The purposes of this Act are to—
S. 1(a) amended by No. 47/1989 s. 5(1).
set out the procedure for the subdivision and consolidation of land, including buildings and airspace, and for the creation, variation or removal of easements or restrictions; and
S. 1(b) amended by No. 42/2017 s. 47.
regulate the management of and dealings with common property and the constitution and operation of owners corporations.
This Act comes into operation on a day or days to be proclaimed.
S. 3 amended by No. 47/1989 s. 19(a).
In this Act—
S. 3(1) def. of acquire inserted by No. 47/1989 s. 4(1)(a).
acquire in relation to an acquiring authority, means acquire by agreement or by compulsory process;
acquiring authority means any person or body of persons authorised to acquire land compulsorily;
S. 3(1) def. of applicant substituted by No. 47/1989 s. 19(b).
applicant means—
a person who applies to the Council for certification of a plan; or
a person who applies to the Registrar to have a certified plan registered;
S. 3(1) def. of approved infrastructure contributions plan inserted by No. 7/2018 s. 16.
approved infrastructure contributions plan has the same meaning as in Part 3AB of the Planning and Environment Act 1987;
S. 3(1) def. of body corporate repealed by No. 69/2006 s. 206(1).
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S. 3(1) def. of building amended by No. 48/1991 s. 4(1)(a).
building includes—
a structure and part of a building or a structure; and
walls, out-buildings, service installations and other appurtenances of a building; and
a boat or a pontoon which is permanently moored or fixed to land;
certified plan means a plan certified by a Council for lodging in the Office of Titles for registration;
S. 3(1) def. of charge inserted by No. 48/1991 s. 4(1)(b).
charge includes—
a charge under section 74 of the Transfer of Land Act 1958; or
a charge on land created under an Act other than this Act or the Transfer of Land Act 1958;
S. 3(1) def. of collecting agency inserted by No. 7/2018 s. 16.
collecting agency has the same meaning as in Part 3AB of the Planning and Environment Act 1987;
Council means the Council of the municipal district in which the land in the plan is located;
S. 3(1) def. of development agency inserted by No. 7/2018 s. 16.
development agency has the same meaning as in Part 3AB of the Planning and Environment Act 1987;
S. 3(1) def. of encumbrance repealed by No. 47/1989 s. 5(2).
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S. 3(1) def. of GAIC recording inserted by No. 42/2017 s. 48(a).
GAIC recording has the same meaning as it has in Part 9B of the Planning and Environment Act 1987;
S. 3(1) def. of infrastructure contribution inserted by No. 7/2018 s. 16.
infrastructure contribution has the same meaning as in Part 3AB of the Planning and Environment Act 1987;
land includes buildings and airspace;
S. 3(1) def. of land affected by a body corporate repealed by No. 69/2006 s. 206(1).
* * * * *
S. 3(1) def. of land affected by an owners corporation inserted by No. 69/2006 s. 206(2).
land affected by an owners corporation means the lots the owners for the time being of which are the members of the owners corporation together with the common property for which the owners corporation is responsible;
S. 3(1) def. of limited body corporate inserted by No. 48/1991 s. 4(1)(c), repealed by No. 69/2006 s. 206(1).
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S. 3(1) def. of limited owners corporation inserted by No. 69/2006 s. 206(2), substituted by No. 42/2017 s. 48(b), amended by No. 4/2021 s. 92.
limited owners corporation means an owners corporation—
that is specified as limited; and
whose purpose is to manage the land affected by the owners corporation in accordance with specified limitations;
S. 3(1) def. of lot amended by Nos 47/1989 s. 18(1)(a), 48/1991 s. 4(1)(d).
lot means a part (consisting of one or more pieces) of any land (except a road, a reserve or common property) shown on a plan which can be disposed of separately and includes a lot or accessory lot on a registered plan of strata subdivision and a lot or accessory lot on a registered cluster plan;
S. 3(1) def. of lot affected by an owners corporation inserted by No. 69/2006 s. 206(2).
lot affected by an owners corporation means a lot the owner for the time being of which is a member of the owners corporation;
S. 3(1) def. of lot entitlement substituted by No. 48/1991 s. 4(1)(e), repealed by No. 69/2006 s. 206(1), new def. of lot entitlement inserted by No. 69/2006 s. 206(2).
