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PARLIAMENT OF VICTORIA
Land Legislation Amendment Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--TRANSFER OF LAND ACT 1958 3
3 Definitions 3
4 Registrar not required to keep seal 3
5 Who may bring land under this Act? 3
6 Repeal of section 13 3
7 Lodgment of competing interest 3
8 Notice of creation of ordinary folio or provisional folio for land
in identified folio 4
9 Notice of creation of folio or removal of warning 4
10 Caveats 4
11 Register of land 5
12 Recordings in the Register 5
13 Certificates of title 6
14 Power not to destroy certain certificates of title 6
15 Submission of documents to facilitate registration 6
16 Construction of references 6
17 Creation of folio of the Register and certificate of title 7
18 Minors etc. 7
19 Lost grant or certificate etc. 7
20 Instruments entitled to priority according to date of lodgment
for registration 7
21 Repeal of section 35 7
22 Entry of trusts in Register 8
23 Grants and certificates endorsed "no survivorship" 8
24 Agents for lodging electronic instruments must be eligible
persons 8
25 Destruction of certificate of title 9
26 Registrar may require production of documents 9
27 Power to Registrar to make a vesting order in cases of completed
purchase 9
28 Repeal of section 48 10
561178B.I-2/9/2009 i BILL LA INTRODUCTION 2/9/2009
Clause Page
29 Registration of personal representatives 10
30 Sale under writ of fieri facias or decree of Supreme Court etc. 10
31 Registrar to make necessary cancellations entries etc. 10
32 Registrar to give effect to order vesting trust estate 10
33 Registration of dispositions effected by operation of statute 11
34 New section 59A inserted 11
59A Amendment of Register to reflect successor at law 11
35 Application for order by person claiming title by possession 12
36 Power to make vesting order 12
37 Leases 13
38 Foreclosure or surrender or mortgaged lease where lessee is
bankrupt 13
39 Surrender of lease 13
40 Variation of registered mortgage 14
41 Application of moneys obtained from actions by the mortgagor 14
42 Discharge of mortgages and annuities 14
43 Mortgage money payable to Treasurer if mortgagee absent from
Victoria and mortgage discharged 15
44 Notification of restrictive covenants 15
45 Caveats temporarily forbidding dealings with land 17
46 Removal of caveat on application to Registrar 17
47 Except in certain cases caveat to lapse after thirty days notice
given to caveator 18
48 No entry to be made in Register affecting land in respect of
which caveat in force 18
49 Repeal of Division 2 of Part V 18
50 Restriction on amendment of memorandum articles or rules
affecting shares in service company 19
51 Variation of service agreement 19
52 Procedure if Registrar is satisfied that plan is suitable for
registration 19
53 Cancellation of plan of building subdivision and registration of
the plan of subdivision 20
54 Effect of registration of plan of subdivision 20
55 Power of courts to consent or dispense 20
56 General provision as to correction of errors etc. 21
57 Registrar to require production of documents as evidence etc. 21
58 Registrar to refuse registration if documents or evidence not
supplied 22
59 Powers of Registrar 22
60 Fees to be paid under Act 23
61 Entitlement to indemnity 24
62 Service of notices 24
63 Inspection of Register 24
64 Receipt for and return of lodged documents 25
65 Summoning Registrar to show cause 25
66 Application to Court for order requiring production of document 26
561178B.I-2/9/2009 ii BILL LA INTRODUCTION 2/9/2009
Clause Page
67 Compensation for lodging caveat without reasonable cause 27
68 Regulations 27
69 Approved forms 27
70 New sections 129 and 130 inserted 27
129 Creation of certificate of title--transitional provision 27
130 Contracts referring to Table A--transitional provision 28
71 Repeal of Seventh Schedule 28
72 Repeal of Seventeenth and Eighteenth Schedules 28
PART 3--SURVEYING ACT 2004 29
73 Definitions 29
74 Application for registration 29
75 Qualifications for registration 29
76 Renewal of registration 30
77 New section 7A inserted 30
7A Variation of registration 30
78 Section 11 substituted 31
11 Duration of registration 31
79 Restoration of name to the register 31
80 The register 32
81 Investigation of complaints 32
82 Outcome of preliminary investigation 32
83 New section 22A inserted 33
22A Board may settle matter by agreement 33
84 New section 30A inserted 34
30A Notification to licensed surveyor 34
85 Notifications to complainant 34
86 Notification 34
87 Claims by persons as to registration 34
88 Functions and powers of Surveyor-General 35
89 Functions of the Board 35
90 Membership of the Board 36
91 Proceedings for offences 36
92 Publication of certain information 36
93 Regulations 36
PART 4--GEOGRAPHIC PLACE NAMES ACT 1998 38
94 Extension of term of appointment 38
PART 5--SUBDIVISION ACT 1988 39
95 Definition of master plan 39
96 The procedure for certification and registration of plans 39
97 New section 22A inserted 40
22A Registrar may refuse registration 40
98 Effect of registration of plans 41
561178B.I-2/9/2009 iii BILL LA INTRODUCTION 2/9/2009
Clause Page
99 Dealings in common property 41
100 Alteration of subdivision 41
101 Consolidation, subdivision or alteration 42
102 Total consolidation or re-subdivision of land affected by owners
corporation 43
103 Staged subdivision 44
104 New section 46A inserted 44
46A Expiry of registered plan 44
PART 6--AMENDMENTS TO THE FORESTS ACT 1958 45
105 Licences and permits with respect to forests 45
PART 7--REPEAL OF AMENDING ACT 46
106 Repeal of amending Act 46
ENDNOTES 47
561178B.I-2/9/2009 iv BILL LA INTRODUCTION 2/9/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Land Legislation Amendment Bill 2009
A Bill for an Act to amend the Transfer of Land Act 1958, the
Subdivision Act 1988, the Surveying Act 2004, the Geographic
Place Names Act 1998 and the Forests Act 1958 and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to--
(a) amend the Transfer of Land Act 1958, the
5 Subdivision Act 1988 and the Surveying
Act 2004 as to the application of those Acts;
and
561178B.I-2/9/2009 1 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 1--Preliminary
s. 2
(b) amend the Geographic Place Names Act
1998 as to the appointment of a Registrar of
Geographic Names; and
(c) to make minor amendments to the Forests
5 Act 1958.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
10 operation before 1 May 2010, it comes into
operation on that day.
__________________
561178B.I-2/9/2009 2 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 3
PART 2--TRANSFER OF LAND ACT 1958
3 Definitions
In section 4(1) of the Transfer of Land Act See:
Act No.
1958-- 6399.
Reprint No. 16
5 (a) in the definition of conversion scheme omit as at
23 October
"13,"; 2008.
LawToday:
(b) for the definition of Court substitute-- www.
legislation.
