SUBDIVISION ACT 1988

Victorian Consolidated Legislation

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SUBDIVISION ACT 1988 - NOTES

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

ENDNOTES

1. General Information
Minister's second reading speech-
Legislative Assembly: 13 October 1987
Legislative Council: 12 April 1988
The long title for the Subdivision Act 1988 was "A Bill relating to the subdivision of land and for other purposes.".
The Subdivision Act 1988 was assented to on 31 May 1988 and came into operation on 30 October 1989: Government Gazette 4 October 1989 page 2532.
2. Table of Amendments
This Version incorporates amendments made to the Subdivision Act 1988 by Acts and subordinate instruments.
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Local Government (Consequential Provisions) Act 1989, No. 12/1989 (as amended by No. 53/1988 (as amended by No. 47/1989))
Assent Date:
9.5.89
Commencement Date:
S. 4(1)(Sch. 2 item 114.1) on 1.11.89: Government Gazette 1.11.89 p. 2798
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988
Transfer of Land (Computer Register) Act 1989, No. 18/1989 (as amended by No. 48/1991)
Assent Date:
16.5.89
Commencement Date:
All of Act on 3.2.92: Government Gazette 18.12.91 p. 3488
Current State:
All of Act in operation
Subdivision (Amendment) Act 1989, No. 47/1989
Assent Date:
6.6.89
Commencement Date:
6.6.89
Current State:
All of Act in operation
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 4(1)(a)-(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
Current State:
All of Act in operation
Water (Consequential Amendments) Act 1989, No. 81/1989
Assent Date:
5.12.89
Commencement Date:
1.11.90: Government Gazette 15.8.90 p. 2473
Current State:
All of Act in operation
Subdivision (Further Amendment) Act 1989, No. 92/1989
Assent Date:
5.12.89
Commencement Date:
12.12.89: Government Gazette 6.12.89 p. 3127
Current State:
All of Act in operation
Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991
Assent Date:
25.6.91
Commencement Date:
Ss 38(2)(f)(3), 56(2)(3), 65 on 30.10.89: s. 2(2); rest of Act (except ss 50, 53(5), 57) on 25.6.91: s. 2(4); s. 53(5) on 1.10.92: s. 2(1); ss 50, 57 on 3.2.92: i.e. same day as s. 7 of Act No. 18/1989
Current State:
All of Act in operation


Subdivision (Amendment) Act 1993, No. 57/199320
Assent Date:
8.6.93
Commencement Date:
All of Act (except s. 17 (4)) on 8.6.93: s. 2 (2); s. 17(4) on 30.10.89: s. 2 (1)
Current State:
All of Act in operation
Land (Further Amendment) Act 1993, No. 79/1993
Assent Date:
3.11.93
Commencement Date:
3.11.93
Current State:
All of Act in operation
Building Act 1993, No. 126/1993
Assent Date:
14.12.93
Commencement Date:
S. 264(Sch. 5 item 20) on 1.7.94: Special Gazette (No. 42) 1.7.94 p. 1
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988
Subdivision (Further Amendment) Act 1994, No. 34/1994
Assent Date:
31.5.94
Commencement Date:
31.5.94
Current State:
All of Act in operation
Valuation of Land (Amendment) Act 1994, No. 91/1994
Assent Date:
6.12.94
Commencement Date:
S. 36(9) on 1.1.95: s. 2(2)
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date:
2.6.98
Commencement Date:
S. 311(Sch. 1 item 86) on 1.7.98: Government Gazette 18.6.98 p. 1512
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988
Transfer of Land (Single Register) Act 1998, No. 85/1998
Assent Date:
17.11.98
Commencement Date:
S. 24(Sch. item 57) on 1.1.99: s. 2(3)
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988
Planning and Environment (Amendment) Act 2000, No. 28/2000
Assent Date:
30.5.00
Commencement Date:
S. 23 on 31.5.00: s. 2(1)
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988

Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 119) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date:
27.6.01
Commencement Date:
S. 3(Sch. item 106) on 15.7.01: s. 2
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988
Surveying Act 2004, No. 47/2004
Assent Date:
16.6.04
Commencement Date:
Ss 71(Sch. item 4), 72 on 1.1.05: s. 2(2)
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988
Planning and Environment (General Amendment) Act 2004, No. 81/2004
Assent Date:
16.11.04
Commencement Date:
S. 51 on 23.5.05: Government Gazette 19.5.05 p. 930
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988
Victorian Urban Development Authority (Amendment) Act 2006, No. 35/2006
Assent Date:
13.6.06
Commencement Date:
S. 8 on 1.9.06: s. 2(2)
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988
Owners Corporations Act 2006, No. 69/2006
Assent Date:
19.9.06
Commencement Date:
Ss 206-216 on 31.12.07: s. 2(2)
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988
Planning and Environment Amendment Act 2007, No. 47/2007
Assent Date:
25.9.07
Commencement Date:
Ss 20-22 on 26.9.07: s. 2(1)
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988
Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008
Assent Date:
11.2.08
Commencement Date:
Ss 32, 33 on 12.2.08: s. 2(1)
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988
Consumer Credit (Victoria) and Other Acts Amendment Act 2008, No. 6/2008
Assent Date:
18.3.08
Commencement Date:
S. 37 on 19.3.08: s. 2(1)
Current State:
This information relates only to the provision/s amending the Subdivision Act 1988
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3. Explanatory Details