lot entitlement in relation to a lot affected by an owners corporation, means a number specified in the plan as the lot entitlement for that lot, expressing the extent of the lot owner's interest in any common property affected by the owners corporation;
S. 3(1) def. of lot liability substituted by No. 48/1991 s. 4(1)(e), repealed by No. 69/2006 s. 206(1), new def. of lot liability inserted by 69/2006 s. 206(2).
lot liability in relation to a lot affected by an owners corporation, means a number specified in the plan as the lot liability for that lot, expressing the proportion of the administrative and general expenses of the owners corporation that the lot owner is obliged to pay;
S. 3(1) def. of master plan inserted by No. 48/1991 s. 4(1)(f), amended by No. 34/1994 s. 7(1), substituted by No. 80/2009 s. 95.
master plan in relation to a staged subdivision using the procedure under section 37—
means a plan of all the land in the subdivision at the time of registration of stage one of the plan; and
includes any amendments to the plan made under that section;
S. 3(1) def. of owner amended by No. 85/1998 s. 24(Sch. item 57.1 a)(b))
owner means—
for land under the Transfer of Land Act 1958 (other than land in an identified folio under that Act), the registered proprietor of the fee simple in the land, or a person who is empowered by or under an Act to execute a transfer of the land;
for land in an identified folio under the Transfer of Land Act 1958 or land not under the Transfer of Land Act 1958, a person who has an estate in fee simple in the land (except a mortgagee), or is empowered by or under an Act to convey an estate in fee simple in the land;
S. 3(1) def. of owners corporation inserted by No. 69/2006 s. 206(2).
owners corporation means a body corporate that is incorporated by registration of—
a plan of subdivision; or
a plan of strata subdivision; or
a plan of cluster subdivision;
S. 3(1) def. of plan amended by Nos 47/1989 s. 5(4)(a), 48/1991 s. 4(1)(g), 69/2006 s. 206(3).
plan means a plan under section 24A, 32B or 37 or Division 3 of Part 5 or a plan of—
subdivision; or
consolidation; or
creation, variation or removal of an easement or restriction;
permit means a permit under the Planning and Environment Act 1987;
plan of subdivision means a plan showing the subdivision of land;
planning scheme means a planning scheme under the Planning and Environment Act 1987;
S. 3(1) def. of public authority amended by No. 42/2017 s. 48(c).
public authority means a body established for a public purpose by or under any Act but does not include a Council;
S. 3(1) def. of public open space amended by No. 48/1991 s. 4(1)(h).
public open space means land set aside in a plan or land in a plan zoned or reserved under a planning scheme—
for public recreation or public resort; or
as parklands; or
for similar purposes;
S. 3(1) def. of public works inserted by No. 48/1991 s. 4(1)(i).
public works means—
the provision of roads, reserves, open spaces or services within a subdivision; or
fencing, landscaping, and road works outside the subdivision for roads, reserves or public open space related to the subdivision; or
works for sewerage, drainage, water supply, power, gas or telephone to connect the subdivision to the system serving properties outside it, excluding works to connect any particular property to the system for the subdivision; or
prescribed works;
referral authority means a person or body specified in the planning scheme as a referral authority to which an application for a permit or a plan must be referred, or which must be satisfied that things have been done;