"court means court of competent vic.gov.au
jurisdiction;";
10 (c) in the definition of instrument, after
"Register" insert ", and a plan of
subdivision, where the context permits";
(d) insert the following definition--
"Register means the Register of land kept
15 under section 27;".
4 Registrar not required to keep seal
Sections 6(2) and 6(3) of the Transfer of Land
Act 1958 are repealed.
5 Who may bring land under this Act?
20 In section 10(2)(b) of the Transfer of Land Act
1958 omit "13 or".
6 Repeal of section 13
Section 13 of the Transfer of Land Act 1958 is
repealed.
25 7 Lodgment of competing interest
In sections 26B(1), 26B(3) and 26B(4) of the
Transfer of Land Act 1958, for "the Court"
substitute "a court".
561178B.I-2/9/2009 3 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 8
8 Notice of creation of ordinary folio or provisional
folio for land in identified folio
(1) In section 26N(4)(b) of the Transfer of Land Act
1958 omit "of competent jurisdiction".
5 (2) In section 26N(5) of the Transfer of Land Act
1958, for "35 days" substitute "30 days".
(3) In section 26N(8) of the Transfer of Land Act
1958, for "the Court" (wherever occurring)
substitute "the court".
10 (4) In section 26N(9) of the Transfer of Land Act
1958, for "the Court" substitute "a court".
9 Notice of creation of folio or removal of warning
(1) In section 26Q(3)(b) of the Transfer of Land Act
1958, for "21 days" substitute "30 days".
15 (2) In 26Q(4) of the Transfer of Land Act 1958, for
"14 days" substitute "30 days".
10 Caveats
(1) In sections 26R(3)(b)(ii) and 26R(4) of the
Transfer of Land Act 1958, for "the Court"
20 substitute "a court".
(2) In section 26R(5) of the Transfer of Land Act
1958--
(a) for "The Court" substitute "The court";
(b) for "the Court" substitute "the court".
25 (3) In section 26R(6) of the Transfer of Land Act
1958--
(a) for paragraph (a), substitute--
"(a) given notice in writing to the Registrar
that proceedings in a court to
30 substantiate the claim of the caveator in
relation to the land and the estate or
561178B.I-2/9/2009 4 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 11
interest therein in respect of which the
application is made are on foot; or".
(b) in paragraph (b), for "the Court" substitute
"a court".
5 (4) In section 26R(8) of the Transfer of Land Act
1958, for "the Court" substitute "the court".
11 Register of land
For section 27(7)(b) of the Transfer of Land Act
1958 substitute--
10 "(b) except in the case of an identified folio, a
description of--
(i) the proprietor; and
(ii) the nature of the interest held by the
proprietor; and".
15 12 Recordings in the Register
(1) After section 27A(1) of the Transfer of Land Act
1958 insert--
"(1A) A plan within the meaning of section 3 of the
Subdivision Act 1988 that may be registered
20 by the Registrar under section 22 of that Act
is registered by--
(a) making recordings in the Register; or
(b) altering recordings in the Register--
to the extent necessary to give effect to the
25 plan.".
(2) Section 27A(4) of the Transfer of Land Act
1958 is repealed.
(3) In section 27A(5) of the Transfer of Land Act
1958, for "must" substitute "may".
561178B.I-2/9/2009 5 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 13
13 Certificates of title
After section 27B(7A) of the Transfer of Land
Act 1958 insert--
"(7B) The Registrar is not required to produce a
5 certificate of title for a folio of the Register
if--
(a) the person entitled to receive the
certificate of title requests that no
certificate of title be produced; and
10 (b) the Registrar is satisfied that the non-
production of a certificate of title is
appropriate in the circumstances.".
14 Power not to destroy certain certificates of title
(1) In section 27BA(1) of the Transfer of Land Act
15 1958--
(a) after "deleted" insert "or amended";
(b) omit "to support any further transaction in
relation to land".
(2) In section 27BA(2) of the Transfer of Land Act
20 1958--
(a) omit "to support any further transaction in
relation to land";
(b) after "deleted" insert "or amended";
(c) for "relates" substitute "related".
25 15 Submission of documents to facilitate registration
Section 27E(a)(i) of the Transfer of Land Act
1958 is repealed.
16 Construction of references
In section 27F(3) of the Transfer of Land Act
30 1958--
(a) in paragraph (g) omit "or the duplicate of a
registered instrument";
561178B.I-2/9/2009 6 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 17
(b) in paragraph (j)(ii) omit "or duplicate
instrument";
(c) in paragraph (o) omit "or on a duplicate
instrument".
5 17 Creation of folio of the Register and certificate of
title
Sections 28(3) and 28(4) of the Transfer of Land
Act 1958 are repealed.
18 Minors etc.
10 (1) Insert the following heading to section 30 of the
Transfer of Land Act 1958--
"Joint proprietors".
(2) Section 30(1) of the Transfer of Land Act 1958
is repealed.
15 19 Lost grant or certificate etc.
In section 31(1) of the Transfer of Land Act
1958 omit ", but shall first give not less than
fourteen days notice of his intention so to do in at
least one newspaper published in the city of
20 Melbourne or circulating in the neighbourhood of
the land described in the certificate of title".
20 Instruments entitled to priority according to date of
lodgment for registration
In section 34(2) of the Transfer of Land Act
25 1958, for "duplicate Crown grant certificate of
title mortgage charge or lease (as the case may
be)" substitute "certificate of title".
21 Repeal of section 35
Section 35 of the Transfer of Land Act 1958 is
30 repealed.
561178B.I-2/9/2009 7 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 22
22 Entry of trusts in Register
(1) In section 37 of the Transfer of Land Act
1958--
(a) omit "a duplicate or";
5 (b) omit "duplicate or" (where secondly and
thirdly occurring).
(2) At the end of section 37 of the Transfer of Land
Act 1958 insert--
"(2) Despite subsection (1), on and from the
10 commencement of section 22 of the Land
Legislation Amendment Act 2009, a trust
may not be deposited with the Registrar.".
23 Grants and certificates endorsed "no survivorship"
(1) In section 38(4) of the Transfer of Land Act
15 1958, for "the Court or of the Registrar"
substitute "a court".
(2) In section 38(5) of the Transfer of Land Act
1958, for "the Court or Registrar" substitute
"the court".
20 (3) In section 38(6) of the Transfer of Land Act
1958--
(a) for "The Court or Registrar" substitute
"The court";
(b) omit "or made by".
25 24 Agents for lodging electronic instruments must be
eligible persons
(1) For section 44C(2) of the Transfer of Land Act
1958 substitute--
"(2) For the purposes of this section, eligible
30 person means a person who--
(a) holds insurance of a kind and amount
acceptable to the Registrar; and
561178B.I-2/9/2009 8 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 25
(b) complies with any other eligibility
requirements determined by the
Registrar.".
(2) In section 44C(4)(b) of the Transfer of Land Act
5 1958, for "subsection (2)(c)." substitute
"subsection (2)(b).".
