Victorian Consolidated Legislation

Sale of Land Act 1962 - SECT 8A

Land which can be disposed of without being subdivided1

8A. Land which can be disposed of without being subdivided1



(1) The following land can be dealt with without being subdivided-

   (a)  any land under the operation of the Transfer of Land Act 1958 which
        is-





   (i)  a lot on a plan of subdivision certified or registered under the
        Subdivision Act 1988 and which is not the subject of a later
        registered plan; or

   (ii) an allotment on the latest Crown plan for disposal in fee simple of
        Crown land which is not the subject of a later registered plan; or

   (iii) an allotment on a plan of subdivision approved by the Registrar under
        section 97 of the Transfer of Land Act 1958 or on any map or plan
        deposited or lodged under section 97 of the Transfer of Land Act 1954
        or a corresponding previous or subsequent enactment, which is not the
        subject of a later registered plan; or

   (iv) a lot on a registered plan of strata subdivision, subject to any
        restriction on the plan, which is not the subject of a later
        registered plan; or

   (v)  a lot on a registered cluster plan, subject to any restriction on the
        plan, which is not the subject of a later registered plan; or

   (vi) a parcel of land for which a declaration has been given under section
        569D(3A) of the Local Government Act 1958 if the registration of any
        instrument or dealing to which the declaration relates occurs within 5
        years of the commencement of section 44 of the Subdivision Act 1988;
        or

   (vii) the whole of the land in a folio of the Register under the
        Transfer of Land Act 1958 which is not the subject of a later
        registered plan; or

   (viii) a separate parcel of land or a separate part of a parcel of land if
        the parcel or part existed and could be sold separately prior to the
        commencement of section 44 of the Subdivision Act 1988 (whether the
        land is disposed of before or after that commencement); or

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   (b)  any land not under the Transfer of Land Act 1958 which is-

   (i)  an allotment on the latest Crown plan for disposal in fee simple of
        Crown land which is not the subject of a later plan of subdivision
        sealed under section 569B of the Local Government Act 1958; or

   (ii) a parcel of land or a separate part of a parcel of land granted by a
        conveyance dated more than 15 years before the commencement of
        section 44 of the Subdivision Act 1988; or

   (iia) a separate parcel of land or a separate part of a parcel of land
        granted by a conveyance dated 15 or less than 15 years before the
        commencement of section 44 of the Subdivision Act 1988 and which
        lawfully subdivided the land; or

   (iii) a parcel of land on a plan of subdivision sealed under section 569B
        of the Local Government Act 1958 before 1 March 1963; or

   (iiia) a parcel of land on a plan of subdivision containing not more than 2
        allotments sealed under section 569B of the Local Government Act 1958
        on or after 1 March 1963; or

   (iv) a separate parcel of land or a separate part of a parcel of land if
        the parcel or part existed and could be sold separately prior to the
        commencement of section 44 of the Subdivision Act 1988 (whether the
        land is disposed of before or after that commencement); or

   (c)  any land (whether or not under the operation of the
        Transfer of Land Act 1958) which is a part of any land referred to in
        a subparagraph of paragraph (a) or (b), if the remainder of that land-

   (i)  was disposed of under section 569(2A) of the Local Government Act
        1958, to the Crown or a public statutory body; or

   (ii) was compulsorily acquired by an acquiring authority under the
        Land Acquisition and Compensation Act 1986 or any corresponding
        previous enactment; or

   (iii) was disposed of to an adjoining owner under section 569D(3A) of the
        Local Government Act 1958; or

   (iv) was purchased by a person or transferred to a municipality under
        section 527 of the Local Government Act 1958 or any corresponding
        previous enactment; or

   (iva) was proclaimed as a public highway before the commencement of the
        Subdivision Act 1988; or

   (v)  is transferred or disposed of under section 207 of the
        Local Government Act 1989 and a plan of subdivision is not required
        under that section.

(2) Expressions used in this section and defined in the Subdivision Act 1988
have the same meanings in this section as they have in that Act.

(3) For the purposes of subsection (1)(a)(viii) and (b)(iv), land must be
taken to be a separate parcel or a separate part of a parcel of land which
existed and could be sold separately prior to the commencement of section 44
of the Subdivision Act 1988 only if the parcel or part existed prior to that
commencement and-

   (a)  the land-

   (i)  is under the operation of the Transfer of Land Act 1958; and

   (ii) does not fall under subsection (1)(a)(i) to (vii); and

   (iii) is not part of a plan of consolidation; and

   (iv) either-

                (A)  is not part of an allotment on a plan sealed by a Council
                     or confirmed under the Local Government Act 1958 or of a
                     Crown grant issued on or after 1 August 1969 and showing
                     the allotment in two or more pieces; or

                (B)  is part of an allotment on a plan or of a Crown grant
                     mentioned in sub-subparagraph (A) but is dealt with by a
                     person who is the registered proprietor of that and no
                     other part of the land in the allotment or grant; or

                (C)  is part of the land in a folio of the register, but that
                     part does not touch on any other land in the folio and is
                     not part of an allotment on a plan or of a Crown grant
                     mentioned in sub-subparagraph (A); or

   (b)  the land-

   (i)  is not under the operation of the Transfer of Land Act 1958; and

   (ii) does not fall under subsection (1)(b)(i) to (iiia); and

   (iii) either-

                (A)  is not part of an allotment on a plan sealed by a Council
                     or confirmed under the Local Government Act 1958 on or
                     after 1 August 1969 showing that allotment in two or more
                     pieces; or

                (B)  is part of an allotment mentioned in sub-subparagraph (A)
                     but is dealt with by a person who is the owner of an
                     estate in fee simple in that part and no other part; or

                (C)  is part of a parcel of land granted by a conveyance which
                     lawfully brought about a subdivision, if that part does
                     not touch on any other part of the parcel and is not part
                     of an allotment mentioned in sub-subparagraph (A); or

   (c)  the land is part of a plan of consolidation approved by the Registrar
        and is dealt with by a person who is the registered proprietor of that
        part and no other part of the land in the plan.



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