S. 3(1) def. of Register inserted by No. 42/2017 s. 48(a).
Register has the same meaning as it has in the Transfer of Land Act 1958;
S. 3(1) def. of registered cluster plan inserted by No. 48/1991 s. 4(1)(j).
registered cluster plan means a plan of cluster subdivision registered under the Cluster Titles Act 1974 and, if that plan is amended, that plan as amended and in force for the time being;
S. 3(1) def. of registered plan of strata subdivision inserted by No. 48/1991 s. 4(1)(j).
registered plan of strata subdivision means a plan of strata subdivision registered under the Strata Titles Act 1967 and, if that plan is amended, that plan as amended and in force for the time being;
S. 3(1) def. of registered plan amended by No. 47/1989 s. 18(1)(b), substituted by No. 48/1991 s. 4(1)(k).
registered plan means—
a plan registered or approved by the Registrar under any Act, whether before or after the commencement of section 44; or
a map or plan deposited or lodged with the Registrar under section 97 of the Transfer of Land Act 1954 or a corresponding previous or subsequent enactment;
Registrar has the same meaning as it has in the Transfer of Land Act 1958;
reserve means land set aside as public open space, or for the use of a public authority or the Council;
S. 3(1) def. of residual land inserted by No. 48/1991 s. 4(1)(l).
residual land in relation to a staged subdivision, means—
land on the master plan that is not part of the first stage and is shown on the plan as another stage; or
land on a plan for the second or a subsequent stage that is not part of that stage and is shown on the plan as another stage;
responsible authority means a responsible authority under the Planning and Environment Act 1987;
S. 3(1) def. of restriction amended by No. 47/1989 s. 19(c).
restriction means a restrictive covenant or a restriction which can be registered, or recorded in the Register under the Transfer of Land Act 1958;
S. 3(1) def. of site value substituted by No. 42/2017 s. 48(d).
site value has the same meaning as it has in the Valuation of Land Act 1960;
subdivision means the division of land into two or more parts which can be disposed of separately;
S. 3(1) def. of terms contract inserted by No. 48/1991 s. 4(1)(m).
terms contract has the same meaning as in the Sale of Land Act 1962;
S. 3(1) def. of unlimited body corporate inserted by No. 48/1991 s. 4(1)(m), repealed by No. 69/2006 s. 206(1).
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S. 3(1) def. of unlimited owners corporation inserted by No. 69/2006 s. 206(2), substituted by No. 42/2017 s. 48(e).
unlimited owners corporation means an owners corporation—
that is specified as unlimited; and
whose purpose is to manage the land affected by the owners corporation (except the use of any common property affected by a limited owners corporation);
S. 3(1) def. of vesting date inserted by No. 47/1989 s. 4(1)(b).
vesting date means the date on which a notice of acquisition under the Land Acquisition and Compensation Act 1986 is published in the Government Gazette or, if land is acquired by agreement the date on which the land is registered in the name of the acquiring authority under the agreement;
works includes any changes to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil;
S. 3(2) inserted by No. 47/1989 s. 19(d).
Subject to the regulations, a plan may contain information in any form, including words and drawings.
S. 3(3) inserted by No. 48/1991 s. 4(2).
For the purposes of this Act, the creation, variation or removal of an easement or restriction must be taken to be authorised by a permit (whether granted before or after the commencement of this subsection) or a planning scheme if the permit or scheme (by condition or otherwise)—
in any way requires, directs or allows; or
in any other way provides for—
that creation, variation or removal.
S. 3(4) inserted by No. 57/1993 s. 4.
If a planning scheme or permit regulates or authorises the variation of an easement or restriction, that scheme or permit must be taken to include an authorisation to make the variation by removing the easement or restriction to be varied and creating a new easement or restriction in the varied form.
S. 3(5) inserted by No. 57/1993 s. 4.
Without limiting Part 2, a Council or referral authority may, under that Part, require a plan varying an easement or restriction to be altered so that it removes an existing easement or restriction and creates a new easement or restriction in accordance with the planning scheme or permit.
S. 3(6) inserted by No. 57/1993 s. 4.
Without limiting Part 4, the Registrar, under section 22, may require an applicant to amend, or may amend, a plan of variation of easement or restriction so that the plan removes an existing easement or restriction and creates a new easement or restriction in accordance with the planning scheme or permit.
S. 3(7) inserted by No. 57/1993 s. 4.
A plan amended in accordance with subsection (6) does not have to be recertified.
S. 3(8) inserted by No. 57/1993 s. 4.
If a planning scheme or permit authorising the variation of an easement under section 98 of the Transfer of Land Act 1958 does not specify the land benefited by the easement, the easement must be taken to benefit the whole of the land in the subdivision in respect of which it was created.