1 S. 3(1) def of master plan: Section 9 of the Subdivision (Further Amendment) Act 1994, No. 34/1994 reads as follows:
	9.	Transitional provisions regarding staged subdivisions
	(1)	If, before the commencement of this Act, a planning scheme or permit under the Planning and Environment Act 1987 authorised the subdivision of land in stages and, instead of using the procedure under section 37 of the Subdivision Act 1988, the other provisions of that Act were used for that subdivision, that subdivision is as valid as if when it was done and since then, section 37(2) of that Act as amended by this Act were in operation.
	(2)	Subsection (1) applies to each stage of the subdivision.

2 S. 3(3): Section 23 of the Subdivision (Amendment) Act 1993, 
No. 57/1993 reads as follows:
	23.	Variations of easements and restrictions
	(1)	The amendments made to the Principal Act by section 4 apply to-
	(a)	a variation of an easement or restriction authorised by a planning scheme or permit, whether before or after the commencement of that section; and
	(b)	a plan submitted for certification or lodged for registration before or after that commencement.
	(2)	Subsection (1) does not affect-
	(a)	the certification or registration of a plan under the Principal Act before the commencement of this section; or
	(b)	any requirement made before the commencement of this section by the Council or the Registrar in relation to a plan of variation of an easement or restriction under the Principal Act; or
	(c)	anything done before or after the commencement of this section to comply with a requirement referred to in paragraph (b).

3 S. 4(1)(c)(iv): Section 29 of the Subdivision (Amendment) Act 1993, 
No. 57/1993 reads as follows:
	29.	Compulsory acquisition of easements
	(1)	The amendments made to the Principal Act by section 15 of this Act and the amendments made to the Transfer of Land Act 1958 by section 19 of this Act do not apply to a plan for the compulsory acquisition of an easement that is submitted for certification before the date of commencement of sections 15 and 19.
	(2)	The provisions of the Principal Act referred to in section 15 of this Act and section 72 of the Transfer of Land Act 1958 continue to apply to a plan referred to in subsection (1), as if sections 15 and 19 had not been enacted.

4 S. 4(1C): See note 3.

5 Pt 2: Section 44 of the Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991 reads as follows:
	44.	Transitional provisions: plans and other matters
	(1)	Subject to this section, an amendment made to the Principal Act by a provision of this Part, other than an amendment made by sections 4, 38 and 41, applies only to-
	(a)	a plan submitted for certification or lodged for registration; or
	(b)	a dealing or other matter occurring-
on or after the date of commencement of that provision.
	(2)	The Principal Act continues to apply (as if this Act had not been enacted) to-
	(a)	a plan submitted for certification or lodged for registration; or
	(b)	the continuation or completion of any other dealing or matter begun-
before the commencement of this subsection or not later than 6 months after the commencement.
	(3)	Despite subsection (2), if-
	(a)	a plan submitted for certification or lodged for registration; or
	(b)	a dealing or matter begun-
before the commencement of this section or not later than 6 months after that commencement complies with the Principal Act as amended by any provision of this Part, the Council or Registrar must deal with it as if, when it was submitted or lodged, or began, the amendment to the Principal Act were in operation.
	(4)	Subsection (1) does not prevent the submission of a new plan or the amendment or re-certification of an existing plan in accordance with an amendment made to the Principal Act by this Part.
	(5)	In this section matter means an agreement or a public open space requirement.


6 S. 12(1B): Section 24 of the Subdivision (Amendment) Act 1993, 
No. 57/1993 reads as follows:
	24.	Recording of easements
The amendments made to section 12 of the Principal Act by section 7 of this Act apply to plans under the Principal Act submitted for certification or lodged for registration before or after the commencement of section 7.

7 S. 14(1): Section 25 of the Subdivision (Amendment) Act 1993, 
No. 57/1993 reads as follows:
	25.	Application of Part 3 of the Principal Act
The amendments to section 14 of the Principal Act made by section 8 of this Act apply to plans submitted for certification before or after the commencement of section 8.

8 S. 18: Section 45 of the Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991 reads as follows:
	45.	Transitional provisions: public open space requirements
Without limiting section 44, if-
	(a)	before the commencement of section 14 a public open space requirement was made under the Principal Act; and
	(b)	the requirement could not be made under the Principal Act as amended by that section; and
	(c)	at the date of commencement of that section the requirement has not been complied with-
the requirement must for all purposes be taken never to have been made.

