SUBDIVISION ACT 1988 - SECT 21 Statement of compliance with statutory requirements
SUBDIVISION ACT 1988 - SECT 21
Statement of compliance with statutory requirementsS. 21(1) amended by Nos 35/2006 s. 8(1), 7/2018 s. 19(1).
(1) Subject to subsections (2C) and (2CA), a Council must issue a statement of compliance to the applicant in the prescribed form as soon as possible after—
(a) the applicant has given it the prescribed information; and
(b) it is satisfied that—
S. 21(1)(b)(i) amended by Nos 47/1989 s. 19(l), 48/1991 s. 18(1).
(i) all requirements of and under this Part and the Planning and Environment Act 1987 that relate to public works have been met; or
(ii) there is an agreement to secure compliance with those requirements.
S. 21(2) inserted by No. 47/1989 s. 8(1)(c), amended by No. 34/1994 s. 4(1).
(2) In the case of a staged subdivision using the procedure under section 37 —
S. 21(2)(a) amended by No. 48/1991 s. 18(2)(a).
(a) a statement of compliance for the master plan must contain the prescribed information; and
(b) a statement of compliance for a plan of the second or a subsequent stage must contain the prescribed information; and
S. 21(2)(c) substituted by No. 48/1991 s. 18(2)(b).
(c) a statement of compliance for the first stage (but not the residual land) is a sufficient statement of compliance to enable the master plan to be registered; and
S. 21(2)(d) inserted by No. 48/1991 s. 18(2)(b).
(d) a statement of compliance for the second or a subsequent stage (but not for the residual land on the plan for that stage) is a sufficient statement of compliance to enable that plan to be registered.
S. 21(2A) inserted by No. 35/2006 s. 8(2), amended by No. 10/2017 s. 37(1)(a).
(2A) A Council, within 7 days after receiving the request for the issue of the statement of compliance in relation to a plan of a subdivision that relates to land which is within a project area for which a resolution is in force under Division 5A of Part 3 of the Development Victoria Act 2003 levying a general development charge or infrastructure recovery charge, must—
S. 21(2A)(a) amended by No. 10/2017 s. 37(1)(b).
(a) notify Development Victoria in writing—
(i) of the receipt of that request and the date of that receipt; and
(ii) as to whether the land in the plan of subdivision has been the subject of a subdivision of land in the period of 3 years immediately preceding the date of that receipt; and
S. 21(2A)(b) amended by No. 10/2017 s. 37(1)(b).
(b) provide Development Victoria with a copy of the planning permit for that subdivision.
S. 21(2B) inserted by No. 35/2006 s. 8(2).
(2B) Subsection (2A) does not apply to a plan of subdivision that involves an alteration to the boundaries of the lots on an existing plan of subdivision but does not increase the number of lots above the number of lots on that existing plan of subdivision.
S. 21(2C) inserted by No. 35/2006 s. 8(2), amended by No. 10/2017 s. 37(1).
(2C) A Council must not issue a statement of compliance under this section in relation to a plan of subdivision for which it has given notice under subsection (2A) unless Development Victoria has notified the Council under section 51ZA of the Development Victoria Act 2003 that—
(a) a general development charge or an infrastructure recovery charge is not payable in respect of the subdivision; or
S. 21(2C)(b) amended by No. 10/2017 s. 37(2).
(b) if a general development charge or an infrastructure recovery charge is payable in respect of the subdivision, the charge has been paid or the person liable to pay the charge has entered into an agreement with Development Victoria under section 51Y of that Act to pay the charge.
S. 21(2CA) inserted by No. 7/2018 s. 19(2).
(2CA) A Council must not issue a statement of compliance under this section in relation to a plan relating to land, in respect of which an infrastructure contribution is imposed under an approved infrastructure contributions plan, unless the applicant has satisfied the Council that—
(a) in the case of a monetary component amount and any land equalisation amount of the infrastructure contribution—
(i) the applicant has paid those amounts to the collecting agency in accordance with section 46GV(3) of the Planning and Environment Act 1987 ; or
(ii) the applicant has entered into an agreement with the collecting agency under section 46GV(3) of that Act for the payment of those amounts; and
(b) if any of the land in the plan is required to be provided to the collecting agency or a development agency as part of the land component of the infrastructure contribution—that land has been set aside as a reserve or a road on the plan to vest in the collecting agency or the development agency (as the case requires) under this Act.