This Act applies to—
subdivision of land; and
consolidation of land; and
S. 4(1)(c) amended by No. 47/1989 ss 5(4)(b), 6(1)(a), substituted by No. 48/1991 s. 5(1)(a).
the creation, variation or removal of any easement or restriction—
as part of a plan of subdivision or consolidation; or
in accordance with a planning scheme or permit; or
in any other circumstances set out in section 6(1)(j) or (k); or
S. 4(1)(c)(iv) amended by Nos 57/1993 s. 15(2)(a), 69/2006 s. 207(a).
under Division 3 of Part 5 or section 36(2)(b); and
S. 4(1)(d) amended by No. 47/1989 s. 5(4)(b), substituted by No. 48/1991 s. 5(1)(a).
the creation of, or dealing with, common property; and
S. 4(1)(e) substituted by No. 69/2006 s. 207(b).
an owners corporation; and
S. 4(1)(f) inserted by No. 48/1991 s. 5(1)(b), substituted by No. 69/2006 s. 207(b).
plans under sections 24A, 32B and 37 and Division 3 of Part 5; and
S. 4(1)(g) inserted by No. 48/1991 s. 5(1)(b).
a subdivision brought about by disposition or acquisition of land in Victoria by—
the Crown in right of the State of Victoria; or
a body established under an Act.
Note to s. 4(1) inserted by No. 42/2017 s. 49(1).
Note
Section 97(1) and (2) of the Transfer of Land Act 1958 provides that this Act and the Transfer of Land Act 1958 are to be read together.
S. 4(1A) inserted by No. 48/1991 s. 5(2).
A person (including the Crown in any right and a body established under the law of Victoria, the Commonwealth or another State) to whom this Act would not otherwise apply may elect to proceed under this Act and the Transfer of Land Act 1958.
S. 4(1B) inserted by No. 48/1991 s. 5(2).
If a person other than an acquiring authority acquires land compulsorily or acquires by agreement land which it may acquire compulsorily and proceeds under this Act, this Act applies as if the person were an acquiring authority and as if this Act referred to the Act or law under which the person acquired the land and not to the Land Acquisition and Compensation Act 1986.
S. 4(1C) inserted by No. 57/1993 s. 15(2)(b).
A plan is not required under this Act to acquire an easement compulsorily under section 36.
S. 4(2) substituted by No. 47/1989 s. 19(e).
This Act does not apply to the disposition or acquisition of any land—
which can be lawfully dealt with under section 8A of the Sale of Land Act 1962 without being subdivided; or
if the land is disposed of or acquired by the Crown and, if it were disposed of or acquired by a private citizen, the land could lawfully be dealt with under section 8A of the Sale of Land Act 1962 without being subdivided.
This Act does not apply to the acquisition of any land through a vesting order under section 62 of the Transfer of Land Act 1958.
S. 4(3A) inserted by No. 57/1993 s. 5(1).
This Act does not apply to—
anything done under section 99 of the Transfer of Land Act 1958; or
anything done under section 100 or 101 of that Act in relation to an application under section 99; or
anything done under section 103(2) of that Act.
S. 4(4) amended by No. 47/1989 ss 5(4)(c), 6(1)(b)(i)(ii), substituted by Nos 48/1991 s. 5(3), 57/1993 s. 5(2).
This Act does not apply to—
the creation of a covenant, if an Act other than this Act or the Transfer of Land Act 1958 creates it or provides for its creation; or
the variation or removal of a covenant referred to in paragraph (a).
S. 4(4A) inserted by No. 47/1989 s. 5(3).
This Act does not apply to an encumbrance unless the encumbrance constitutes an easement or a restriction.
S. 4(5) repealed by No. 47/1989 s. 6(1)(c), new s. 4(5) inserted by No. 48/1991 s. 5(4).
This Act does not prevent a person from creating, varying or removing an easement or restriction by using a method or procedure other than provided by this Act.
Parts 2, 3 and 4 (except sections 24 and 25) do not apply to plans submitted under section 98CA or 98CF of the Transfer of Land Act 1958.