25 Destruction of certificate of title
In section 44I(2) of the Transfer of Land Act
1958--
10 (a) omit "to support any further transaction in
relation to land";
(b) for "relates" substitute "related".
26 Registrar may require production of documents
In section 44J(2) of the Transfer of Land Act
15 1958 for "14 days" substitute "30 days".
27 Power to Registrar to make a vesting order in cases
of completed purchase
For section 47(c) of the Transfer of Land Act
1958 substitute--
20 "(c) a transfer cannot be obtained as the
registered proprietor is--
(i) a natural person who is deceased or
whose signature cannot for any reason
be obtained within a reasonable time; or
25 (ii) a body corporate that is deregistered
within the meaning of section 9 of the
Corporations Act; or
(iii) a body corporate and the authorised
agent of the body corporate cannot be
30 located or his or her signature cannot be
obtained within a reasonable time--".
561178B.I-2/9/2009 9 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 28
28 Repeal of section 48
Section 48 of the Transfer of Land Act 1958 is
repealed.
29 Registration of personal representatives
5 In section 49(1) of the Transfer of Land Act
1958 omit "and the day of the death of the
proprietor, when ascertainable".
30 Sale under writ of fieri facias or decree of Supreme
Court etc.
10 For section 52(2) of the Transfer of Land Act
1958 substitute--
"(2) The Registrar, on being served with a copy
of any judgment, decree, order or process of
execution of a court that identifies a folio or
15 folios of the Register that are affected by the
judgment, decree, order or process of
execution, must record notice of the receipt
of the judgement, decree, order or process of
execution.".
20 31 Registrar to make necessary cancellations
entries etc.
In section 55(3) of the Transfer of Land Act
1958--
(a) for ", duplicate instrument and" substitute
25 "or";
(b) omit "duplicate instruments and".
32 Registrar to give effect to order vesting trust estate
In section 58(1) of the Transfer of Land Act
1958--
30 (a) omit "of competent jurisdiction";
(b) after "trustee" insert "or beneficiary";
561178B.I-2/9/2009 10 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 33
(c) after "trustees" insert "or beneficiaries";
(d) for "the Court" substitute "the court".
33 Registration of dispositions effected by operation of
statute
5 After section 59(3) of the Transfer of Land Act
1958 insert--
"(4) In this section, in relation to the disclaiming,
surrender, release or other disposal of an
interest in land under this Act, a reference to
10 any statute or statutory power includes a
reference to a Commonwealth Act or a
statutory or other power of the
Commonwealth.".
34 New section 59A inserted
15 After section 59 of the Transfer of Land Act
1958 insert--
"59A Amendment of Register to reflect
successor at law
(1) Where by operation of law a body corporate
20 is established as the successor in law to a
body corporate that is the registered
proprietor of land, the Registrar must make
any necessary amendments in the Register--
(a) on being requested to do so; and
25 (b) on delivery of a certificate described in
subsection (2).
(2) A request under subsection (1) must be
accompanied by a certificate signed by the
chief executive officer (however described)
30 of the successor body corporate certifying
that the property, rights or liabilities of the
former body corporate specified in the
certificate have been vested in, or become
the property, rights or liabilities of, the
561178B.I-2/9/2009 11 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 35
successor in law to the former body
corporate.
(3) For the purposes of subsection (1), a
certificate described in subsection (2) is
5 admissible as evidence in any proceeding for
the purpose of establishing proof that the
property, rights or liabilities of the former
body corporate specified in the certificate
have been vested in, or become the property,
10 rights or liabilities of, the successor in law to
the former body corporate, and is conclusive
proof of those matters.".
35 Application for order by person claiming title by
possession
15 (1) In section 60(1) of the Transfer of Land Act
1958, for "notes" substitute "records".
(2) In section 60(3) of the Transfer of Land Act
1958 for "twenty-one days" substitute "30 days".
(3) After section 60(3) of the Transfer of Land Act
20 1958 insert--
"(3A) A notice under subsection (3) must be posted
on the day on which the application is
advertised under subsection (2).".
(4) In section 60(4) of the Transfer of Land Act
25 1958 for "twenty-one days" substitute "30 days".
36 Power to make vesting order
(1) For section 62(2)(b) of the Transfer of Land Act
1958 substitute--
"(b) create in the name of the applicant, or of any
30 person the applicant directs, a new folio of
the Register, dated as at the date of making
the vesting order--
561178B.I-2/9/2009 12 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 37
(i) for an estate in fee simple or other
estate acquired in the land described in
the vesting order, free from all
encumbrances extinguished under
5 subsection (1); or
(ii) at the Registrar's discretion,
consolidating the land described in
subparagraph (i) with any adjoining
parcel of land owned by the applicant.".
10 (2) After section 62(4) of the Transfer of Land Act
1958 insert--
"(5) In this section, encumbrance includes, but is
not limited to, any estate, interest, mortgage,
charge, right, claim, demand, caveat, lease,
15 sub-lease, restrictive covenant or statutory
charge or an agreement under section 173 of
the Planning and Environment Act 1987.".
37 Leases
After section 66(2) of the Transfer of Land Act
20 1958 insert--
"(3) A lease described in subsection (1) must
state the date of commencement and date of
expiration of the lease.".
38 Foreclosure or surrender or mortgaged lease where
25 lessee is bankrupt
In section 68(2) of the Transfer of Land Act
1958, for "twenty-one days" substitute "30 days".
39 Surrender of lease
After section 69(1) of the Transfer of Land Act
30 1958 insert--
"(1A) A lease may be partially surrendered under
subsection (1) where the partial surrender
applies to all of the land in a folio.".
561178B.I-2/9/2009 13 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 40
40 Variation of registered mortgage
At the end of section 75A of the Transfer of
Land Act 1958 insert--
"(2) For the purposes of this section, the variation
5 of a mortgage does not include the
following--
(a) a transfer or assignment of a mortgage;
or
(b) an alteration of--
10 (i) the length of the term of the
mortgage; or
(ii) an area of mortgaged land; or
(iii) the parties to a mortgage.".
41 Application of moneys obtained from actions by the
15 mortgagor
In section 82(2) of the Transfer of Land Act
1958--
(a) for "the Court" (where first occurring)
substitute "a court";
20 (b) for "the Court" (where secondly and thirdly
occurring) substitute "the court".
42 Discharge of mortgages and annuities
(1) For section 84(2) of the Transfer of Land Act
1958 substitute--
25 "(2) The Registrar may amend the Register to
remove the recording of a mortgage on a
folio or folios of the Register if it is proved
to the Registrar's satisfaction that--
(a) all principal and interest due in respect
30 of the mortgage have been paid to the
person entitled to receive them; and
561178B.I-2/9/2009 14 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 43
(b) a discharge of mortgage instrument
cannot be obtained because the
mortgagee is--
(i) a natural person who is deceased
5 or whose signature cannot for any
reason be obtained within a
reasonable time; or
(ii) a body corporate that is
deregistered within the meaning of
10 section 9 of the Corporations Act;
or
(iii) a body corporate and the
authorised agent of the body
corporate cannot be located or his
15 or her signature cannot be
obtained within a reasonable
time.".
