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Bill homepage (legislation.vic.gov.au)It is proposed to redevelop land at Southgate on the south bank of the Yarra river for residential and commercial purposes and, to assist the redevelopment, it is necessary to make special provision for the subdivision of the area to be redeveloped, and the integrated management of that area and land in its vicinity, and to modify the application in the Southgate project area of certain laws relating to building and planning:
The Parliament of Victoria enacts as follows:
The main purpose of this Act is to facilitate the Southgate project by making special provision for—
the subdivision of the project land;
the integrated management, by agreement, of the project land and land in its vicinity;
the modified application to the project land of planning and building controls.
This Act comes into operation on the day on which it receives the Royal Assent.
In this Act—
adjoining area means the area bordered red on Plan LEGL/94-7 lodged at the Central Plan Office (excluding the project land) or, if that area is varied under section 4, that area as varied for the time being;
boundary adjustment plan means a plan to which section 11 applies;
Central Plan Office means the Central Plan Office under the Survey Co-ordination Act 1958;
S. 3(1) def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 95).
Council means the Melbourne City Council under the City of Melbourne Act 2001;
first subdivision means the first subdivision of the project land after the commencement of this Act;
internal boundary means a boundary of a road, reserve, lot or common property on a plan under the Subdivision Act 1988 of any of the project land other than a common boundary of that road, reserve, lot or common property and land outside the subdivision;
listed purpose means—
the purpose of access to, or use or maintenance of, services or facilities for common use by the owners of the project land; or
the purpose of car parking; or
the purpose of storage; or
the purpose of the placement of equipment; or
a purpose listed under section 5;
management statement means a management statement under Part 3;
S. 3 def. of owner amended by Nos 54/2001 s. 43, 6/2010 s. 203(1) (Sch. 6 item 44) (as amended by No. 45/2010 s. 22).
owner includes—
for Crown land that is a road within the meaning of the Road Management Act 2004, Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010;
for Crown land under the management or control of a Minister (other than the Minister administering the Crown Land (Reserves) Act 1978) or public authority, that Minister or public authority;
for other Crown land, whether reserved or not, the Minister administering the Crown Land (Reserves) Act 1978;
for land under the Transfer of Land Act 1958, the registered proprietor of an estate in fee simple in the land or a person who is empowered by or under an Act to execute a transfer of the land;
project land means the land shown as Parcels A and B on the plan in the Schedule;
service includes service for—
water, sewerage or drainage; or
gas, electricity or oil; or
air conditioning; or
the storage or disposal of trade waste or garbage; or
ventilation or air extraction; or
telecommunications or data transmission, including television and telephone.
The Minister may recommend to the Governor in Council that land be removed from the adjoining area if satisfied that—
there is no need for the integrated management of that land and the project land; and
there is no management statement for the time being applying to that land; and
there is no easement or restrictive covenant, created in accordance with Part 2, that benefits or burdens the land.
The Minister may recommend to the Governor in Council that land (including Crown land) in the vicinity of the adjoining area be added to that area if satisfied that, for the purposes of this Act, it is desirable that there should be integrated management of that land and the project land.
On the Minister's recommendation under subsection (1) or (2) the Governor in Council, by Order published in the Government Gazette, may remove land from or add land to the adjoining area.
Without limiting what an Order may specify, an Order under this section may specify land by reference to a plan of survey.
An Order under subsection (3)—
may revoke and consolidate previous Orders; and
may substitute a plan for Plan LEGL/94-7 or for the plans in previous Orders.
The Minister may recommend to the Governor in Council that a purpose be listed under subsection (2) if satisfied that the purpose is for the benefit of the whole or any part of the project land or land in the adjoining area.
On the Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may list a purpose for which an easement or restrictive covenant may be created to benefit or burden all or any part of the project land or land in the adjoining area.
A purpose may be recommended for listing or listed under this section even though, apart from this Act, it is not a purpose for which an easement or restrictive covenant may be created.
This Act binds the Crown in right of the state of Victoria and, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
This Act must be read as one with the Subdivision Act 1988 and the Transfer of Land Act 1958.