S. 4(7) amended by Nos 79/1993 s. 10, 74/2000 s. 3(Sch. 1 item 119).
This Act does not apply to subdivision by the Crown in order to issue a Crown grant under any Act.
S. 4(8) inserted by No. 47/1989 s. 19(f), substituted by No. 39/2016 s. 33, amended by No. 11/2024 s. 110.
This Act does not apply to a subdivision that occurs because of the creation of a folio of the Register under section 23(4C) of the Former SEC (Residual Provisions) Act 1958 as in force immediately before the commencement of section 14 of the State Electricity Commission Amendment Act 2024.
S. 4(9) inserted by No. 42/2017 s. 49(2).
This Act does not apply to anything done under section 526, 527, 528 or 569BA of the Local Government (Miscellaneous) Act 1958 as in force immediately before the repeal of those sections.
S. 5(1) amended by Nos 47/1989 ss 5(4)(d), 18(1)(c), 48/1991 s. 6.
Subject to sections 4 and 44, the subdivision or consolidation of land, or the creation, variation or removal of an easement or restriction, or the creation of common property, or any dealing with common property, must be done in accordance with this Act.
S. 5(2) substituted by No. 47/1989 s. 4(2)(a).
If there is a subdivision by acquisition by an acquiring authority—
if all the land on the plan to be acquired is to be acquired by compulsory process, the authority must under section 35 submit a plan for certification—
if the land vests in the authority on the same vesting date, as soon as possible after that vesting date; or
if the land vests in the authority on different vesting dates, not earlier than the first and not later than the last of those vesting dates to occur; and
if—
the land on the plan to be acquired includes land to be acquired by agreement whether or not after service of a notice of intention to acquire as well as land to be acquired by compulsory process; or
all the land on the plan to be acquired is to be acquired by agreement whether or not after service of a notice of intention to acquire—
the authority must under section 35 submit a plan for certification—
if the land vests in or is registered in the name of the authority on the same vesting date, not later than that vesting date; or
if the land vests in or is registered in the name of the authority on different vesting dates, not later than the first of those vesting dates to occur; and
the authority is not required to submit any other plan of the land except a plan under section 35.
A person who wishes to have a plan registered must—
prepare a plan in accordance with this Act and the regulations; and
if the land is not under the Transfer of Land Act 1958, bring the land under that Act; and
S. 5(3)(c) amended by No. 47/1989 s. 19(g).
submit the plan to the Council for certification together with an application in the prescribed form; and
obtain a statement of compliance from the Council; and
S. 5(3)(da) inserted by No. 1/2020 s. 142.
in the case of a plan of subdivision relating to land in respect of which there is a levy recording (within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020), obtain any of the following certificates under that Act—
a certificate of release in relation to the land to which the plan relates;
a certificate of staged payment approval which relates to the plan;
a certificate of partial release in relation to the land to which the plan relates;
a certificate of no liability in relation to the plan; and
S. 5(3)(e) amended by Nos 47/1989 s. 19(h), 47/2004 s. 72, substituted by No. 80/2009 s. 96.
lodge the certified plan at the Office of Titles for registration together with—
an application in the form approved by the Registrar; and
the statement of compliance obtained under paragraph (d); and
the prescribed information in respect of the street address and lot location of each lot on the plan; and
S. 5(3)(f) inserted by No. 47/2004 s. 72.
in addition to any other fee payable under this Act, pay to the Registrar the fee, if any, prescribed under the Survey Co-ordination Act 1958 for the maintenance of the survey control network.
The Council can accept and consider a plan submitted to it for certification even if a planning permit is required but has not been issued.
S. 5(4A) inserted by No. 57/1993 s. 6.
The Council can accept, consider and certify a plan submitted to it even if, to make a boundary of any land in the plan accord with the boundary shown in the relevant folio of the Register, it would be necessary to make an application under section 99 or 103 of the Transfer of Land Act 1958, and the application has not been made or has not been determined.
Any person may, with the written consent of the owner, submit a plan to the Council for certification.
An owner may act through an agent unless the regulations require a personal or sealed declaration, consent or authorisation.
S. 5(7) amended by No. 47/1989 s. 19(i).
If the land in a plan is not in a municipal district, the Minister may carry out the functions of a Council.
