Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 44

Repeals and savings

44. Repeals and savings



(1) The following are repealed-

   (a)  the Strata Titles Act 1967;

   (b)  the Cluster Titles Act 1974;

   (c)  sections 569AA, 569AB, 569, 569A, 569B, 569BAA, 569C, 569D, 569E,
        569G, 569H, 569I, 570, 571, 572(1), 656F, 656G, 693A, 693B and 696AA
        of the Local Government Act 1958;

   (d)  the Transfer of Land (Amendment) Act 1984;



   (e)  the Sale of Land (Allotments) Act 1985.





(2) Subject to this section, if before the commencement of this section or not
later than 6 months after its commencement-

   (a)  a person or an acquiring authority-

   (i)  gives notice under section 569 of the Local Government Act 1958,
        section 4 of the Strata Titles Act 1967 or section 4 of the Cluster
        Titles Act 1974; or

   (ii) submits a plan of subdivision or consolidation for sealing by a
        Council; or

   (iii) has a plan of subdivision or consolidation sealed; or

   (b)  an acquiring authority-

   (i)  gives notice of intention to acquire land under the
        Land Acquisition and Compensation Act 1986; or

   (ii) commences negotiations to acquire land that has been publicly
        advertised for sale; or

   (iii) serves a statement under section 7(1)(b) of the
        Land Acquisition and Compensation Act 1986 that it has no intention to
        acquire land compulsorily; or

   (iv) obtains a certificate from the Minister under section 7(1)(c) of the
        Land Acquisition and Compensation Act 1986 concerning any land- the
        person or acquiring authority may choose-

   (c)  to prepare a plan and have it certified, lodged and registered under
        this Act and not to proceed with action referred to in paragraph (a);
        or

   (d)  to-

   (i)  have the plan sealed, and, where the land is under the operation of
        the Transfer of Land Act 1958, lodged and approved or registered; or

   (ii) proceed with the acquisition- as if this Act (except subsections (2)
        to (11) of this section) had not commenced.

(3) Subject to this section, if before the commencement of this section a
person or acquiring authority has lodged a plan of subdivision or
consolidation for registration or approval by the Registrar, the plan must be
dealt with as if this Act (except for subsections (2) to (11) of this section)
had not commenced.

(3A) Subject to this section, if a person or acquiring authority makes a
choice under subsection (2)(d)-

   (a)  a plan must be prepared, submitted for sealing, sealed and otherwise
        dealt with, and, where the land is under the operation of the
        Transfer of Land Act 1958, lodged with the Registrar, registered or
        approved; or

   (b)  the acquisition must proceed-

as if this Act (except for subsections (2) to (11) of this section) had not
commenced.

(3B) Subject to this section, if a person or an acquiring authority proceeds
under subsection (3) or (3A), any provision relating to-

   (a)  the plan and its sealing, lodgment, approval or registration or any
        appeal or proceedings in relation to those matters; or

   (b)  land acquisition-

and any regulations made for the purposes of such a provision continue to
apply as if this Act (except for subsections (2) to (11) of this section) had
not commenced.

(3C) A plan of land under the operation of the Transfer of Land Act 1958
(including a plan of strata subdivision or cluster subdivision or strata
redevelopment or cluster redevelopment) sealed by a Council-

   (a)  before the commencement of this section; or

   (b)  on or after the commencement of this section, under provisions applied
        by subsection (3B)-

is valid until the end of 5 years from its sealing or the end of 12 months
from the date of commencement of this section, whichever last happens.

(3D) Subsection (3C) does not validate an invalid plan unless the plan is
invalid only because any period during which plans are valid after they are
sealed has expired.

(3E) If-

   (a)  before the commencement of this section-

   (i)  a permit for the subdivision or consolidation of land is in force
        under the Planning and Environment Act 1987; and

   (ii) at the time the permit was granted the planning scheme did not require
        the proposal to be referred to referral authorities; and

   (b)  a plan is submitted to the Council for certification-

the Council must refer the plan to the referral authorities listed in the
planning scheme in force at the time it receives the plan, and this Act
applies to the plan as if it had been referred under section 8.

(3F) If a plan is referred to a referral authority under subsection (3E), the
authority may require the permit to be amended to include conditions about the
works required by the authority, and Division 3 of Part 4 of the
Planning and Environment Act 1987 applies to that amendment as if after
section 87(2) of that Act there were included-



"(2A) The Tribunal may amend a permit referred to in section 44(3E) of the
Subdivision Act 1988 so as to include requirements made by a referral
authority under section 44(3F) of that Act.".



* * * * *





(4A) With the written consent of the Council, the owner of an accessory lot on
a plan of strata subdivision or of an accessory lot on a plan of cluster
subdivision may apply in the prescribed form to the Registrar to have the plan
amended so that the lot is no longer shown as an accessory lot, and the
Registrar may amend the plan in accordance with the application and on the
amendment of the plan, the lot ceases to be an accessory lot and becomes a lot
for the purposes of this Act, and the Registrar may make any amendments to the
Register Book that are necessary because of the operation of this subsection.

(4B) On an application under subsection (4A), (5), (5A) or (5B) the consent of
any person who has an estate, interest or claim in the land is not required.

(5) With the written consent of the Council, the owner of a restricted lot on
a plan of strata subdivision or a restricted lot on a plan of cluster
subdivision may apply in the prescribed form to the Registrar to remove the
restriction and the Registrar may amend the plan in accordance with the
application and on the amendment of the plan the notice ceases to apply to
that lot.

