Victorian Current Acts Victorian Current Acts(1) If the Registrar is satisfied that every person served under section 98CB(2)(a) has consented in writing to the application the Registrar may—
(a) cancel the plan of building subdivision; and
(b) register the plan of subdivision under the Subdivision Act 1988 ; and
S. 98CC(1)(c) amended by No. 48/1991 s. 49(2), substituted by No. 48/1991 s. 50(d).
(c) delete all relevant folios of the Register for the land in the building subdivision and create folios of the Register for each lot and (if appropriate) the common property; and
S.
98CC
(1)(d) amended by Nos 84/1996 s. 467(Sch. 6 item 13.2), 74/2000
s. 3(Sch. 1 item 127), 44/2001 s. 3(Sch. item 113),
substituted by No. 80/2009 s. 53(1), amended by No. 9/2013
s. 42(Sch. 2 item 17).
(d) where a service company operated in relation to the building subdivision and the service company was registered under the Co‑operatives National Law (Victoria), serve a notice in the form prescribed by the regulations on the Registrar of Co‑operatives; and
(e) do any other act, matter or thing as may be necessary to give effect to the conversion.
(2) The Registrar must not register the plan of subdivision unless—
S. 98CC(2)(a) substituted by No. 48/1991 s. 50(e), amended by No. 80/2009 s. 53(2).
(a) there has been delivered to the Registrar the certificate of title for each folio of the Register for every part of the land comprised in the building subdivision; and
(b) the Registrar has reasonable grounds for believing that any service company which operates in relation to the building subdivision is not the proprietor of any real estate or chattel real other than the residual land in the building subdivision and that there is no subsisting security over the residual land.
S. 98CC(3) amended by No. 48/1991 s. 50(f).
(3) The Registrar may dispense with the delivery of any document referred to in subsection (2)(a) or may be directed to dispense with the delivery of any document referred to in subsection (2)(a) under section 98CE.
S. 98CD inserted by No. 53/1988 s. 45(Sch. 2 item 109).