Part 2—Certification of plans
The Council must certify a plan within the prescribed time if—
S. 6(1)(a) substituted by No. 48/1991 s. 7(1).
the plan complies with this Act, the regulations, and those requirements of the planning scheme and any permit that relate to the boundaries of roads, lots, common property and reserves and the form and content of the plan; and
the land is under the Transfer of Land Act 1958 or steps have been taken to bring the land under the Act; and
every referral authority has given consent; and
all alterations required by referral authorities have been made; and
S. 6(1)(e) repealed by No. 47/1989 s. 12(1).
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alterations required by the Council have been made; and
S. 6(1)(g) repealed by No. 47/1989 s. 12(1).
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where the only access to a lot is over Crown land, either a road has been reserved or proclaimed or the Minister administering the Land Act 1958 has consented in writing to the use of the land for access; and
S. 6(1)(i) repealed by No. 47/1989 s. 5(4)(e), new s. 6(1)(i) inserted by No. 48/1991 s. 7(2), substituted by No. 69/2006 s. 208(1).
where the plan does anything requiring the unanimous resolution of the members of the owners corporation under Division 3 of Part 5 or an order of the Victorian Civil and Administrative Tribunal under section 34D, the plan is accompanied by a copy of the unanimous resolution or the order of the Tribunal; and
where a plan removes or varies a restriction—
S. 6(1)(j)(i) amended by No. 47/1989 s. 6(1)(d), substituted by No. 48/1991 s. 7(3).
the removal or variation is in accordance with the planning scheme or a permit; or
S. 6(1)(j)(ii) amended by No. 47/1989 s. 6(1)(e).
the Registrar has declared that the restriction has been released modified or varied; and
where a plan removes or varies the whole or part of an easement—
S. 6(1)(k)(i) amended by No. 47/1989 s. 6(1)(d), substituted by No. 48/1991 s. 7(4).
the removal or variation is in accordance with the planning scheme or a permit; or
the Registrar has declared that the easement has been abandoned or extinguished; or
the easement was set aside for the purpose of a Council, public authority or other person which has requested or consented to the removal or variation; or
S. 6(1)(k)(iv) amended by No. 47/1989 s. 4(2)(b).
all parties interested in the easement or the part of it have agreed to the removal or variation; or
S. 6(1)(k)(v) inserted by No. 47/1989 s. 4(2)(b), amended by No. 52/1998 s. 311(Sch. 1 item 86.1).
the Victorian Civil and Administrative Tribunal has given leave under section 36 to remove the easement and, if leave is given subject to conditions relating to the plan, those conditions have been met.
If the conditions in subsection (1) are not met, the Council must refuse to certify the plan and give its reasons in writing to the applicant within the prescribed time.
S. 6(3) inserted by No. 48/1991 s. 7(5), amended by No. 69/2006 s. 208(2).
The Council may rely on a verified copy of a unanimous resolution or Tribunal order accompanying a plan and referred to in section 6(1)(i) as conclusive proof that a unanimous resolution or order was made in those terms.
The certification of a plan is valid for 5 years from the date of certification.
S. 7A inserted by No. 1/2020 s. 143.
This section applies if—
the Council certifies a plan of subdivision of land in respect of which there is a levy recording (within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020); and
Part 3 does not apply to that plan.
The Council, within 7 days after certifying the plan, must give the Secretary to the Department of Environment, Land, Water and Planning—
written notice of that certification; and
a copy of the application for certification and the certified plan.
The Council must refer a plan to a referral authority within the prescribed time—
S. 8(1)(a) amended by No. 47/1989 s. 7(1)(a).
if this is required by the planning scheme or the permit, unless—
the plan is of a class exempted from the referral requirement by the planning scheme or the regulations; or
the applicant gives the Council satisfactory evidence of the authority's consent dated not more than 3 months before the date on which the plan is submitted for certification; or
S. 8(1)(b) amended by No. 47/1989 s. 5(4)(f).
if the authority is likely to have an interest in an easement or restriction which is to be created, varied or removed, unless the authority has agreed to the easement or restriction in connection with the planning scheme or permit or otherwise.
