Victorian Consolidated Legislation

SUBDIVISION ACT 1988

No. 53 of 1988
Version incorporating amendments as at 19 March 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      What are the purposes of this Act?
   2.      When does this Act commence?
   3.      Definitions
   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,
   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?
   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

           Division 1-Creation of owners corporation

   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
   28A.    Repealed
   29.     Owners corporation excluded from Corporations legislation
   29A.    Repealed

           Division 2-Common property

   30.     Vesting of common property
   31.     Registrar must create folio of Register for common property
   31A.    Dealings in common property

           Division 3-Alteration of a subdivision

   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

           Division 4-General provisions relating to plans

   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

           Division 5-Disputes and other proceedings relating to owners corporations

   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

           Division 6-Winding up of owners corporation

   34G.    Winding up of an owners corporation
   34H.    Cancellation or amendment of plan on winding up

   PART 6-MISCELLANEOUS

   35.     Acquisition of land by acquiring authority
   36.     Power of owner to acquire or remove easements
   37.     Staged subdivision
   38.     Repealed
   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
   43.     Regulations
   44.     Repeals and savings
   44A.    References
   45.     References to the Register under the Transfer of Land
           Act 1958.
   46.     Strata and cluster plans
   47.     Transitional-Owners Corporations Act 2006.
   48.     Continuation of proceedings
           49, 50. Repealed
           __________________
           SCHEDULE 1-Repealed
           SCHEDULE 2-Strata and Cluster Subdivisions
           1. Definitions
           2. Act to apply to strata or cluster plans and redevelopment
           3. Folios of the Register and certificates of title
           4. Administrators
           5. Boundaries
           6. Effect of notice of restriction
           7. Updating plans
           8. Accessory lots
           9. Amendment of plans
           10. Additional powers of strata or cluster bodies corporate
           11. Enforcement of schemes of development
           12. Stage development
           SCHEDULE 3-Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details