Victorian Current Acts
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SUBDIVISION ACT 1988
TABLE OF PROVISIONS
1. What are the purposes of this Act?
2. When does this Act commence?
4. What does this Act apply to?
5. The procedure for certification and registration of plans
PART 2--CERTIFICATION OF PLANS
6. What must the Council do?
7. How long does certification last?
8. When must the Council refer a plan to a referral authority?
9. What must a referral authority do?
10. Council may require alterations
11. Council may consent to the amendment of a certified plan
11A. Council and referral authority may ask for information
12. Plan must show easements and other rights
13. Certification evidence of compliance with Act
PART 3--STATUTORY REQUIREMENTS FOR PLANS
14. Application of Part
15. Council or referral authority may require an engineering plan for works
16. Works must comply with standards
17. Construction and maintenance of works
18. Council may require public open space
18A. Requirement for public open space in planning scheme
19. Valuation of land for public open space
20. What must the Council do with public open space?
20A. Land to be marked out
21. Statement of compliance with statutory requirements
21A. Enforcement of agreements
PART 4--REGISTRATION OF CERTIFIED PLANS
22. When can the Registrar register a plan?
22A. Registrar may refuse registration
23. What if a planning scheme directs the creation, removal or variation of rights?
24. What is the effect of registration?
24A. Reserves and other similar land
25. Notification of Councils and referral authorities
26. Boundary plans
PART 5--SUBDIVISIONS WITH OWNERS CORPORATIONS
27. How is an owners corporation created?
27A. If there is common property an owners corporation must be created
27B. What is an unlimited owners corporation?
27C. What is a limited owners corporation?
27D. Restriction on creation of owners corporations
27E. Creation of rules
27F. Plan must specify lot entitlement and lot liability
27G. Plan may specify limitations
27H. Registrar to record information
28. Creation of owners corporation
29. Owners corporation excluded from Corporations legislation
30. Vesting of common property
31. Registrar must create folio of Register for common property
31A. Dealings in common property
32. Powers to alter subdivision
32AA. Powers do not apply to certain changes relating to common property
32AB. No power to compulsorily acquire
32AC. Creation of roads and reserves
32AD. Registration of plan
32AE. Lot liability and lot entitlement
32AF. Land to which powers may apply
32AG. Dissolution of owners corporation
32AH. Merger of owners corporations
32AI. Consolidation, subdivision or alteration
32AJ. Restriction on alteration to plan
32AK. Identity of owners corporation not affected by alteration of plan
32AL. Registration of plan of consolidation
32A. Total consolidation or re-subdivision
32B. New plan may create owners corporation
33. How can lot entitlement and liability be altered?
34. Recording of changes to a plan
34A. Disputes relating to owners corporations—general
34B. Disputes about easements
34C. VCAT may refer matter to County Court
34D. Applications relating to plans
34E. Application for order requiring owners corporation to comply
34F. Order to Registrar
34G. Winding up of an owners corporation
34H. Cancellation or amendment of plan on winding up
35. Acquisition of land by acquiring authority
36. Power of owner to acquire or remove easements
37. Staged subdivision
39. General disputes arising under this Act
40. Review of refusal or failure to decide
41. Application for declaration
41A. Parties not restricted to grounds previously notified
41B. Matters Tribunal must take into account
42. Delegation by the Minister
42A. Registrar may approve forms
44. Repeals and savings
45. References to the Register under the Transfer of Land Act 1958
46. Strata and cluster plans
46A. Expiry of registered plan
47. Transitional—Owners Corporations Act 2006
48. Continuation of proceedings
49. Transitional—Victorian Planning Authority Act 2017
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