Victorian Consolidated Legislation

Retirement Villages Act 1986 - SECT 39

PART 7 GENERAL

Cancellation of retirement village notices

39. Cancellation of retirement village notices



(1) A retirement village notice cannot be cancelled except-

   (a)  by an agreement in writing signed by all the residents of the village
        to which the notice relates; or

   (b)  upon the publication in the Government Gazette of a declaration in
        accordance with this section; or

   (c)  in accordance with section 48.





(2) An owner of retirement village land in respect of which there is
registered or recorded on the Register a retirement village notice may apply
to the Director for a declaration that the notice is cancelled as to the whole
or any part of the land that is the subject of the notice.

(3) An application under subsection (2)-

   (a)  must be in writing; and

   (b)  must include a statutory declaration signed by the owner to the
        effect-

   (i)  the land to which the application relates is no longer used as a
        retirement village; and



   (ii) the owner has served on all the residents and former residents, and if
        residents have died, upon their legal personal representatives, notice
        in writing informing them that the owner has applied for a declaration
        under this section, explaining the consequences of the making of the
        declaration and stating that they have a right to make submissions to
        the Director within 60 days after service of the notice; and

   (c)  must include a copy of the notice served on residents mentioned in
        paragraph (b);



   (d)  if so required by the Director, must include any information that is
        reasonably necessary to establish the boundaries of the land to which
        the application relates and the use to which the land is put.

(4) Before determining whether to grant or refuse an application the Director
must consider all submissions lodged within 60 days after service of the
notice mentioned in subsection (3).

(5) The Director may grant or refuse an application under this section.



(6) On an application in accordance with this section and after considering
submissions in accordance with subsection (4) the Director may by instrument
published in the Government Gazette declare that the retirement village notice
to which the application relates is cancelled to the extent that it applies to
land that is the subject of an application that has been granted, if the
Director is satisfied that-

   (a)  the land to which the application relates is no longer used as a
        retirement village; and



   (b)  the owner has served on all residents, former residents and their
        legal personal representatives notice in accordance with this section.

(7) If there is produced to the Registrar of Titles-

   (a)  an agreement signed by all residents to the effect that a retirement
        village notice is cancelled, the Registrar may-

   (i)  delete any recordings of the notice from the Register; or

   (ii) make a recording in the Register of the cancellation of the notice- as
        the case requires; or

   (b)  a copy of the Government Gazette in which the Director has published a
        declaration that a retirement village notice (to the extent that it
        applies to land that is the subject of an application under subsection
        (2) that has been granted) is cancelled, the Registrar may-

   (i)  delete any recordings of the notice (to the extent that the notice
        applies to land that is the subject of the application under
        subsection (2) that has been granted) from the Register; or

   (ii) make a recording in the Register of the cancellation of the notice (to
        the extent that the notice applies to land that is the subject of the
        application under subsection (2) that has been granted)- as the case
        requires.

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