What must the Council do?
6 What must the Council do?
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S. 6(1)(e) repealed by No. 47/1989 s. 12(1).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S. 6(1)(g) repealed by No. 47/1989 s. 12(1).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S. 6(1)(i) repealed by No. 47/1989 s. 5(4)(e), new s. 6(1)(i) inserted by No. 48/1991 s. 7(2), substituted by No. 69/2006 s. 208(1).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.
This provision refers to the regulations (the regulations
). Made under this Act:
- Subdivision (Fees) Regulations 2016 · under section 43
- Subdivision (Procedures) Regulations 2021 · under section 43
- Subdivision (Registrar's Fees) Regulations 2016 · under section 43
1 more instrument made under this Act are listed on the Act’s overview.
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