SUBDIVISION ACT 1988
Table of Provisions
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?
- 7A Notifications following certifications in relation to land in respect of which there is a levy recording
- 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
- 11B Amendment to plan sealed by council
- 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 require documents and information
- 22B Registrar to refuse registration if documents or evidence not supplied
- 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 Purposes of an unlimited owners corporation
- 27C Limited owners corporations
- 27D Restriction on creation of owners corporations
- 27E Creation of rules
- 27EA Initial owner to engage surveyor
- 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
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 Amendment to accessory lot on plan
- 38A Amendment to restricted lot on plan
- 38B Application by owners corporation for amendment to scheme of development for cluster subdivision
- 38C Application by lot owner for amendment to scheme of development for cluster subdivision
- 38D Power of Registrar to deal with applications under section 38B or 38C
- 38E Consent for amendment to plan
- 38F Proceedings for further stages of development of land in plan of cluster 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
- 43 Regulations
- 44A References
- 46 Strata and cluster plans
- 46A Expiry of registered plan
- 47 Transitional—Owners Corporations Act 2006 --Divisions 1 and 2 of Part 5
Division 6--of Part 5
Division 3--of Part 5
Division 4--of Part 5
- 48 Continuation of proceedings
- 49 Transitional—Victorian Planning Authority Act 2017