Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 5

The procedure for certification and registration of plans

5. The procedure for certification and registration of plans



(1) Subject to sections 4 and 44, the subdivision or consolidation of land, or
the creation, variation or removal of an easement or restriction, or the
creation of common property, or any dealing with common property, must be done
in accordance with this Act.

(2) If there is a subdivision by acquisition by an acquiring authority-

   (a)  if all the land on the plan to be acquired is to be acquired by
        compulsory process, the authority must under section 35 submit a plan
        for certification-

   (i)  if the land vests in the authority on the same vesting date, as soon
        as possible after that vesting date; or

   (ii) if the land vests in the authority on different vesting dates, not
        earlier than the first and not later than the last of those vesting
        dates to occur; and



   (b)  if-

   (i)  the land on the plan to be acquired includes land to be acquired by
        agreement whether or not after service of a notice of intention to
        acquire as well as land to be acquired by compulsory process; or

   (ii) all the land on the plan to be acquired is to be acquired by agreement
        whether or not after service of a notice of intention to acquire-

the authority must under section 35 submit a plan for certification-

   (iii) if the land vests in or is registered in the name of the authority on
        the same vesting date, not later than that vesting date; or

   (iv) if the land vests in or is registered in the name of the authority on
        different vesting dates, not later than the first of those vesting
        dates to occur; and

   (c)  the authority is not required to submit any other plan of the land
        except a plan under section 35.

(3) A person who wishes to have a plan registered must-

   (a)  prepare a plan in accordance with this Act and the regulations; and

   (b)  if the land is not under the Transfer of Land Act 1958, bring the land
        under that Act; and

   (c)  submit the plan to the Council for certification together with an
        application in the prescribed form; and

   (d)  obtain a statement of compliance from the Council; and

   (e)  lodge the certified plan at the Office of Titles for registration
        together with an application in the prescribed form; and



   (f)  in addition to any other fee payable under this Act, pay to the
        Registrar the fee, if any, prescribed under the
        Survey Co-ordination Act 1958 for the maintenance of the survey
        control network.

(4) The Council can accept and consider a plan submitted to it for
certification even if a planning permit is required but has not been issued.

(4A) The Council can accept, consider and certify a plan submitted to it even
if, to make a boundary of any land in the plan accord with the boundary shown
in the relevant folio of the Register, it would be necessary to make an
application under section 99 or 103 of the Transfer of Land Act 1958, and the
application has not been made or has not been determined.

(5) Any person may, with the written consent of the owner, submit a plan to
the Council for certification.

(6) An owner may act through an agent unless the regulations require a
personal or sealed declaration, consent or authorisation.

(7) If the land in a plan is not in a municipal district, the Minister may
carry out the functions of a Council.

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