Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 4

What does this Act apply to?

4. What does this Act apply to?



(1) This Act applies to-

   (a)  subdivision of land; and

   (b)  consolidation of land; and

   (c)  the creation, variation or removal of any easement or restriction-

   (i)  as part of a plan of subdivision or consolidation; or

   (ii) in accordance with a planning scheme or permit; or

   (iii) in any other circumstances set out in section 6(1)(j) or (k); or

   (iv) under Division 3 of Part 5 or section 36(2)(b)3; and



   (d)  the creation of, or dealing with, common property; and





   (e)  an owners corporation; and





   (f)  plans under sections 24A, 32B and 37 and Division 3 of Part 5; and





   (g)  a subdivision brought about by disposition or acquisition of land in
        Victoria by-

   (i)  the Crown in right of the State of Victoria; or

   (ii) a body established under an Act.

(1A) A person (including the Crown in any right and a body established under
the law of Victoria, the Commonwealth or another State) to whom this Act would
not otherwise apply may elect to proceed under this Act and the
Transfer of Land Act 1958.

(1B) If a person other than an acquiring authority acquires land compulsorily
or acquires by agreement land which it may acquire compulsorily and proceeds
under this Act, this Act applies as if the person were an acquiring authority
and as if this Act referred to the Act or law under which the person acquired
the land and not to the Land Acquisition and Compensation Act 1986.

(1C) A plan is not required under this Act to acquire an easement compulsorily
under section 364.



(2) This Act does not apply to the disposition or acquisition of any land-

   (a)  which can be lawfully dealt with under section 8A of the
        Sale of Land Act 1962 without being subdivided; or

   (b)  if the land is disposed of or acquired by the Crown and, if it were
        disposed of or acquired by a private citizen, the land could lawfully
        be dealt with under section 8A of the Sale of Land Act 1962 without
        being subdivided.

(3) This Act does not apply to the acquisition of any land through a vesting
order under section 62 of the Transfer of Land Act 1958.

(3A) This Act does not apply to-

   (a)  anything done under section 99 of the Transfer of Land Act 1958; or

   (b)  anything done under section 100 or 101 of that Act in relation to an
        application under section 99; or

   (c)  anything done under section 103(2) of that Act.

(4) This Act does not apply to-

   (a)  the creation of a covenant, if an Act other than this Act or the
        Transfer of Land Act 1958 creates it or provides for its creation; or

   (b)  the variation or removal of a covenant referred to in paragraph (a).

(4A) This Act does not apply to an encumbrance unless the encumbrance
constitutes an easement or a restriction.

(5) This Act does not prevent a person from creating, varying or removing an
easement or restriction by using a method or procedure other than provided by
this Act.



(6) Parts 2, 3 and 4 (except sections 24 and 25) do not apply to plans
submitted under section 98CA or 98CF of the Transfer of Land Act 1958.

(7) This Act does not apply to subdivision by the Crown in order to issue a
Crown grant under any Act.



(8) This Act does not apply to a subdivision that occurs because of the
vesting of land in the Rural Finance Corporation under section 47 of the
Rural Finance Act 1988 or because of the creation of a folio of the Register
under section 23(4C) of the State Electricity Commission Act 1958 or
section 49(3) of the Rural Finance Act 1988.