The Council does not have to refer a plan to a referral authority if the plan is submitted by an acquiring authority under section 35 and shows acquired land without proposing to create additional lots.
S. 8(3) inserted by No. 47/1989 s. 7(1)(b).
If a referral authority has required specified alterations to be made to a plan and a plan containing those alterations is submitted to the Council, the Council does not have to refer the altered plan to that referral authority.
S. 8(4) inserted by No. 48/1991 s. 8.
The Council does not have to refer to a referral authority a plan under section 24A.
S. 8(5) inserted by No. 48/1991 s. 8.
The Council does not have to refer again to a referral authority a plan which the Council has amended after referral, if the Council considers that the amendments are minor and are unlikely to affect the interests of the authority.
S. 8(6) inserted by No. 48/1991 s. 8.
As soon as possible after certifying a plan that was not referred to a referral authority, the Council must give the authority a copy of the certified plan.
The referral authority must inform the Council within the prescribed time that it—
consents to the plan; or
requires specified alterations; or
refuses consent.
If the authority requires specified alterations or refuses consent, it must give written reasons to the Council and the applicant.
If the authority does not reply within the prescribed time or fails to give written reasons, it consents.
S. 9(4) amended by No. 47/1989 s. 7(1)(c)(i)(ii).
If a referral authority requires a specified alteration to a plan, the time permitted for consideration of the plan by the authority and the Council is suspended until the altered plan is submitted to the Council.
If a plan contains all the specified alterations required by a referral authority, the authority cannot require any further alterations or refuse to consent to the plan.
Within the prescribed time, the Council may require the applicant to alter the plan to make the plan suitable for certification.
The Council may agree to an alteration at the request of the applicant.
S. 10(3) amended by No. 47/1989 s. 7(1)(d).
If the Council requires an alteration to a plan, the time for consideration of the plan is suspended until the altered plan is re-submitted to the Council.
If a plan contains the alterations required by a Council, the Council cannot require any further alterations.
The Council must send a copy of the altered plan to any referral authority referred to in section 8.
A Council cannot require or agree to an alteration which is inconsistent with any notice of acquisition in respect of that land published in the Government Gazette, or which is inconsistent with a requirement of a referral authority.
S. 10(7) amended by No. 57/1993 s. 17(1).
If the plan was prepared by a licensed surveyor, the Council must notify the surveyor of the alteration required by the Council.
The owner or a person with the consent of the owner or an acquiring authority may apply to the Council to amend a certified plan.
The Council must refer the application to any referral authority referred to in section 8 within the prescribed time, unless the application is made by an acquiring authority.
S. 11(2A) inserted by No. 48/1991 s. 9(1).
The Council does not have to refer an application to amend a certified plan to a referral authority if it considers that the amendment is minor and is unlikely to affect the interests of the authority.
The referral authority must inform the Council that it—
consents to the amendment; or
requires alterations to ensure that the plan conforms with any requirements it made when it consented to the plan; or
refuses to consent—
within the prescribed time, giving its reasons for the refusal or the alteration.
If the referral authority does not reply within the prescribed time or fails to give written reasons, it consents to the amendment.
If a referral authority requires an alteration to a plan, the time permitted for consideration of the plan is suspended until the altered plan is submitted.
If a plan contains all the alterations required by a referral authority, the authority cannot require any further alterations or refuse to consent to the plan.
The Council must—
re-certify the amended plan or certify a new plan; or
advise the person who made the application to amend the certified plan in writing of the reasons for refusing to do so—
within the prescribed time.
If a new plan is submitted for certification the existing certified plan must be given to the Council.
The certification or re-certification of a plan under subsection (7) does not extend the period specified in section 7.
If the plan was prepared by a licensed surveyor the Council must notify the surveyor of an amendment applied for by an acquiring authority.
S. 11(11) inserted by No. 48/1991 s. 9(2).
As soon as possible after re-certifying an amended plan where the amendment was not referred to a referral authority, the Council must give a copy of the re-certified plan to the referral authority.
S. 11A inserted by No. 47/1989 s. 7(2).
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