Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 35

PART 6 MISCELLANEOUS

Acquisition of land by acquiring authority

35. Acquisition of land by acquiring authority





(1) If an acquiring authority is to acquire or acquires land that cannot be
disposed of without being subdivided, the authority must, in accordance with
section 5(2), submit a plan to the Council for certification and lodge it for
registration as if the authority were the owner of all the land to be
subdivided by the acquisition.

(2) If a plan submitted by the authority for certification relates to part of
the land affected by an owners corporation, the Council may require the
acquiring authority to submit for certification a new plan of the land
affected by the owners corporation or to amend the plan so that it includes
all that land.

(3) A plan submitted by an acquiring authority13-

   (a)  may do anything which can be done by a plan including, but not limited
        to, one or more of the following:

   (i)  Maintain without alteration of boundaries except for the purposes of
        acquisition or to correct any minor defect in boundaries found on
        survey the number of separately disposable parcels of land in the area
        covered by the plan, excluding the land to be acquired;

   (ii) Reduce the number of separately disposable parcels of land in the area
        covered by the plan, excluding the land to be acquired;

   (iia) Alter any separately disposable parcels of land, excluding the land
        to be acquired;

   (iib) Subject to section 33(2) and (3), create new lot entitlements or lot
        liabilities;

   (iii) Create additional lots;

   (iv) Include land that the authority does not intend to acquire any part of
        which abuts other land in the plan;

   (v)  Include land any part of which abuts land in the plan that is either
        vested in or registered in the name of the authority;

   (vi) Alter the lot entitlement or liability of land on the plan;

   (via) Consolidate into a single lot all or any of the land on the plan to
        be acquired by the authority;

   (vii) Amend a registered plan in any way necessary because of the things
        done by the plan; and

   (b)  must state which land is to be acquired by the authority and whether
        it is to be acquired free from or subject to encumbrances; and

   (c)  having regard to subsection (6), must, for each thing done by the
        plan, state whether it is to happen-

   (i)  on the registration of the plan; or

   (ii) to the extent that it relates to land acquired by compulsory process,
        when the Registrar records the vesting date; or

   (iii) to the extent that it relates to land acquired by agreement, on the
        vesting date; and

   (d)  if the plan consolidates land acquired or to be acquired by the
        authority, must (despite paragraph (c)) state that the consolidation
        is to happen-

   (i)  on the registration of the plan, if all the land to be consolidated
        has been acquired by the authority before that registration; or

   (ii) if any of the land is acquired after the registration of the plan, on
        the last of the vesting dates of, or recorded for, that land.

(4) Consent to the registration of the plan is not required by any person to
the extent that the plan14-

   (a)  maintains without alteration of boundaries, except for the purposes of
        acquisition or to correct any minor defect in boundaries found on
        survey, the number of separately disposable parcels of land in the
        area covered by the plan, excluding the land to be acquired; or

   (b)  creates new lot entitlements or lot liability as a result of the
        acquisition; or

   (c)  relates to land vested in or registered in the name of the Authority;
        or



   (d)  relates to land acquired or to be acquired by the authority.



(5) Sections 5(3)(b) and 6(1)(b) do not apply to land in a plan submitted or
lodged under this section.



(6) If a plan lodged by an acquiring authority is registered-

   (a)  the authority must advise the Registrar of the vesting date of each
        piece of land in the plan acquired or to be acquired by compulsory
        process as soon as possible after that vesting date; and

   (b)  the Registrar must record the vesting dates advised by the authority;
        and

   (c)  any thing done by the plan (except consolidation) in relation to land
        to be acquired by compulsory process has effect when the Registrar
        records the vesting date of that land, and this Act applies to those
        things as if the plan were registered on that date; and

   (d)  any thing done by the plan (except consolidation) in relation to land
        to be acquired by agreement has effect on the vesting date of that
        land, and this Act applies to those things as if the plan were
        registered on that date; and

   (e)  any thing else done by the plan (except consolidation) has effect when
        the plan is registered; and



(ea) this Act applies to land on the plan that the authority acquires by
agreement as if section 24(2)(c) referred to "registered in the name of"
instead of "vested" and section 24(2A) referred to "is registered in the name
of" instead of "vests"; and

   (eb) despite paragraphs (c) and (d), the boundaries of the land to be
        acquired are those shown on the plan but the status of that land does
        not change unless in accordance with paragraph (c) or (d); and

   (f)  the holder of any relevant certificate of title for land in the plan
        must, if requested, deliver it to the Registrar; and

   (g)  if any land in the plan is not under the operation of the
        Transfer of Land Act 1958 or steps have not been taken to bring it
        under that Act, the Registrar, before registering the plan, must bring
        the land under the operation of that Act; and

   (h)  unless the plan states that land is to remain land affected by an
        owners corporation and its existing lot entitlement and liability is
        to continue, the land acquired ceases to be land affected by an owners
        corporation and to have any lot entitlement or liability-

   (i)  if it is acquired by compulsory process, when the Registrar records
        the vesting date of the land; or

   (ii) if it is acquired by agreement, on the vesting date; and

        (i)    to the extent indicated by the plan, land is consolidated into
               a single lot on the date indicated in the plan; and

   (j)  if on the registration of the plan there is still land to be acquired
        by the authority, then despite anything to the contrary in section 24
        the Registrar need not create folios of the Register for that land
        until the last of the vesting dates for or recorded for that land; and

   (k)  if the plan consolidates land into a single lot, then despite anything
        to the contrary in section 24 or paragraph (j) the Registrar need not
        create a folio of the Register for the land until the consolidation
        occurs and may then create a single folio of the Register for the land
        in the name of the authority; and

   (l)  the Registrar may create any folio of the Register in the name of the
        authority, for land on the plan that is vested in or acquired by the
        authority.

(7) This Act does not limit or affect the operation of the
Land Acquisition and Compensation Act 1986.

(8) An acquiring authority may under this section submit for certification and
lodge for registration a plan subdividing or consolidating any land vested in
it or registered in its name.



(9) Subsections (2) to (6) apply to a plan referred to in subsection (8) as
if-

   (a)  the land in the plan were land acquired by the authority;

   (b)  subsection (3)(a)(i) provided-



"(i) maintain the number of separately disposable parcels of land in the area
covered by the plan;";

   (c)  in subsection (3)(a)(ii) the reference to "excluding the land to be
        acquired" were deleted;

   (d)  subsection (3)(b)(c) and subsection (6)(a) to (d) and (ea) were
        deleted.

(10) Without limiting subsection (9), a plan referred to in subsection (8) may
do anything that can be done by a plan referred to in section 24A.