Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 24

What is the effect of registration?

24. What is the effect of registration?



(1) The registration of a plan takes effect from the time that the Registrar
records that the plan has been registered.

(2) Upon registration-

   (a)  land set aside as a reserve vests in the body named in the plan freed
        and discharged from any mortgage, charge, notice or memorandum of
        charge, restriction, lease or sub-lease; and

   (b)  land set aside as a road vests in the Council or any other person or
        body identified for that purpose in the plan freed and discharged from
        any mortgage, charge, notice or memorandum of charge, restriction,
        lease or sub-lease; and

   (c)  any road vested in the Council becomes a public highway; and

   (d)  any easement, restriction or other right is created, varied or removed
        as specified in the plan; and

   (da) any right to take water conferred by section 8 of the Water Act 1989
        is allocated as specified in the plan; and



   (e)  any easements or rights implied by section 12(2) are created; and



   (f)  the registered plan replaces or modifies any previous registered plan;
        and

   (g)  if it is a plan referred to in section 23, 24A, 32B, 35 or 37 or
        Division 3 of Part 5, the registered plan amends any previous
        registered plan in the ways indicated in that later registered plan.

(2A) When the land set aside as a road vests in a Council, person or body-

   (a)  the land continues under the operation of the
        Transfer of Land Act 1958 and the Council, person or body is deemed to
        be its registered proprietor; and

   (b)  the Registrar need not create a folio of the register or produce a
        certificate of title for the land; and

   (c)  the Registrar may delete any folio of the register so far as it
        relates to that land.

(3) The Registrar must create a folio of the Register under the
Transfer of Land Act 1958 for-

   (a)  each lot; and

   (b)  each reserve.

(4) Despite anything in subsection (3) of this section or in section 28(e),
the Registrar may decide not to create a folio of the Register under the
Transfer of Land Act 1958 if-

   (a)  a document required by the Registrar has not been submitted or lodged;
        or



   (b)  there is an order of a court or the Victorian Civil and Administrative
        Tribunal prohibiting the creation of the folio of the Register; or



   (c)  the creation of a folio of the register is not required by the owner
        and its creation would not be desirable; or

   (d)  in the opinion of the Registrar, other special circumstances make the
        creation of the folio of the Register undesirable or unnecessary.

(5) The Registrar must make any amendments to any registered plan or to the
Register under the Transfer of Land Act 1958 that are necessary because of the
operation of this Act.

(6) Where a plan amending a previous registered plan is lodged for
registration, it must be accompanied by substitute sheets for the sheets of
the registered plan that require amendment, and the Registrar may substitute
those sheets for the appropriate sheets of the registered plan and, on the
making of the substitution, those substituted sheets form part of the
registered plan.