Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 24A

Reserves and other similar land

24A. Reserves and other similar land



(1) If required or authorised to do so by the planning scheme or a permit, a
person or body listed in column 1 of the Table may lodge at the Titles Office
for registration a certified plan to do any of the things listed in relation
to that person or body in column 2 of the Table in relation to the whole or
any part of land referred to in that part of the column.

TABLE Column 1 Person or body Column 2 Action A Council Vest in itself land
shown or set aside as a reserve on a registered but not certified plan. A
Council Vest in itself land on a registered but not certified plan that is not
shown or set aside as a lot, common property, road or reserve. The person or
body in whom or in which the land is vested Remove a reservation from land
shown or set aside as a reserve on a registered but not certified plan or
shown on a plan prepared under this section. The person or body in whom or in
which the land is vested Remove a reservation from land set aside as a reserve
on a certified and registered plan. The person or body in whom or in which the
land is vested Remove any restriction on the use of land vested under section
18 of the Cluster Titles Act 1974.

(1A) A plan referred to in subsection (1) may do anything else that can be
done by a plan under this Act.

(2) In addition to the requirements of this Act about the certification of
plans, the Council may certify a plan removing a reservation or restriction
prepared under subsection (1) if the applicant satisfies it that the land in
the plan need no longer be used for the purpose for which it is currently
reserved or used.

(3) In addition to section 24, on the registration of a plan prepared under
this section-

   (a)  the land in the plan vests; or

   (b)  any reservation or restriction referred to in the Table in subsection
        (1) is removed from the land in the plan-

as is specified in the plan.

(4) On the registration of a plan vesting land in a body, the land is freed
and discharged from any mortgage, charge, lease or sub-lease.

(5) On the registration of a plan removing a reservation or restriction
referred to in the Table in subsection (1) over land, the land becomes a lot.

(6) The Registrar may register a plan under this section without delivery of
any relevant certificate of title.

(7) On the registration of the plan the body in which the land is vested may-

   (a)  subject to section 20 or to any other Act under which the body is
        created, sell it; or

   (b)  use it for any purpose consistent with any Act under which it operates
        and with the planning scheme.

(8) If a body sells land under this section that was public open space, it
must apply the proceeds-

   (a)  first, in paying the expenses of or incidental to the sale;

   (b)  secondly, for any recreational or cultural purpose referred to in item
        5 of Schedule 1 of the Local Government Act 1989.