(5A) With the written consent of the Council, an owners corporation may apply
in the prescribed form to the Registrar to cancel or alter a scheme of
development accompanying a plan of cluster subdivision.

(5B) With the written consent of the Council, the owner of a lot on a plan of
cluster subdivision may apply in the prescribed form to the Registrar to
cancel or alter the scheme of development accompanying the plan so far as it
affects that lot.

(5C) The Registrar may cancel or alter the scheme of development in accordance
with the application of an owners corporation or the owner of a lot and-

        (i)    if cancelled, the scheme ceases to have effect; or

        (ii)   if altered, has effect as altered by the Registrar.

(5D) A plan registered or approved by the Registrar-

   (a)  before the commencement of this section; or

   (b)  on or after the commencement of this section, under the provisions
        applied by subsection (3B)-

continues, subject to Schedule 2 and until replaced, modified or amended by a
plan under this Act, to have the same status and operation as it had before
the commencement of this section.

(5E) If a plan of cluster subdivision for the development of land in stages
has been registered-

   (a)  before the commencement of this section; or





   (b)  on or after the commencement of this section, under the provisions
        applied by subsection (3B)-

proceedings may be taken in relation to any further stage in the development
or to have a plan substituted as if this Act (except for subsections (2) to
(11) of this section) had not commenced, and Part IV of the Cluster Titles Act
1974 and any regulations made under that Act for the purposes of that Part
continue, subject to Schedule 2, to apply to that staged development.

(5F) If before the commencement of this section or not later than 6 months
after its commencement an application has been made under section 35 of the
Strata Titles Act 1967 and any regulations under that Act, the application may
be dealt with as if this Act (except for subsections (2) to (11) of this
section) had not commenced and Part IV of the Strata Titles Act 1967 any
regulations made under that Act for the purposes of that Part continue to
apply to it.

(6) Until the Act application date in Schedule 2 the Strata Titles Act 1967
and any regulations made under that Act and the Cluster Titles Act 1974 and
any regulations made under that Act continue to apply to the cancellation of a
plan of strata subdivision or a plan of cluster subdivision and to a
redevelopment within the meaning of the Strata Titles Act 1967 and to a
cluster redevelopment within the meaning of the Cluster Titles Act 1974 and to
the inclusion of land in common property and to dealings with common property,
units, accessory units, lots and accessory lots on any plan of strata
subdivision or strata redevelopment, cluster subdivision or cluster
redevelopment.

(6A) Section 9AA of the Sale of Land Act 1962 as amended by this Act does not
apply to dealings to which subsection (6) of this section applies.

(6AB) If-

   (a)  in relation to a redevelopment within the meaning of the Strata Titles
        Act 1967 an appeal is made to the Administrative Appeals Tribunal
        under a provision of that Act applied by this section; or

   (b)  in relation to a cluster redevelopment within the meaning of the
        Cluster Titles Act 1974 an appeal is made to the Administrative
        Appeals Tribunal under a provision of that Act applied by this
        section-

the Tribunal may, in addition to its other powers, make any order which a
court may make under section 38(3)(a), (aa) or (b) of this Act, and section 38
applies with the necessary modifications to the making of that Order by the
Tribunal.

* * * * *





(6D) If before the commencement of this section an application for a
declaration has been made under section 569D(3A) of the Local Government Act
1958 but has not been determined at the commencement of this section, section
569D(3A) of that Act continues to apply to the determination of, and any
declaration made on, that application as if this Act (except subsections (2)
to (11) of this section) had not commenced.

(6E) This Act does not apply to anything done under section 526, 527, 528 or
569BA of the Local Government Act 1958.





(7) A plan of subdivision, including a plan of strata subdivision and a plan
of cluster subdivision or a plan of consolidation, which has been sealed by a
Council may be amended in accordance with section 11 as if it were a certified
plan.



* * * * *



(9) Without limiting subsection (6), the provisions of the
Sale of Land Act 1962 and the Local Government Act 1958 that relate to the
sale of land before plans are approved or registered by the Registrar continue
to apply to-

   (a)  an unsealed plan of strata subdivision prepared; and

   (b)  a valid plan of subdivision (including a plan of strata subdivision,
        strata redevelopment, cluster subdivision or cluster redevelopment)
        sealed-

before the commencement of this section, or on or after the commencement of
this section under the provisions applied by subsection (3B), as if this Act
(except subsections (2) to (11) of this section) had not commenced.

(10) Subject to this section, any application, instrument or other dealing
lodged under the Transfer of Land Act 1958-

   (a)  before the commencement of this section; or

   (b)  on or after the commencement of this section, under the provisions
        applied by subsection 3B-

must be dealt with by the Registrar as if this Act (except subsections (2) to
(11) of this section) had not commenced.

(10A) An application, instrument or other dealing lodged under the
Transfer of Land Act 1958 in respect of a plan-

   (a)  before the Act application date for that plan in Schedule 2; or

   (b)  not later than 6 months after that date-

relating to a matter under the Strata Titles Act 1967 or the Cluster Titles
Act 1974 must be dealt with by the Registrar in the same manner as it could
have been dealt with before the Act application date.

(11) This section is in addition to and does not limit the operation of the
Interpretation of Legislation Act 1984.