(2) Section 84(2A) of the Transfer of Land Act
1958 is repealed.
20 43 Mortgage money payable to Treasurer if mortgagee
absent from Victoria and mortgage discharged
In section 85(2) of the Transfer of Land Act
1958, for "the Registrar addresses to the Treasurer
a requisition to pay to any persons concerned the
25 moneys to which they are entitled" substitute
"an application is made to the Treasurer by the
mortgagee or other person entitled to the moneys
for payment of those moneys".
44 Notification of restrictive covenants
30 (1) For section 88(1) of the Transfer of Land Act
1958 substitute--
"(1) The Registrar has the power, and is taken to
have always had the power, to record on a
folio of the Register--
561178B.I-2/9/2009 15 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 44
(a) a restrictive covenant affecting the
parcel or parcels of land to which the
folio of the Register relates, if all of the
registered proprietors of the land to be
5 affected by the covenant and any
mortgagees of such land agree to the
creation of the restrictive covenant; and
(b) subject to subsections (1AA), (1AB)
and (1AC), any instrument purporting
10 to vary or release the operation of a
restrictive covenant.
(1AA) A recording on a folio of a restrictive
covenant that was created by a plan of
subdivision or consolidation must not be
15 deleted or amended by the Registrar unless
the restrictive covenant is released or varied
by--
(a) a plan of subdivision or consolidation;
or
20 (b) a planning scheme or permit under the
Planning and Environment Act 1987;
or
(c) an order of a court.
(1AB) A recording on a folio of a restrictive
25 covenant that was authorised by a planning
scheme or permit under the Planning and
Environment Act 1987 must not be deleted
or amended by the Registrar unless the
restrictive covenant is released or varied
30 by--
(a) a plan of subdivision or consolidation;
or
561178B.I-2/9/2009 16 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 45
(b) a planning scheme or permit under the
Planning and Environment Act 1987;
or
(c) an order of a court.
5 (1AC) A recording on a folio of a restrictive
covenant that was created or authorised in
any way other than by--
(a) a plan of subdivision or consolidation;
or
10 (b) a planning scheme or permit under the
Planning and Environment Act
1987--
may be deleted or amended by the Registrar
if the restrictive covenant is released or
15 varied by--
(c) a manner described in paragraph (a)
or (b); or
(d) the agreement of all of the registered
proprietors of all land affected by the
20 covenant and any mortgagees of such
land; or
(e) an order of a court.".
(2) Section 88(1B) of the Transfer of Land Act 1958
is repealed.
25 45 Caveats temporarily forbidding dealings with land
In section 89(4) of the Transfer of Land Act
1958 omit "in Victoria".
46 Removal of caveat on application to Registrar
(1) In section 89A(3)(b) of the Transfer of Land Act
30 1958 omit "of competent jurisdiction".
(2) In section 89A(4) of the Transfer of Land Act
1958, for "35 days" substitute "30 days".
561178B.I-2/9/2009 17 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 47
(3) In section 89A(7) of the Transfer of Land Act
1958--
(a) in paragraph (a)--
(i) for "the Court" (where first occurring)
5 substitute "a court";
(ii) for "the Court" (where secondly and
thirdly occurring) substitute "the
court";
(b) in paragraph (b), for "the Court" substitute
10 "the court".
47 Except in certain cases caveat to lapse after thirty
days notice given to caveator
(1) In section 90(2) of the Transfer of Land Act
1958--
15 (a) for "the Court" (where first occurring)
substitute "a court";
(b) for "the Court" (where secondly and thirdly
occurring) substitute "the court".
(2) In section 90(3) of the Transfer of Land Act
20 1958--
(a) for "the Court" (where first occurring)
substitute "a court";
(b) for "the Court" (where secondly and thirdly
occurring) substitute "the court".
25 48 No entry to be made in Register affecting land in
respect of which caveat in force
In section 91(4) of the Transfer of Land Act
1958, after "removed" insert "by an order of a
court".
30 49 Repeal of Division 2 of Part V
Division 2 of Part V of the Transfer of Land Act
1958 is repealed.
561178B.I-2/9/2009 18 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 50
50 Restriction on amendment of memorandum articles
or rules affecting shares in service company
In section 98B(b) of the Transfer of Land Act
1958--
5 (a) for "the Court" (where firstly and secondly
occurring) substitute "a court";
(b) for "the Court" (where thirdly occurring)
substitute "the court".
51 Variation of service agreement
10 After section 98C(2) of the Transfer of Land Act
1958 insert--
"(2A) For the purposes of this section, the variation
of a service agreement does not include an
alteration of--
15 (a) the length of the term of the service
agreement; or
(b) the area to which the service agreement
applies.".
52 Procedure if Registrar is satisfied that plan is
20 suitable for registration
For section 98CB(2)(c) of the Transfer of Land
Act 1958 substitute--
"(c) if there is a service company and the service
company was registered under the
25 Co-operatives Act 1996, serve a notice in
the prescribed form on the Registrar of
Co-operatives.".
561178B.I-2/9/2009 19 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 53
53 Cancellation of plan of building subdivision and
registration of the plan of subdivision
(1) For section 98CC(1)(d) of the Transfer of Land
Act 1958 substitute--
5 "(d) where a service company operated in relation
to the building subdivision and the service
company was registered under the
Co-operatives Act 1996, serve a notice in
the form prescribed by the regulations on the
10 Registrar of Co-operatives; and".
(2) In section 98CC(2)(a) of the Transfer of Land
Act 1958 omit "and the duplicate instrument
(if any) of every registered service agreement,
mortgage, charge, lease or sub-lease relating to
15 any part of the land comprised in the building
subdivision".
54 Effect of registration of plan of subdivision
In section 98CD(1) of the Transfer of Land Act
1958--
20 (a) in paragraph (e), for "property;" substitute
"property.";
(b) paragraph (f) is repealed.
55 Power of courts to consent or dispense
(1) In section 98CE(1) of the Transfer of Land Act
25 1958, for "the Court or court of competent
jurisdiction, as the case may be," substitute
", a court,".
(2) In section 98CE(2) of the Transfer of Land Act
1958--
30 (a) for "the Court or court of competent
jurisdiction" substitute "a court";
(b) omit "or duplicate instrument".
561178B.I-2/9/2009 20 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 56
56 General provision as to correction of errors etc.
(1) In section 103(1) of the Transfer of Land Act
1958--
(a) for "the Court" (where first occurring)
5 substitute "a court";
(b) for "the Court" (where secondly and thirdly
occurring) substitute "the court".
