearing from the Register or from any instrument or application lodged in the Office of Titles as at the time of the lodging of the application to have or to claim to have an interest in any part of the land in the building subdivision; and

        (b)     require each person served under paragraph (a) to notify the Registrar in writing whether that person consents to the granting of the application; and

S. 98CB(2)(c) amended by Nos 84/1996 s. 467(Sch.  6 item 13.1), 44/2001 s. 3(Sch. item 113), substituted by No. 80/2009 s. 52, amended by No. 9/2013 s. 42(Sch. 2 item 17).

        (c)     if there is a service company and the service company was registered under the Co‑operatives National Law (Victoria), serve a notice in the prescribed form on the Registrar of Co‑operatives.

    (3)     Subsection (2)(a) does not apply to—

        (a)     the applicant; or

        (b)     any person who has consented in writing to the application; or

S. 98CB(3)(c) amended by No. 48/1991 s. 50(c).

        (c)     any person who since the application was lodged has ceased to appear from the Register or from any instrument or application lodged in the Office of Titles to have or to claim to have an interest in any part of the land in the building subdivision.

S. 98CB(4) amended by No. 6/2008 s. 38(3)(b).

    (4)     The Registrar may with the consent of the parties who have consented to the application under section 98CA(2)(d) amend the application and the plan of subdivision and owners corporation documents before complying with this section.

S. 98CC inserted by No. 53/1988 s. 45(Sch. 2 item 109).