Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 3

Definitions

3. Definitions



(1) In this Act-



acquire in relation to an acquiring authority, means acquire by agreement or
by compulsory process;

acquiring authority means any person or body of persons authorised to acquire
land compulsorily;

applicant means-

   (a)  a person who applies to the Council for certification of a plan; or

   (b)  a person who applies to the Registrar to have a certified plan
        registered;

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building includes-

   (a)  a structure and part of a building or a structure; and

   (b)  walls, out-buildings, service installations and other appurtenances of
        a building; and

   (c)  a boat or a pontoon which is permanently moored or fixed to land;

certified plan means a plan certified by a Council for lodging in the Office
of Titles for registration;

charge includes-

   (a)  a charge under section 74 of the Transfer of Land Act 1958; or

   (b)  a charge on land created under an Act other than this Act or the
        Transfer of Land Act 1958;

Council means the Council of the municipal district in which the land in the
plan is located;

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land includes buildings and airspace;

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land affected by an owners corporation means the lots the owners for the time
being of which are the members of the owners corporation together with the
common property for which the owners corporation is responsible;

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limited owners corporation has the meaning set out in section 27C;



lot means a part (consisting of one or more pieces) of any land (except a
road, a reserve or common property) shown on a plan which can be disposed of
separately and includes a lot or accessory lot on a registered plan of strata
subdivision and a lot or accessory lot on a registered cluster plan; lot
affected by an owners corporation means a lot the owner for the time being of
which is a member of the owners corporation;

lot entitlement in relation to a lot affected by an owners corporation, means
a number specified in the plan as the lot entitlement for that lot, expressing
the extent of the lot owner's interest in any common property affected by the
owners corporation;



lot liability in relation to a lot affected by an owners corporation, means a
number specified in the plan as the lot liability for that lot, expressing the
proportion of the administrative and general expenses of the owners
corporation that the lot owner is obliged to pay;



master plan in relation to a staged subdivision using the procedure under
section 37, means a plan of all the land in the subdivision1;



owner means-

   (a)  for land under the Transfer of Land Act 1958 (other than land in an
        identified folio under that Act), the registered proprietor of the fee
        simple in the land, or a person who is empowered by or under an Act to
        execute a transfer of the land;

   (b)  for land in an identified folio under the Transfer of Land Act 1958 or
        land not under the Transfer of Land Act 1958, a person who has an
        estate in fee simple in the land (except a mortgagee), or is empowered
        by or under an Act to convey an estate in fee simple in the land;
        owners corporation means a body corporate that is incorporated by
        registration of-

   (a)  a plan of subdivision; or

   (b)  a plan of strata subdivision; or

   (c)  a plan of cluster subdivision;

plan means a plan under section 24A, 32B or 37 or Division 3 of Part 5 or a
plan of-

   (a)  subdivision; or

   (b)  consolidation; or

   (c)  creation, variation or removal of an easement or restriction;

permit means a permit under the Planning and Environment Act 1987;

plan of subdivision means a plan showing the subdivision of land;

planning scheme means a planning scheme under the
Planning and Environment Act 1987;

public authority means a body established for a public purpose by or under any
Act but does not include a municipal council;

public open space means land set aside in a plan or land in a plan zoned or
reserved under a planning scheme-

   (a)  for public recreation or public resort; or

   (b)  as parklands; or

   (c)  for similar purposes;

public works means-

   (a)  the provision of roads, reserves, open spaces or services within a
        subdivision; or

   (b)  fencing, landscaping, and road works outside the subdivision for
        roads, reserves or public open space related to the subdivision; or

   (c)  works for sewerage, drainage, water supply, power, gas or telephone to
        connect the subdivision to the system serving properties outside it,
        excluding works to connect any particular property to the system for
        the subdivision; or

   (d)  prescribed works;

referral authority means a person or body specified in the planning scheme as
a referral authority to which an application for a permit or a plan must be
referred, or which must be satisfied that things have been done;

registered cluster plan means a plan of cluster subdivision registered under
the Cluster Titles Act 1974 and, if that plan is amended, that plan as amended
and in force for the time being;

registered plan of strata subdivision means a plan of strata subdivision
registered under the Strata Titles Act 1967 and, if that plan is amended, that
plan as amended and in force for the time being;

registered plan means-

   (a)  a plan registered or approved by the Registrar under any Act, whether
        before or after the commencement of section 44; or

   (b)  a map or plan deposited or lodged with the Registrar under section 97
        of the Transfer of Land Act 1954 or a corresponding previous or
        subsequent enactment;

Registrar has the same meaning as it has in the Transfer of Land Act 1958;

reserve means land set aside as public open space, or for the use of a public
authority or the Council;

residual land in relation to a staged subdivision, means-

   (a)  land on the master plan that is not part of the first stage and is
        shown on the plan as another stage; or

   (b)  land on a plan for the second or a subsequent stage that is not part
        of that stage and is shown on the plan as another stage;

responsible authority means a responsible authority under the
Planning and Environment Act 1987;

restriction means a restrictive covenant or a restriction which can be
registered, or recorded in the Register under the Transfer of Land Act 1958;

site value means market value on the assumptions that there were no
improvements and no leases, mortgages or charges affecting the land;

subdivision means the division of land into two or more parts which can be
disposed of separately;

terms contract has the same meaning as in the Sale of Land Act 1962;



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unlimited owners corporation has the meaning set out in section 27B;



vesting date means the date on which a notice of acquisition under the
Land Acquisition and Compensation Act 1986 is published in the Government
Gazette or, if land is acquired by agreement the date on which the land is
registered in the name of the acquiring authority under the agreement;

works includes any changes to the natural or existing condition or topography
of land including the removal, destruction or lopping of trees and the removal
of vegetation or topsoil;

(2) Subject to the regulations, a plan may contain information in any form,
including words and drawings.

(3) For the purposes of this Act, the creation, variation or removal of an
easement or restriction must be taken to be authorised by a permit (whether
granted before or after the commencement of this subsection) or a planning
scheme if the permit or scheme (by condition or otherwise)-

   (a)  in any way requires, directs or allows; or

   (b)  in any other way provides for-

that creation, variation or removal2.

(4) If a planning scheme or permit regulates or authorises the variation of an
easement or restriction, that scheme or permit must be taken to include an
authorisation to make the variation by removing the easement or restriction to
be varied and creating a new easement or restriction in the varied form.

(5) Without limiting Part 2, a Council or referral authority may, under that
Part, require a plan varying an easement or restriction to be altered so that
it removes an existing easement or restriction and creates a new easement or
restriction in accordance with the planning scheme or permit.

(6) Without limiting Part 4, the Registrar, under section 22, may require an
applicant to amend, or may amend, a plan of variation of easement or
restriction so that the plan removes an existing easement or restriction and
creates a new easement or restriction in accordance with the planning scheme
or permit.

(7) A plan amended in accordance with subsection (6) does not have to be
recertified.



(8) If a planning scheme or permit authorising the variation of an easement
under section 98 of the Transfer of Land Act 1958 does not specify the land
benefited by the easement, the easement must be taken to benefit the whole of
the land in the subdivision in respect of which it was created.