(2) In section 103(1AA) of the Transfer of Land Act
1958--
10 (a) omit "under Part IV of the Property Law
Act 1958";
(b) omit "under that Part".
(3) Section 103(1A) of the Transfer of Land Act
1958 is repealed.
15 (4) In section 103(2)(a) of the Transfer of Land Act
1958, for "in any instrument or duplicate or plan
of subdivision" substitute "in any plan of
subdivision or unregistered instrument".
(5) In section 103(2)(b) of the Transfer of Land Act
20 1958 omit "(1A) or".
57 Registrar to require production of documents as
evidence etc.
(1) In section 104(3) of the Transfer of Land Act
1958--
25 (a) for "For the purposes of this Act," substitute
"If the Registrar considers it necessary or
appropriate to do so,";
(b) omit "or duplicate instrument" (wherever
occurring);
30 (c) for "fourteen days" substitute "30 days".
(2) Sections 104(3A), 104(3B), 104(3C) and 104(3D)
of the Transfer of Land Act 1958 are repealed.
561178B.I-2/9/2009 21 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 58
(3) In section 104(5) of the Transfer of Land Act
1958, omit "or the duplicate of any instrument or
document".
58 Registrar to refuse registration if documents or
5 evidence not supplied
Section 105(2) of the Transfer of Land Act 1958
is repealed.
59 Powers of Registrar
(1) In section 106 of the Transfer of Land Act
10 1958--
(a) for paragraph (a) substitute--
"(a) may record a caveat on behalf of the
Crown, a minor or a person of unsound
mind--
15 (i) to prohibit any transfer or dealing
with any land registered in the
name of that person; or
(ii) to prohibit dealing with any land
in any case in which it appears
20 that an error has been made by
misdescription of that land or
otherwise in any folio or folios of
the Register; or
(iii) for the prevention of any fraud or
25 improper dealing;";
(b) in paragraph (d), for "the Court" substitute
"a court";
(c) in paragraph (e), for "Act." substitute "Act;"
(d) after paragraph (e) insert--
30 "(f) may take any other step necessary to
protect the operation, effectiveness and
integrity of the Register, including, but
561178B.I-2/9/2009 22 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 60
not limited to, the making of a notation
on a folio of the Register.".
(2) At the end of section 106 of the Transfer of Land
Act 1958 insert--
5 "(2) The Registrar must not record in the Register
a dealing with a folio on which a caveat has
been recorded under subsection (1)(a) unless
the Registrar is satisfied that the dealing is
compatible with the purpose for which the
10 caveat was recorded.
(3) The Registrar may remove a caveat recorded
under subsection (1)(a) if the Registrar is
satisfied that the caveat is no longer required
for the purpose for which it was recorded.".
15 60 Fees to be paid under Act
After section 108(8) of the Transfer of Land Act
1958 insert--
"(9) If any application, dealing or other matter is
withdrawn after lodgment of any instruments
20 or documents in connection with the
matter--
(a) the fees paid in respect of the matter are
forfeited; and
(b) the Registrar may return all or any of
25 the instruments and documents lodged
in connection with the matter as the
Registrar thinks fit.
(10) If--
(a) the fees paid in respect of a matter are
30 forfeited under subsection (9) or
section 105; and
561178B.I-2/9/2009 23 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 61
(b) a subsequent application is made--
(i) for the same purpose; or
(ii) in respect of any instrument or
document that is relodged for
5 registration--
the fee payable in respect of the application
or relodgment is one-half of the fee
otherwise payable.".
61 Entitlement to indemnity
10 In section 110(5) of the Transfer of Land Act
1958, for "the Court" substitute "a court".
62 Service of notices
(1) In section 113(2) of the Transfer of Land Act
1958, for "as recorded in the Register may be used
15 at his" substitute "that is retained by the Registrar
may be used as that person's".
(2) For section 113(5) of the Transfer of Land Act
1958 substitute--
"(5) The Registrar may amend or alter an address
20 for service of notices if the person whose
address is retained provides--
(a) a request for amendment in an
appropriate approved form; and
(b) the relevant certificate of title or other
25 documentation which demonstrates to
the Registrar's satisfaction that the
person who is applying for the
amendment is the person whose address
is retained.".
30 63 Inspection of Register
In section 114(3) of the Transfer of Land Act
1958, for "all Courts" substitute "all courts".
561178B.I-2/9/2009 24 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 64
64 Receipt for and return of lodged documents
(1) In section 115(1) of the Transfer of Land Act
1958 omit "or some person claiming through or
under him".
5 (2) In section 115(2) of the Transfer of Land Act
1958, for "the proprietor or any other person of
any such document or certificate of title."
substitute "or at the direction of the person who
lodged the documents."
10 65 Summoning Registrar to show cause
For section 116(1) of the Transfer of Land Act
1958 substitute--
"(1) An applicant may require the Registrar to
provide in writing the grounds for the
15 Registrar's refusal of an application for the
Registrar to do any of the following--
(a) bring land under the operation of this
Act;
(b) register or record any instrument in the
20 Register;
(c) create a folio of the Register;
(d) issue a foreclosure order;
(e) do or perform an act or duty which
under this Act is an act or duty required
25 to be done or performed by the
Registrar.
(1A) An applicant who has received written
grounds from the Registrar under subsection
(1) may summon the Registrar to appear
30 before the Supreme Court or the County
Court to substantiate and uphold the grounds
of the Registrar's refusal.".
561178B.I-2/9/2009 25 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 66
(2) In section 116(3) of the Transfer of Land Act
1958, for "the Court" (wherever occurring)
substitute "the Supreme Court or the County
Court".
5 (3) In section 116(4) of the Transfer of Land Act
1958, for "The Court" substitute "The Supreme
Court or the County Court".
66 Application to Court for order requiring production
of document
10 (1) For section 116A(1) of the Transfer of Land Act
1958 substitute--
"(1) The Registrar may apply to a court by
summons or, in the case of land or any
instrument or dealing with respect to land
15 which is the subject of an order by VCAT, to
VCAT, for an order directing a person to
produce a certificate of title or document if--
(a) the Registrar has made a request under
section 104(3) for the production of a
20 certificate of title or document; and
(b) the person of whom the request was
made has failed to comply with the
request.
(1A) An interested person may apply to the court
25 by summons or, in the case of land or any
instrument or dealing with respect to land
which is the subject of an order by VCAT, to
VCAT, for an order directing another person
to produce a certificate of title or document
30 for the reasons stated in the application.".
(2) In section 116A(2) of the Transfer of Land Act
1958, for "The Court" substitute "The court".
561178B.I-2/9/2009 26 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 67
(3) In section 116A(3) of the Transfer of Land Act
1958--
(a) for "The Court " substitute "The court";
(b) in paragraphs (a) and (c), for "the Court"
5 (wherever occurring) substitute "the court";
(c) for "the Court" (where last occurring)
substitute "the court".