If a provision of this Act is inconsistent with a provision of the Subdivision Act 1988 or the Transfer of Land Act 1958, the provision of this Act prevails.
Section 5(3)(d) and Part 3 of the Subdivision Act 1988 do not apply to the plan for the first subdivision.
Section 22(1) of the Subdivision Act 1988 applies to the plan for the first subdivision as if for paragraph (b) there were substituted—
"(b) the applicant provides a statement that the plan is a plan of the first subdivision (within the meaning of the Southgate Project Act 1994) and is exempt from Part 3;".
Consent to registration of the plan for the first subdivision is not required from any of the following persons with an interest in or encumbrance over any of the land in the plan—
a registered lessee, registered sub-lessee or registered annuitant;
a caveator whose caveat is recorded in the Register and who claims an interest in the land otherwise than under a mortgage, charge or other document intended to create a security for the payment of money.
Section 22(1A) of the Subdivision Act 1988 applies to the plan for the first subdivision as if—
for paragraph (a) there were substituted—
"(a) a registered mortgagee;";
in paragraph (c) after "register" there were inserted "and claims an interest under a mortgage, charge or other document intended to create a security for the payment of money";
paragraphs (b) and (d) were omitted.
A Council must not refuse to certify a plan under the Subdivision Act 1988 of any of the project land only because it shows an internal boundary by dimensions instead of by reference to a part of a building.
Subsection (1) applies despite anything to the contrary in section 6 of the Subdivision Act 1988 or in any planning scheme or permit under the Planning and Environment Act 1987.
A boundary adjustment plan is a plan of resubdivision of any land on a registered plan for the whole or any part of the project land in respect of which the Council is satisfied, and states in the certification of the plan, that the sole purpose of the plan is—
to correct a minor error in the description or position of an internal boundary; or
to make a minor change to an internal boundary, to rationalise that boundary; or
to make a minor change to an internal boundary by showing it by reference to a part of a building instead of by dimensions.
A statement in accordance with subsection (1) is conclusive evidence that the Council is satisfied about the matters referred to in that statement.
Sections 5(3)(d), 6(1)(c) (d) and (f), 8, 9 and 10 and Part 3 of the Subdivision Act 1988 do not apply to a boundary adjustment plan.
Section 22(1) of the Subdivision Act 1988 applies to a boundary adjustment plan as if—
for paragraph (b) there were substituted—
"(b) the certification of the plan includes a statement referred to in section 11(1) of the Southgate Project Act 1994;";
in paragraph (da) for "the land on the plan" there were substituted "land that the plan states, is removed from a road, reserve, lot or common property because of a boundary adjustment made by the plan".
Without limiting section 24 of the Subdivision Act 1988, on the registration of a boundary adjustment plan land which, because of a boundary adjustment made by the plan, is removed from a road, reserve, lot or common property and added to another road, reserve, lot or to common property—
if it is added to a lot, vests in fee simple in the owner of the lot to which it is added and, if that lot is not in common ownership so vests in the owner of the land in the lot adjoining the land so added; and
S. 11(5)(b) amended by No. 69/2006 s. 224(Sch. 3 item 8.1).
if it is added to common property, vests in fee simple in the owners of the lots affected by the owners corporation having the common property in accordance with their lot entitlements; and
if it is added to a reserve, vests in fee simple in the body in which the reserve is vested; and
if it is added to a road, vests in fee simple in the Council or other person or body in which the road is vested; and
is freed and discharged from any estate, interest or encumbrance (other than an easement) applying to the road, reserve, lot or common property from which it was removed; and
is deemed to be included in any mortgage, charge, lease, sub-lease or restrictive covenant relating to the whole of the land comprised in the lot or common property to which it is added immediately before the plan was registered.
No stamp duty is payable on the vesting of land under subsection (5).
The Registrar may make any amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of subsection (5) and for that purpose—
may dispense with the production of any relevant certificate of title or other instrument; and
does not have to give notice to or obtain the consent of any person.
This section does not limit section 9 or any provision of the Subdivision Act 1988 relating to the amendment of registered plans or the creation of folios of the Register.
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