Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 22

PART 4 REGISTRATION OF CERTIFIED PLANS10

When can the Registrar register a plan?11

22. When can the Registrar register a plan?11



(1) The Registrar may register a plan if-

   (a)  it appears to the Registrar that the plan has been certified by the
        Council and the certification remains valid; and

   (b)  the applicant provides a statement of compliance or an acquiring
        authority, Minister government department, public authority or Council
        submits a statement that the plan is exempt from Part 3; and

   (c)  in the case of a master plan, each of the persons listed in subsection
        (1A) whose encumbrance mentioned in that subsection relates to the
        land in the first stage (but not the residual land) consents in
        writing to the registration of the plan; and

   (d)  in the case of a plan for the second or a subsequent stage in a staged
        subdivision using the procedure under section 37, each of the persons
        listed in subsection (1A) whose encumbrance mentioned in that
        subsection relates to that stage (but not the residual land) consents
        in writing to the registration of the plan; and

   (da) in the case of a plan that is not a plan for a staged subdivision
        using the procedure under section 37, each of the persons listed in
        subsection (1A) whose encumbrance mentioned in that subsection relates
        to the land on the plan consents in writing to the registration of the
        plan; and

   (e)  the land is under the Transfer of Land Act 1958 and (except for a plan
        referred to in section 35) is not subject to a mortgage under the
        general law that is shown on the folio of the Register for the land;
        and



   (f)  except for a plan referred to in section 23, 24A, 32A, 35, 36 or 37 or
        Division 3 of Part 5 or that is in accordance with a court or Tribunal
        order under this Act, none of the land in the plan is land affected by
        an existing owners corporation.



(1A) For the purposes of subsection (1)(c), (d) and (da) the following are
listed persons-



   (a)  a registered mortgagee, registered lessee or registered sub-lessee;



   (b)  the registered annuitant;





   (c)  a caveator whose caveat is recorded in the Register;



   (d)  an annuitant whose charge, or a person whose mortgage, caveat, lease
        or sub-lease was lodged before the lodging of the plan.

(1AA) If a plan provides that land becomes common property, then for the
purposes of subsection (1)(c), (d) and (da) consent to the registration of the
plan is not required from any person with an interest in the common property
but not in the land.

(1AB) If a person's consent to the registration of a plan is required and the
person requests the Registrar to register the plan, the request must be taken
to be consent to the registration of the plan.

(1AC) The Registrar may treat as consent from a person whose consent to the
registration of a plan is required-

   (a)  in the case of a natural person, a consent or request to register the
        plan apparently made on behalf of that person; or

   (b)  in the case of a corporation or a statutory corporation, a consent or
        request to register the plan-

   (i)  apparently made on behalf of the corporation; or

   (ii) apparently signed by a director or other person concerned in the
        management of the corporation; or

   (iii) apparently signed by a person who manages the corporation's
        transactions or securities affecting land.

(1AD) The Registrar need not-

   (a)  enquire as to the existence or scope of the authority to sign of a
        person who signs a consent or a request to which subsection (1AB) or
        (1AC) applies; or

   (b)  call for or examine any documents relating to any of the matters
        referred to in paragraph (a).

(1B) Where a person whose consent to the registration of a plan is required
has not consented, the applicant may apply to the Registrar for service on
that person of a notice under subsection (1C).

(1C) The notice must-

   (a)  state that the applicant has applied for registration of the plan; and

   (b)  specify a day, being not less than 30 days from the service of the
        notice, before which notice of refusal to consent may be given; and

   (c)  state that the person served with the notice is to be taken to have
        consented to the registration of the plan unless before the day
        specified in the notice the person gives to the Registrar written
        notice of refusal to consent.

(1D) A person served with a notice under subsection (1B) must be taken to have
consented to the registration of the plan if before the day specified in the
notice the person has not given to the Registrar written notice of refusal to
consent.

(1E) Where a person whose consent to the registration of a plan is required
refuses to consent, the applicant for its registration may apply to the
Supreme Court for an Order consenting to the registration of the plan on
behalf of the person whose consent was required.

(1F) On the application, the Court, if satisfied that the refusal of consent
was unreasonable, may make the Order sought.

(2) If the Registrar is satisfied that a certified plan requires corrections
before it can be registered, the Registrar may-

   (a)  if satisfied that the corrections are minor in nature, make them, or
        require the applicant to make them on the certified plan, without
        returning the plan to the applicant for it to be amended under section
        11; or

   (b)  in any other case, return the plan to the applicant to be amended
        under section 11.