Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 23

What if a planning scheme directs the creation, removal or variation of rights?

23. What if a planning scheme directs the creation, removal or variation of
rights?



(1) If a planning scheme or permit regulates or authorises the creation,
removal or variation of an easement or restriction, the owner of the land
burdened or to be burdened by the easement or restriction must, in accordance
with the planning scheme or permit and with the
Planning and Environment Act 1987, lodge a certified plan at the Office of
Titles for registration.

(2) The consent of any other person who has an estate, interest or claim in
the land is not required to the certification and registration of a plan
referred to in subsection (1).

(3) If the planning scheme or permit also relates to the subdivision or
consolidation of land, the certified plan required by subsection (1) may be a
plan of subdivision or consolidation.



(4) If the planning scheme or a permit regulates or authorises the variation
or removal of a condition in the nature of an easement in a Crown grant, a
person may proceed under this section as if the condition were an easement
and, where a person does so, this Act applies as if any reference to an
easement included a reference to that condition.

(5) Subsection (4) applies despite anything to the contrary in the
Land Act 1958 or in a Crown grant.