Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 6

PART 2 CERTIFICATION OF PLANS5

What must the Council do?

6. What must the Council do?



(1) The Council must certify a plan within the prescribed time if-

   (a)  the plan complies with this Act, the regulations, and those
        requirements of the planning scheme and any permit that relate to the
        boundaries of roads, lots, common property and reserves and the form
        and content of the plan; and

   (b)  the land is under the Transfer of Land Act 1958 or steps have been
        taken to bring the land under the Act; and

   (c)  every referral authority has given consent; and

   (d)  all alterations required by referral authorities have been made; and



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   (f)  alterations required by the Council have been made; and



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   (h)  where the only access to a lot is over Crown land, either a road has
        been reserved or proclaimed or the Minister administering the
        Land Act 1958 has consented in writing to the use of the land for
        access; and

        (i)    where the plan does anything requiring the unanimous resolution
               of the members of the owners corporation under Division 3 of
               Part 5 or an order of the Victorian Civil and Administrative
               Tribunal under section 34D, the plan is accompanied by a copy
               of the unanimous resolution or the order of the Tribunal; and

   (j)  where a plan removes or varies a restriction-

   (i)  the removal or variation is in accordance with the planning scheme or
        a permit; or

   (ii) the Registrar has declared that the restriction has been released
        modified or varied; and

   (k)  where a plan removes or varies the whole or part of an easement-

   (i)  the removal or variation is in accordance with the planning scheme or
        a permit; or

   (ii) the Registrar has declared that the easement has been abandoned or
        extinguished; or

   (iii) the easement was set aside for the purpose of a Council, public
        authority or other person which has requested or consented to the
        removal or variation; or

   (iv) all parties interested in the easement or the part of it have agreed
        to the removal or variation; or

   (v)  the Victorian Civil and Administrative Tribunal has given leave under
        section 36 to remove the easement and, if leave is given subject to
        conditions relating to the plan, those conditions have been met.

(2) If the conditions in subsection (1) are not met, the Council must refuse
to certify the plan and give its reasons in writing to the applicant within
the prescribed time.

(3) The Council may rely on a verified copy of a unanimous resolution or
Tribunal order accompanying a plan and referred to in section 6(1)(i) as
conclusive proof that a unanimous resolution or order was made in those terms.