Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 8

When must the Council refer a plan to a referral authority?

8. When must the Council refer a plan to a referral authority?



(1) The Council must refer a plan to a referral authority within the
prescribed time-

   (a)  if this is required by the planning scheme or the permit, unless-

   (i)  the plan is of a class exempted from the referral requirement by the
        planning scheme or the regulations; or

   (ii) the applicant gives the Council satisfactory evidence of the
        authority's consent dated not more than 3 months before the date on
        which the plan is submitted for certification; or

   (b)  if the authority is likely to have an interest in an easement or
        restriction which is to be created, varied or removed, unless the
        authority has agreed to the easement or restriction in connection with
        the planning scheme or permit or otherwise.

(2) The Council does not have to refer a plan to a referral authority if the
plan is submitted by an acquiring authority under section 35 and shows
acquired land without proposing to create additional lots.

(3) If a referral authority has required specified alterations to be made to a
plan and a plan containing those alterations is submitted to the Council, the
Council does not have to refer the altered plan to that referral authority.

(4) The Council does not have to refer to a referral authority a plan under
section 24A.



(5) The Council does not have to refer again to a referral authority a plan
which the Council has amended after referral, if the Council considers that
the amendments are minor and are unlikely to affect the interests of the
authority.

(6) As soon as possible after certifying a plan that was not referred to a
referral authority, the Council must give the authority a copy of the
certified plan.