9 S. 18: Section 26 of the Subdivision (Amendment) Act 1993, No. 57/1993 reads as follows:
	26.	Public open space requirements
	(1)	This section has effect despite anything to the contrary in the Principal Act as amended by this Act or in section 45 of the Subdivision (Miscellaneous Amendments) Act 1991.
	(2)	Section 18 of the Principal Act as amended by section 9 of this Act applies to a public open space requirement made on or after the date of commencement of section 9.
	(3)	Subject to subsection (4) a requirement which purported to have been made under section 18 of the Principal Act as in force at any time before the commencement of section 9 of this Act is not, and must be taken never to have been, invalid merely because it was made more than 7 days before the Council issued its statement of compliance.
	(4)	Subsection (3) does not apply to a requirement which, under section 45 of the Subdivision (Miscellaneous Amendments) Act 1991, is taken by force of that section never to have been made if another requirement under section 18 of the Principal Act as amended by that Act has been made in relation to the same plan.
	(5)	If a requirement referred to in subsection (3) specifies a date for compliance that falls before the date of commencement of section 9 of this Act, and at that date of commencement the requirement has not been complied with, then by force of this section, the requirement has effect, and must be taken always to have had effect, as if it specified a date for compliance that is the 28th day after the date of commencement of that section.

	(6)	This section does not invalidate-
	(a)	the issue of any statement of compliance under the Principal Act as in force at any time before the commencement of section 9 of this Act; or
	(b)	the registration, before or after that date of commencement, of a plan where the statement of compliance was issued before that date of commencement; or
	(c)	any requirement made under section 18 of the Principal Act-
	(i)	as in force before the date of commencement of section 14 of the Subdivision (Miscellaneous Amendments) Act 1991, if that requirement has been complied with at that date of commencement; or
	(ii)	as in force on or after the commencement of section 14 of that Act and before the commencement of section 9 of this Act, if the requirement was made not more than 7 days before the Council issued its statement of compliance.

10 Pt 4: See note 5.
11 S. 22: Section 27 of the Subdivision (Amendment) Act 1993, 
No. 57/1993 reads as follows:
	27.	Plan registration
	(1)	The amendments made to section 22 of the Principal Act by section 10(1) and (2) of this Act apply to plans under the Principal Act lodged for registration before or after the commencement of that subsection.
	(2)	The amendments to section 22 of the Principal Act made by section 10(3) of this Act apply to plans lodged for registration on or after the date of commencement of that subsection.
	(3)	Section 22 of the Principal Act continues to apply to plans lodged for registration before the commencement of section 10(3) of this Act as if that subsection had not been enacted.

12 S. 25: Section 47 of the Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991 reads as follows:
	47.	Transitional provisions: Notice of easement registration
If before the repeal of section 25(4) of the Principal Act a creation, variation or removal of an easement or restriction was registered under the Transfer of Land Act 1958 and the easement or restriction is not part of a plan of subdivision or consolidation, the Registrar need not give the Council notice of that registration.

13 S. 35(3): Section 28 of the Subdivision (Amendment) Act 1993, 
No. 57/1993 reads as follows:
	28.	Acquisition plans
	(1)	The amendments made to section 35 of the Principal Act by section 14(1)(a) and (2)(a) of this Act apply to a plan lodged for registration before or after the commencement of those provisions.
	(2)	Subsection (1) does not affect-
	(a)	any requirement made by the Registrar in relation to a plan referred to in subsection (1) before the date of commencement of section 14(1)(a) and (2)(a); or
	(b)	anything done, before or after that date of commencement, to comply with that requirement.

14 S. 35(4): See note 13.

15 S. 36(1): Section 10 of the Subdivision (Further Amendment) Act 1994, No. 34/1994 reads as follows:
	10.	Transitional provisions regarding statements under section 36
	(1)	Section 36 of the Subdivision Act 1988 continues to apply to statements made by councils before the commencement of this Act as if Part 2 of this Act had not been enacted.
	(2)	Section 36 of the Subdivision Act 1988 as amended by this Act applies to statements made by councils on or after the commencement of this Act.

16 S. 36(1AA): See note 15.
17 S. 36(2)(a): See note 3.
18 S. 37: See note 1.
19 S. 39: Section 43 of the Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991 reads as follows:
	43.	Transitional provisions: proceedings
	(1)	In this section relevant date means-
	(a)	for a provision of this Act that commences not later than the day on which this Act receives the Royal Assent, the date of the Royal Assent; or
	(b)	for any other provision of this Act, the date of commencement of that provision.

	(2)	A proceeding commenced before the relevant date before a Court or Tribunal may, on and from that date, be continued or completed as if this Act had not been enacted.
	(3)	A proceeding by way of appeal or review of a proceeding mentioned in subsection (2) may be commenced, continued or completed before on or after the relevant date as if this Act had not been enacted.

20 Table of Amendments, Subdivision (Amendment) Act 1993: Section 32 of the Subdivision (Amendment) Act 1993, No. 57/1993 reads as follows:
	32.	General transition provisions
	(1)	This Part does not affect or limit the operation of the Interpretation of Legislation Act 1984.
	(2)	This Part does not prevent a plan to which, by virtue of this Part, an amendment made by this Act to the Principal Act does not apply from being amended in accordance with the Principal Act to comply with the provision of the Principal Act as so amended, and if that plan is so amended that amended provision applies to it.

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Part 4-Registration of Certified Plans


Subdivision Act 1988
No. 53 of 1988