Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 21

Statement of compliance with statutory requirements

21. Statement of compliance with statutory requirements





(1) Subject to subsection (2C), 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-

   (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.

(2) In the case of a staged subdivision using the procedure under section 37-





   (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

   (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

   (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.

(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 Victorian Urban Development Authority Act 2003
levying a general development charge or infrastructure recovery charge, must-

   (a)  notify the Victorian Urban Development Authority 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

   (b)  provide the Victorian Urban Development Authority with a copy of the
        planning permit for that subdivision.

(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.

(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 the Victorian Urban Development Authority has notified
the Council under section 51ZA of the
Victorian Urban Development Authority Act 2003 that-

   (a)  a general development charge or an infrastructure recovery charge is
        not payable in respect of the subdivision; or

   (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
        the Authority under section 51Y of that Act to pay the charge.

(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.

(4) If-





   (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.





(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.

(8) Sections 179 to 183 of the Planning and Environment Act 1987 apply to the
ending or amendment of an agreement under this section.