S. 21(3) inserted by No. 48/1991 s. 18(3), amended by No. 126/1993 s. 264(Sch. 5 item 20).
(3) A Council cannot refuse to issue a statement of compliance because a requirement made in relation to an application, approval, permit or certificate under the Building Act 1993 or in relation to regulations under that Act remains outstanding.
S. 21(4) inserted by No. 48/1991 s. 18(3).
(4) If—
S. 21(4)(a) amended by No. 34/1994 s. 4(2).
(a) the Council and the owners of all or any of the lots in a staged subdivision within the meaning of section 37(1) have entered into an agreement under Division 2 of Part 9 of the Planning and Environment Act 1987 , whether or not any other people are also parties to that agreement; and
(b) the Council is satisfied that the owners of any of the lots in a stage who entered into the agreement—
(i) have paid all money then due by them under the agreement; and
(ii) have met all other obligations then imposed under the agreement; and
(c) the Council is satisfied that, under the agreement, they have no further liability to pay money and no further obligations—
the Council may, in the statement of compliance, provide that the agreement no longer applies to specified land in that stage.
S. 21(4A) inserted by No. 34/1994 s. 4(3).
(4A) In subsection (4), stage means—
(a) for a staged subdivision using the procedure under section 37, a stage provided for in that section; or
(b) for a subdivision of land in stages not using that procedure, the land in a plan of subdivision that, in accordance with the authorising planning scheme or permit, forms one of those stages.
(5) If the statement of compliance contains a provision mentioned in subsection (4) and the agreement relates only to the land covered by that provision, then for all purposes the agreement ends on the date of issue of the statement of compliance.
(6) If a statement of compliance contains a provision mentioned in subsection (4) and the provision does not cover all the land covered by the agreement, the agreement must for all purposes be taken to have been amended, in accordance with that provision, on the date of issue of the statement of compliance.
(7) Land which was subject to a charge under section 175(4) of the Planning and Environment Act 1987 and to which, because of a provision in the statement of compliance, the agreement no longer applies, ceases to be subject to the charge on the date of issue of the statement.
S. 21(8) substituted by No. 3/2013 s. 90.
(8) Sections 179 to 183 (except sections 181(1) and 182A) of the Planning and Environment Act 1987 apply to the ending or amending of an agreement under this section.
S. 21(8A) inserted by No. 3/2013 s. 90.
(8A) Section 181(1) of the Planning and Environment Act 1987 applies to the ending or amending of an agreement under this section as if for the expression "must apply to the Registrar of Titles, without delay," there were substituted the expression "may apply to the Registrar of Titles".
S. 21(9) inserted by No. 23/2010 s. 19.
(9) A Council, within 7 days after issuing a statement of compliance under this section for a plan of subdivision relating to land in respect of which there is a GAIC recording (within the meaning of Part 9B of the Planning and Environment Act 1987 ), must give a notice to the Commissioner of State Revenue referred to in section 62 of the Taxation Administration Act 1997 that the statement has been issued and a copy of the statement unless—
(a) the issue of the statement of compliance is an excluded event (within the meaning of section 201RB of the Planning and Environment Act 1987 ); or
(b) any one of the circumstances described in section 201SA of the Planning and Environment Act 1987 applies to the land.
S. 21(10) inserted by No. 1/2020 s. 144.
(10) A Council, within 7 days after issuing a statement of compliance under this section for a plan of subdivision relating to land in respect of which there is a levy recording (within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020 ), must give the Secretary to the Department of Environment, Land, Water and Planning—
(a) written notice that the statement has been issued; and
(b) a copy of the statement; and
(c) a copy of that plan of subdivision.
S. 21A inserted by No. 47/1989 s. 19(m), amended by No. 48/1991 s. 19(a).