Subdivision Act 1988

The registration of a plan takes effect when the Registrar records that the plan has been registered.

Upon registration—

land set aside as a reserve vests in the body named in the plan freed and discharged from any mortgage, charge, notice or memorandum of charge, restriction, lease or sub-lease; and

land set aside as a reserve for public purposes in accordance with an approved infrastructure contributions plan vests in the collecting agency named in that plan freed and discharged from any mortgage, charge, notice or memorandum of charge, restriction, lease or sub-lease; and

land set aside as a road vests in the Council or any other person or body identified for that purpose in the plan freed and discharged from any mortgage, charge, notice or memorandum of charge, restriction, lease or sub-lease; and

any agreement under section 173 of the Planning and Environment Act 1987 applying to land vested in a Council or a collecting agency under paragraph (a), (ab) or (b) ceases to apply to that land; and

any road vested in the Council becomes a public highway; and

any easement, restriction or other right is created, varied or removed as specified in the plan; and

any right to take water conferred by section 8 of the Water Act 1989 is allocated as specified in the plan; and

any easements or rights implied by section 12(2) are created; and

the registered plan replaces or modifies any previous registered plan; and

if it is a plan referred to in section 23, 24A, 32B, 35 or 37 or Division 3 of Part 5, the registered plan amends any previous registered plan in the ways indicated in that later registered plan.

When the land set aside as a road vests in a Council, person or body—

the land continues under the operation of the Transfer of Land Act 1958 and the Council, person or body is deemed to be its registered proprietor; and

the Registrar need not create a folio of the register or produce a certificate of title for the land; and

the Registrar may delete any folio of the register so far as it relates to that land.

Nothing in this section discharges a liability for a growth areas infrastructure contribution that has arisen in relation to land under Part 9B of the Planning and Environment Act 1987.

The Registrar must create a folio of the Register under the Transfer of Land Act 1958 for—

each lot; and

each reserve.

Despite anything in subsection (3) of this section or in section 28(e), the Registrar may decide not to create a folio of the Register under the Transfer of Land Act 1958 if—

a document required by the Registrar has not been submitted or lodged; or

there is an order of a court or the Victorian Civil and Administrative Tribunal prohibiting the creation of the folio of the Register; or

the creation of a folio of the register is not required by the owner and its creation would not be desirable; or

in the opinion of the Registrar, other special circumstances make the creation of the folio of the Register undesirable or unnecessary.

The Registrar must make any amendments to any registered plan or to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of this Act.

Where a plan amending a previous registered plan is lodged for registration, it must be accompanied by substitute sheets for the sheets of the registered plan that require amendment, and the Registrar may substitute those sheets for the appropriate sheets of the registered plan and, on the making of the substitution, those substituted sheets form part of the registered plan.