Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 11

Council may consent to the amendment of a certified plan

11. Council may consent to the amendment of a certified plan



(1) The owner or a person with the consent of the owner or an acquiring
authority may apply to the Council to amend a certified plan.

(2) The Council must refer the application to any referral authority referred
to in section 8 within the prescribed time, unless the application is made by
an acquiring authority.

(2A) The Council does not have to refer an application to amend a certified
plan to a referral authority if it considers that the amendment is minor and
is unlikely to affect the interests of the authority.

(3) The referral authority must inform the Council that it-

   (a)  consents to the amendment; or

   (b)  requires alterations to ensure that the plan conforms with any
        requirements it made when it consented to the plan; or

   (c)  refuses to consent-

within the prescribed time, giving its reasons for the refusal or the
alteration.

(4) If the referral authority does not reply within the prescribed time or
fails to give written reasons, it consents to the amendment.

(5) If a referral authority requires an alteration to a plan, the time
permitted for consideration of the plan is suspended until the altered plan is
submitted.



(6) If a plan contains all the alterations required by a referral authority,
the authority cannot require any further alterations or refuse to consent to
the plan.

(7) The Council must-

   (a)  re-certify the amended plan or certify a new plan; or

   (b)  advise the person who made the application to amend the certified plan
        in writing of the reasons for refusing to do so-

within the prescribed time.

(8) If a new plan is submitted for certification the existing certified plan
must be given to the Council.

(9) The certification or re-certification of a plan under subsection (7) does
not extend the period specified in section 7.

(10) If the plan was prepared by a licensed surveyor the Council must notify
the surveyor of an amendment applied for by an acquiring authority.

(11) As soon as possible after re-certifying an amended plan where the
amendment was not referred to a referral authority, the Council must give a
copy of the re-certified plan to the referral authority.