Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 43

Regulations

43. Regulations



(1) The Governor in Council may make regulations-

   (a)  prescribing the manner or form of giving a notice; and

   (b)  prescribing the manner or form of an application; and

   (ba) regulating the making of applications; and





   (bb) prescribing the form and content of plans; and



   (bc) prescribing matters in relation to the interpretation of plans of
        strata or cluster subdivision or strata or cluster redevelopment; and

   (bd) prescribing classes of plans to be exempted from the referral
        requirements in section 8; and

   (c)  prescribing what constitutes evidence of completion; and

   (d)  prescribing time limits including different time limits for different
        classes of cases; and



   (e)  prescribing the time within which any application for review to the
        Victorian Civil and Administrative Tribunal may be made; and

   (f)  prescribing standards for plans, survey marks and the laying out of
        subdivisions; and

   (g)  requiring records or registers to be kept and prescribing the content
        and manner of keeping records or registers under this Act or the
        regulations; and



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(ib) prescribing the powers and duties of the Registrar in connection with
plans and other matters arising under this Act or the regulations including
authorising the Registrar-

   (i)  to allocate plan numbers; and

   (ii) to publish acceptable abbreviations to be used on plans; and

   (iii) to charge fees for supplying a copy of any document; and

   (iv) to charge fees for lodging or sending any document by post; and

   (v)  to supply information concerning existing registered easements for the
        purposes of section 12 and to charge fees for doing so; and

   (j)  prescribing fees for any thing done under this Act; and

   (ja) prescribing forms for the purposes of this Act; and



   (k)  prescribing penalties not exceeding 20 penalty units or 6 months
        imprisonment for a contravention of the regulations; and

   (l)  providing for any other matter which is authorised or required to be
        prescribed or necessary to be prescribed to carry out this Act.

(2) The regulations may-

   (a)  prescribe fees including-

   (i)  different fees for different classes of applications, determinations,
        documents or things done under this Act; and

   (ii) composite fees payable to the responsible authority for consideration
        of an application by the responsible authority and any referral
        authority or the Council; and

   (iii) maximum and minimum fees related to the costs and value of services
        or works; and

   (iv) the fixing by Councils of fees to be charged for checking engineering
        plans; and

   (v)  fees to be substituted for the fees fixed by a provision applied by
        section 44(3B); and

   (b)  require a responsible authority to give a referral authority or
        Council the fees collected on its behalf; and

   (c)  empower a responsible authority, referral authority or Council to
        waive or rebate the payment of a fee in specified circumstances; and

   (d)  require the making of a statutory declaration; and

   (e)  empower a responsible authority to make an administration charge not
        exceeding the prescribed amount for collecting fees referred to in
        paragraph (b); and

   (f)  require a Council to give information about a plan in specified
        circumstances; and



   (g)  be of general or limited application and may differ according to
        differences in time, place or circumstance.

(3) The regulations may apply, adopt or incorporate any document, code,
standard, rule, specification or method formulated, issued, prescribed or
published by any authority or body whether-

   (a)  wholly or partially or as amended by the regulations; or

   (b)  as formulated, issued, prescribed or published at the time the
        regulations are made or at any time before then; or

   (c)  as formulated, issued, prescribed or published from time to time.

(4) Regulations made under this Act may be disallowed in whole or in part by
resolution of either House of the Parliament in accordance with the
requirements of section 6(2) of the Subordinate Legislation Act 1962.

(5) Disallowance of a regulation under subsection (4) is deemed to be
disallowance by the Parliament for the purposes of the Subordinate Legislation
Act 1962.