Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 37

Staged subdivision18

37. Staged subdivision18



(1) A staged subdivision is a scheme for the subdivision of land in stages.

(2) If a planning scheme or permit authorises a staged subdivision, that
staged subdivision may be done-

   (a)  as a series of separate subdivisions in accordance with the provisions
        of this Act other than this section; or

   (b)  by using the procedure set out in subsections (3) to (10).

(3) If a planning scheme or permit authorises a staged subdivision and the
procedure in this section is used-

   (a)  a master plan must be submitted for certification and lodged for
        registration and must specify the lots in the first stage and contain
        the prescribed information; and

   (b)  a plan for the second or a subsequent stage must contain the
        prescribed information; and

   (c)  a plan for the second or a subsequent stage may do any one or more of
        the following-

   (i)  create additional lots on, or alter the lots on, the land in that
        stage;

   (ii) in relation to the land in that stage, create an owners corporation,
        common property, lot entitlement or lot liability;

   (iii) create, vary or remove an easement or restriction over land in that
        stage;

   (iiia) Set aside additional roads or reserves on the land in that stage;

   (iv) Amend the master plan or a plan for an earlier stage by-

                (A)  adding to the membership of an existing owners
                     corporation; or

                (B)  adding to existing common property; or

                (C)  Subject to sections 33(2) and (3), changing lot
                     entitlement or liability of existing lots; or

                (D)  showing land on that plan as land benefited by an
                     easement or restriction created over the land in the plan
                     for the second or subsequent stage;

   (v)  Amend the master plan or a plan for an earlier stage in any way not
        provided for in subparagraph (iv) if-

                (A)  the amendment does not affect common property; and

                (B)  section 22 is complied with, but as if it required
                     consent to the amendment in respect of any lot on the
                     master plan or a plan for an earlier stage shown on the
                     plan sought to be registered as being affected by it and
                     as if the persons listed in section 22(1A) included each
                     person who, before the lodging of the plan, is an owner
                     or transferee under an instrument lodged for
                     registration.

(4) The amendment of a registered plan under this section does not affect the
legal identity or continuity of operation of an owners corporation created on
the plan.

(5) A plan for a second or a subsequent stage may be submitted for
certification and lodged for registration by the owner of all the land in that
stage or the applicant for the certification and registration of the master
plan, and, if an owners corporation is created on the master plan or a plan
for an earlier stage, the unanimous resolution of the owners corporation is
not required for any change made to that plan by a plan for a subsequent
stage.

(6) When registering a master plan, the Registrar must record the prescribed
information.





(7) When registering a plan for the second or a subsequent stage, the
Registrar must-

   (a)  record the prescribed information; and

   (b)  make any necessary amendments to the information recorded for any
        earlier stage that are necessary because of the registration of the
        subsequent plan.

(8) A plan for the second or a subsequent stage may take the land in that
stage or in that or any future stages out of the staged subdivision and, if it
does this-

   (a)  must amend the master plan so as to show the land as a lot on the
        plan; and

   (b)  subject to section 33(2) and (3), must make any necessary amendments
        to lot entitlement and liability; and

   (c)  may provide that the land in the plan becomes a lot affected by any
        relevant owners corporation.

(9) On the registration of a plan referred to in subsection (8)-

   (a)  this section ceases to apply to the land in the plan; and



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   (c)  any requirement made in the statement of compliance for the master
        plan ceases to apply to the land in the newly registered plan.





(10) A plan referred to in subsection (8) may amend the master plan or a plan
for any earlier stage in any way necessary because the land in the plan is
taken out of the staged subdivision.



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