67 Compensation for lodging caveat without
reasonable cause
10 In section 118 of the Transfer of Land Act 1958,
for "the Court" substitute "a court".
68 Regulations
(1) In section 120(2)(a) of the Transfer of Land Act
1958, after "Act" insert "or in performing any
15 function or duty under any other Act".
(2) Section 120(2)(aa) of the Transfer of Land Act
1958 is repealed.
69 Approved forms
In sections 121(1), 121(2), 121(3), 121(4), 121(5),
20 121(6), 121(7), 121(8) and 121(9) of the Transfer
of Land Act 1958, after "Act" (wherever
occuring) insert "or in performing any function or
duty under any other Act".
70 New sections 129 and 130 inserted
25 After section 128 of the Transfer of Land Act
1958 insert--
"129 Creation of certificate of title--
transitional provision
(1) For the purposes of this section, prescribed
30 authority means a body prescribed under
section 28(4) as in force immediately before
its repeal.
561178B.I-2/9/2009 27 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 2--Transfer of Land Act 1958
s. 71
(2) Despite the repeal of section 28(3), it is not
necessary to produce a certificate of title in
respect of a folio or folios of land for which
a prescribed authority is the registered
5 proprietor if a certificate of title was not
required to be produced under that section
immediately before the commencement of
section 17 of the Land Legislation
Amendment Act 2009.
10 130 Contracts referring to Table A--
transitional provision
On and from the commencement of
section 71 of the Land Legislation
Amendment Act 2009, any reference to
15 Table A of the Seventh Schedule to this Act
in a contract is to be taken to be a reference
to Table A of that Schedule as in force
immediately before its repeal.".
71 Repeal of Seventh Schedule
20 The Seventh Schedule to the Transfer of Land
Act 1958 is repealed.
72 Repeal of Seventeenth and Eighteenth Schedules
The Seventeenth Schedule and the Eighteenth
Schedule to the Transfer of Land Act 1958 are
25 repealed.
__________________
561178B.I-2/9/2009 28 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 3--Surveying Act 2004
s. 73
PART 3--SURVEYING ACT 2004
73 Definitions
In section 3 of the Surveying Act 2004, in the See:
Act No.
definition of unprofessional conduct-- 47/2004
and
5 (a) in paragraph (c), for "misconduct." amending
Act Nos
substitute "misconduct; or"; 108/2004,
18/2005 and
(b) after paragraph (c) insert-- 80/2006.
LawToday:
"(d) conduct by a licensed surveyor that www.
contravenes a condition, limitation or legislation.
vic.gov.au
10 restriction on his or her registration.".
74 Application for registration
In section 4(2) of the Surveying Act 2004--
(a) in paragraph (d), for "fee." substitute "fee;
and";
15 (b) after paragraph (d), insert--
"(e) state the class of registration sought.".
75 Qualifications for registration
(1) In section 5(b) of the Surveying Act 2004, after
"surveying" insert "and professional skills
20 training".
(2) In section 5(c) of the Surveying Act 2004--
(a) in subparagraph (ii), for "Board; or"
substitute "Board, including a qualification
that was obtained in another country.";
25 (b) subparagraph (iii) is repealed.
(3) At the foot of section 5 of the Surveying Act
2004 insert--
"Note
The Mutual Recognition Act 1992 of the Commonwealth is
30 adopted in Victoria by section 4 of the Mutual Recognition
(Victoria) Act 1998 and the Trans-Tasman Mutual
561178B.I-2/9/2009 29 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 3--Surveying Act 2004
s. 76
Recognition Act 1997 of the Commonwealth is adopted in
Victoria by section 4 of the Trans-Tasman Mutual
Recognition (Victoria) Act 1998.
In accordance with section 17 of the Mutual Recognition
5 Act 1992 of the Commonwealth, and section 16 of the
Trans-Tasman Mutual Recognition Act 1997 of the
Commonwealth, a person who holds the right to practise
cadastral surveying in another State or Territory or in New
Zealand is, on notifying the Board, entitled to be registered
10 as a licensed surveyor in Victoria.".
76 Renewal of registration
(1) For section 7(4)(b) of the Surveying Act 2004
substitute--
"(b) has not undertaken further practical training
15 in cadastral surveying and professional skills
training required by the Board, details of
which have been published in accordance
with section 62; or".
(2) After section 7(5) of the Surveying Act 2004
20 insert--
"(6) Subsections (4)(a) and (4)(b) do not apply to
a person applying for renewal of registration
if the class of registration sought is a non-
practising class of registration.".
25 77 New section 7A inserted
After section 7 of the Surveying Act 2004
insert--
"7A Variation of registration
(1) The Board may vary the class of registration
30 of a person registered as a licensed surveyor
on an application for variation of registration
by that person.
(2) An application for variation of registration--
(a) must be made to the Board before the
35 existing registration expires; and
561178B.I-2/9/2009 30 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 3--Surveying Act 2004
s. 78
(b) must be accompanied by the relevant
fee; and
(c) must state the class of registration
sought.
5 (2) For the purposes of subsection (1)(b), the fee
may be a reduced registration fee determined
by the Board in accordance with
section 11(2).".
78 Section 11 substituted
10 For section 11 of the Surveying Act 2004
substitute--
"11 Duration of registration
(1) A registration that is granted, renewed or
restored under this Part remains in force until
15 31 December of the year in which the
registration was granted, renewed or
restored, unless sooner cancelled or
suspended.
(2) If a registration is granted or restored for a
20 period of less than 12 months, the Board may
impose a reduced registration fee
proportionate to the term of the registration
period for which the registration is granted or
restored.".
25 79 Restoration of name to the register
At the end of section 12 of the Surveying Act
2004 insert--
"(2) A person may apply under this section to
have his or her name restored to the register
30 under a different class of registration of
licensed surveyor to the class of registration
that the person held before his or her name
was removed from the register.".
561178B.I-2/9/2009 31 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 3--Surveying Act 2004
s. 80
80 The register
In section 15(3) of the Surveying Act 2004--
(a) in paragraph (d), for "surveyor." substitute
"surveyor;";
5 (b) after paragraph (d) insert--
"(e) the class of registration of the licensed
surveyor.".
81 Investigation of complaints
(1) In section 19(3) of the Surveying Act 2004--
10 (a) in paragraph (b), for "the delegation--"
substitute "the delegation; or"
(b) after paragraph (b) insert--
"(c) a person whom the Board reasonably
believes has the qualifications or
15 experience to carry out a preliminary
investigation--".
(2) After section 19(3) of the Surveying Act 2004
insert--
"(4) Despite subsection (1), the Board may refuse
20 to investigate a complaint if the Board
determines the complaint is frivolous,
vexatious, misconceived or lacking in
substance.".
82 Outcome of preliminary investigation
25 (1) In section 22(1)(b) of the Surveying Act 2004, for
"matter." substitute "matter; or"
(2) After section 22(1)(b) of the Surveying Act 2004
insert--
"(c) that the matter be settled by agreement
30 between the Board and the licensed
surveyor.".
