Victorian Consolidated Legislation

Planning and Environment Act 1987 - SECT 6A

Easements, restrictions etc.

6A. Easements, restrictions etc.



(1) In this section and in section 6(2)(g) restriction has the same meaning as
in the Subdivision Act 1988.

(2) Subject to subsection (3), a planning scheme may require a permit to be
obtained before a person proceeds under section 23, 24A or 36 of the
Subdivision Act 1988.





(3) A planning scheme must not-

   (a)  prohibit or restrict-

   (i)  the creation, variation or removal of easements or restrictions by
        agreement, prescription, abandonment, or otherwise by operation of
        law; or

   (ii) the creation, variation or removal of easements or restrictions by or
        under an Act other than the Subdivision Act 1988; or

   (iii) a person from proceeding under the Subdivision Act 1988 in relation
        to the creation, variation or removal of an easement or restriction
        referred to in subparagraph (i) or (ii); or

   (b)  regulate or provide for-

   (i)  the variation or removal of a covenant under Division 2 of Part 4 of
        the Heritage Act 1995 or section 3A of the
        Victorian Conservation Trust Act 1972; or

   (ii) the variation or removal of an easement required to be created in
        favour of a public authority, Council, Minister or other person under
        an Act other than the Subdivision Act 1988, without the consent of
        that person; or

   (c)  allow a person to proceed under section 23 of the Subdivision Act 1988
        to create, vary or remove an easement or restriction over land that
        the person does not own.





(4) A provision included in a planning scheme under section 6(2)(ga) is in
addition to section 362A of the Land Act 1958, and a person may choose whether
to proceed under that section or the provision of the planning scheme.