Victorian Numbered Acts

LAND LEGISLATION AMENDMENT ACT 2017 (NO. 42 OF 2017) - SECT 62

After section 37 of the Subdivision Act 1988 insert —

        "     38     Amendment to accessory lot on plan

    (1)     With the written consent of the Council, the owner of an accessory lot on a plan of strata subdivision or of an accessory lot on a plan of cluster subdivision may apply in the form approved by the Registrar to have the plan amended so that the lot is no longer shown as an accessory lot.

    (2)     The Registrar may amend the plan in accordance with an application.

    (3)     On the amendment of the plan, the lot ceases to be an accessory lot and becomes a lot for the purposes of this Act.

    (4)     The Registrar may make any amendments to the Register that are necessary because of the operation of this section.

        38A     Amendment to restricted lot on plan

    (1)     With the written consent of the Council, the owner of a restricted lot on a plan of strata subdivision or a restricted lot on a plan of cluster subdivision may apply in the form approved by the Registrar to remove the restriction.

    (2)     The Registrar may amend the plan in accordance with the application.

    (3)     On the amendment of the plan the notice ceases to apply to that lot.

        38B     Application by owners corporation for amendment to scheme of development for cluster subdivision

With the written consent of the Council, an owners corporation may apply in the form approved by the Registrar to the Registrar to cancel or alter a scheme of development accompanying a plan of cluster subdivision.

        38C     Application by lot owner for amendment to scheme of development for cluster subdivision

With the written consent of the Council, the owner of a lot on a plan of cluster subdivision may apply in the form approved by the Registrar to the Registrar to cancel or alter the scheme of development accompanying the plan so far as it affects that lot.

        38D     Power of Registrar to deal with applications under section 38B or 38C

    (1)     The Registrar may cancel or alter the scheme of development in accordance with the application under section 38B or 38C.

    (2)     If cancelled, the scheme of development ceases to have effect.

    (3)     If altered, the scheme of development has effect as altered by the Registrar.

        38E     Consent for amendment to plan

On an application under section 38, 38A, 38B or 38C, the consent of any person who has an estate, interest or claim in the land is not required.

        38F     Proceedings for further stages of development of land in plan of cluster subdivision

If a plan of cluster subdivision for the development of land in stages has been registered—

        (a)     before the commencement of section 44(5E) of the Subdivision Act   1988 as in force immediately before the commencement of the Land   Legislation Amendment Act 2017 ; or

        (b)     on or after the commencement of section 44(5E) of the Subdivision Act 1988 as in force immediately before the commencement of the Land Legislation Amendment Act 2017 , under the provisions applied by section 44(3B) of the Subdivision Act 1988 as in force immediately before the commencement of the Land Legislation Amendment Act 2017 —

proceedings may be taken in relation to any further stage in the development or to have a plan substituted as if the Subdivision Act 1988 (except for sections 44(2) to  44(11)) as in force immediately before the commencement of the Land Legislation Amendment Act 2017 had not commenced, and Part IV of the Cluster Titles Act 1974 and any regulations made under that Act for the purposes of that Part continue, subject to Schedule 2, to apply to that staged development.".