561178B.I-2/9/2009 32 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 3--Surveying Act 2004
s. 83
83 New section 22A inserted
After section 22 of the Surveying Act 2004
insert--
"22A Board may settle matter by agreement
5 "(1) The Board may, of its own motion or on a
recommendation made under section
22(1)(c), arrange to settle a matter regarding
the professional conduct of a licensed
surveyor by agreement between the Board
10 and the licensed surveyor.
(2) Without limiting subsection (1), the Board
may enter into an agreement with a licensed
surveyor to--
(a) alter the way in which the licensed
15 surveyor practises as a licensed
surveyor;
(b) impose conditions, limitations or
restrictions on the registration of the
licensed surveyor;
20 (c) suspend the licensed surveyor's
registration for the period of time
specified by the Board;
(d) complete further practical training in
cadastral surveying and professional
25 skills training within a specified time
period.
(3) If a licensed surveyor does not comply with
the terms of an agreement made under this
section, the Board may--
30 (a) take any action that is necessary to
implement the agreement;
(b) institute a formal hearing into the
professional conduct of the licensed
surveyor.".
561178B.I-2/9/2009 33 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 3--Surveying Act 2004
s. 84
84 New section 30A inserted
After section 30 of the Surveying Act 2004
insert--
"30A Notification to licensed surveyor
5 If a formal hearing arising from a complaint
is conducted, the Board must notify the
licensed surveyor who is the subject of the
hearing, in writing, of--
(a) the findings and determinations of the
10 formal hearing; and
(b) the reasons for those findings and
determinations--
within 28 days after they are made.".
85 Notifications to complainant
15 (1) In section 31(1) of the Surveying Act 2004, after
"the complainant" (where first occurring) insert
"in writing".
(2) In section 31(2) of the Surveying Act 2004, after
"the complainant" insert ", in writing,".
20 86 Notification
In section 34(1) of the Surveying Act 2004, after
"notify" insert "in writing".
87 Claims by persons as to registration
At the end of section 35 of the Surveying Act
25 2004 insert--
"(2) A person who is registered under this Act as
a licensed surveyor and whose registration is
subject to a condition, limitation or
restriction must not--
561178B.I-2/9/2009 34 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 3--Surveying Act 2004
s. 88
(a) knowingly claim to have or hold
himself or herself out as having a
registration which is not subject to that
condition, limitation or restriction; or
5 (b) carry out any act that contravenes the
condition, limitation or restriction on
his or her registration.
Penalty: 60 penalty units.".
88 Functions and powers of Surveyor-General
10 (1) In section 42(1)(d) of the Surveying Act 2004
omit ", and to prosecute offences against
sections 38 and 39 and other offences involving
the survey control network".
(2) After section 42(1)(d) of the Surveying Act 2004
15 insert--
"(da) to investigate and bring proceedings to
prosecute offences against this Act and any
regulations made under this Act;".
89 Functions of the Board
20 (1) In section 45(f) of the Surveying Act 2004, after
"training" insert "and professional skills training".
(2) After section 45(i) of the Surveying Act 2004
insert--
"(ia) to investigate and prosecute offences against
25 this Act and any regulations made under this
Act;
(ib) to appoint a person to investigate on behalf
of the Board--
(i) the professional conduct or fitness to
30 practise of licensed surveyors;
(ii) offences against this Act and any
regulations made under this Act;".
561178B.I-2/9/2009 35 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 3--Surveying Act 2004
s. 90
(3) In section 45(j)(i) of the Surveying Act 2004,
after "cadastral surveying" insert "and
professional skills".
90 Membership of the Board
5 In section 47(2)(d) of the Surveying Act 2004, for
"and is the Surveyor and Chief Draughting Officer
in the Office of Titles" substitute "in the
Department".
91 Proceedings for offences
10 (1) For section 61(1) of the Surveying Act 2004
substitute--
"(1) Proceedings under this Act may be
brought--
(a) by the Board; or
15 (b) in the name of the Board by a person
authorised by the Board; or
(c) by the Surveyor-General.".
(2) Section 61(2) of the Surveying Act 2004 is
repealed.
20 92 Publication of certain information
In section 62(a) of the Surveying Act 2004, after
"training" insert "and professional skills training".
93 Regulations
(1) After section 63(1)(c) of the Surveying Act 2004
25 insert--
"(ca) prescribing classes of registration;".
(2) After section 63(2) of the Surveying Act 2004
insert--
"(3) The regulations may provide that fees
30 payable under the Act--
(a) may vary according to different cases
or classes of cases;
561178B.I-2/9/2009 36 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 3--Surveying Act 2004
s. 93
(b) may be reduced or waived according to
different cases or classes of cases.".
__________________
561178B.I-2/9/2009 37 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 4--Geographic Place Names Act 1998
s. 94
PART 4--GEOGRAPHIC PLACE NAMES ACT 1998
94 Extension of term of appointment
See: In section 7(2) of the Geographic Place Names
Act No.
7/1998 Act 1998, for "3 years" substitute "5 years".
and
amending
Act Nos
46/1998,
24/1999 and
2/2003.
LawToday:
www.
legislation.
vic.gov.au
__________________
561178B.I-2/9/2009 38 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 5--Subdivision Act 1988
s. 95
PART 5--SUBDIVISION ACT 1988
95 Definition of master plan
In section 3(1) of the Subdivision Act 1988, for See:
Act No.
the definition of master plan substitute-- 53/1988.
Reprint No. 6
5 "master plan in relation to a staged subdivision as at
31 December
using the procedure under section 37-- 2007
and
(a) means a plan of all the land in the amending
subdivision at the time of registration of Act Nos
2/2008 and
stage one of the plan; and 6/2008.
LawToday:
10 (b) includes any amendments to the plan www.
made under that section;". legislation.
vic.gov.au
96 The procedure for certification and registration of
plans
For section 5(3)(e) of the Subdivision Act 1988,
15 substitute--
"(e) lodge the certified plan at the Office of Titles
for registration together with--
(i) an application in the form approved by
the Registrar; and
20 (ii) the statement of compliance obtained
under paragraph (d); and
(iii) the prescribed information in respect of
the street address and lot location of
each lot on the plan; and".
561178B.I-2/9/2009 39 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 5--Subdivision Act 1988
s. 97
97 New section 22A inserted
After section 22 of the Subdivision Act 1988
insert--
"22A Registrar may refuse registration
5 (1) If, in respect of any matter under this Act,
the Registrar is of the opinion that any
document, information, evidence or notice is
necessary or desirable for the purposes of
registering an instrument or a plan, and the
10 document, information, evidence or notice is
not supplied or given within the time the
Registrar allows--
(a) the Registrar may refuse to complete or
proceed with the registration of the
15 instrument or plan; and
(b) the Registrar may return all or any of
the documents lodged in connection
with the matter as the Registrar thinks
fit; and
20 (c) the fees paid in respect of the matter are
forfeited.
(2) If, following a request by the Registrar under
subsection (1), the registration in respect of
which the request is made is withdrawn--
25 (a) the Registrar may return all or any of
the documents lodged in connection
with the matter as the Registrar thinks
fit; and
(b) the fees paid in respect of the matter are
30 forfeited.
(3) If--
(a) the fees paid in respect of a matter are
forfeited under this section; and
561178B.I-2/9/2009 40 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 5--Subdivision Act 1988
s. 98
(b) the requisition previously made by the
Registrar--
(i) has been complied with; or
(ii) is, in the opinion of the Registrar,
5 no longer necessary--
the fee payable in respect of any instruments
or plans relodged for registration is one-half
of the fee otherwise payable.".
98 Effect of registration of plans
10 After section 24(2)(b) of the Subdivision Act
1988 insert--
"(ba) any agreement under section 173 of the
Planning and Environment Act 1987
applying to land vested in a Council under
15 paragraph (a) or (b) ceases to apply to that
land; and".
99 Dealings in common property
(1) In section 31A(3) of the Subdivision Act 1988,
for "only and not the lots" substitute "and not a
20 lot owner's share in the common property".
(2) In section 31A(4) of the Subdivision Act 1988,
for "interest" (wherever occurring) substitute
"share".
100 Alteration of subdivision
25 For section 32(c) of the Subdivision Act 1988
substitute--
"(c) alter the boundaries of any land affected by
the owners corporation, whether or not the
alteration results in an increase or decrease
30 of the area of land affected by the owners
corporation;".
561178B.I-2/9/2009 41 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 5--Subdivision Act 1988
s. 101
101 Consolidation, subdivision or alteration
For section 32AI(1) of the Subdivision Act 1988
substitute--
"(1) Despite section 32, the owner or owners of a
5 lot or lots affected by an owners corporation
on a registered plan may proceed under this
subsection to consolidate, subdivide or alter
the lot or lots owned if the consolidation,
subdivision or alteration--
10 (a) subject to subsection (1A), does not
alter the boundaries or area of existing
common property; and
(b) does not alter the boundaries or lot
entitlement or liability of lots not being
15 consolidated, subdivided or altered; and
(c) does not add an area of land that is
more than 10% or, if another
percentage is prescribed, that
prescribed percentage, of the area of the
20 land in the lot or lots to be
consolidated, subdivided or altered to
the land affected by the owners
corporation.
(1A) A consolidation, subdivision or alteration
25 under subsection (1) may provide for the
addition of new common property if--
(a) a new limited owners corporation is
created in respect of that common
property; and
30 (b) the new limited owners corporation is
comprised solely of the lot owners who
are parties to the consolidation,
subdivision or alteration.".
561178B.I-2/9/2009 42 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 5--Subdivision Act 1988
s. 102
102 Total consolidation or re-subdivision of land
affected by owners corporation
(1) For section 32A(1) of the Subdivision Act 1988
substitute--
5 "(1) All of the owners of lots on a plan who are
members of one or more owners
corporations may submit for certification,
and lodge for registration, a plan
consolidating or re-subdividing all of the
10 land on the plan that is affected by the
owners corporation or owners corporations.".
(2) For section 32A(3) of the Subdivision Act 1988
substitute--
"(3) If a plan is registered under subsection (1),
15 then on registration of the plan--
(a) any owners corporation on the previous
registered plan that affected the land is
dissolved; and
(b) if the land affected by an owners
20 corporation in the previous registered
plan was vested in one lot owner, the
land vests in that lot owner; and
(c) if the land affected by an owners
corporation in the previous registered
25 plan was vested in more than one lot
owner, the land vests in the former lot
owners who were members of that
owners corporation as tenants in
common in proportion to their lot
30 entitlements in that owners corporation;
and
561178B.I-2/9/2009 43 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 5--Subdivision Act 1988
s. 103
(d) the land is freed from--
(i) any caveat, mortgage, charge,
lease or sub-lease; or
(ii) any easement under section 12,
5 unless the easement affected the
land before the registration of the
previous registered plan.".
103 Staged subdivision
In section 37(3)(c) of the Subdivision Act 1988--
10 (a) in subparagraph (iv)(D), for "stage;"
substitute "stage.".
(b) subparagraph (v) is repealed.
104 New section 46A inserted
After section 46 of the Subdivision Act 1988
15 insert--
"46A Expiry of registered plan
(1) The Registrar may determine that a plan that
was registered before the commencement of
section 44 has expired if--
20 (a) no folios for roads, lots or reserves have
been created in respect of the plan; and
(b) the land has been dealt with without
reference to the plan.
(2) If the Registrar determines under subsection
25 (1) that a plan has expired, the plan is taken
never to have been registered.".
__________________
561178B.I-2/9/2009 44 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 6--Amendments to the Forests Act 1958
s. 105
PART 6--AMENDMENTS TO THE FORESTS ACT 1958
105 Licences and permits with respect to forests
(1) In section 52(1) of the Forests Act 1958, after See:
Act No.
"licence" insert "or permit". 6254.
Reprint No. 9
5 (2) In section 52(1A) of the Forests Act 1958, for as at
18 May 2006
"specified in the licence" (wherever occurring) and
substitute "specified in the licence or permit". amending
Act Nos
(3) In section 52(1B) of the Forests Act 1958, for 60/2005,
24/2006,
"specified in the licence" (wherever occurring) 63/2006,
10 substitute "specified in the licence or permit". 58/2007,
54/2008,
(4) In section 52(1C) of the Forests Act 1958, for 6/2009,
40/2009 and
"specified in the licence" substitute "specified in 45/2009.
the licence or permit". LawToday:
www.
legislation.
(5) In section 52(2) of the Forests Act 1958 for "The vic.gov.au
15 Secretary" substitute "The Minister".
(6) In section 52(3) of the Forests Act 1958--
(a) for "of the Secretary" substitute "of the
Minister";
(b) omit "or of an authorised officer authorized
20 in that behalf by the Secretary".
(7) For section 52(5) of the Forests Act 1958
substitute--
"(5) The Minister may suspend or cancel any
licence or permit where the holder of the
25 licence or permit has failed to comply with a
prescribed covenant, term or condition of the
licence or permit or any covenant, term or
condition imposed by the Minister on the
licence or permit.".
__________________
561178B.I-2/9/2009 45 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Part 7--Repeal of Amending Act
s. 106
PART 7--REPEAL OF AMENDING ACT
106 Repeal of amending Act
This Act is repealed on 1 May 2011.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561178B.I-2/9/2009 46 BILL LA INTRODUCTION 2/9/2009
Land Legislation Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561178B.I-2/9/2009 47 BILL LA INTRODUCTION 2/9/2009
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