Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 97

Requirements as to plans of subdivision etc.

97. Requirements as to plans of subdivision etc.



(1) This Act and any subordinate instrument (within the meaning of the
Interpretation of Legislation Act 1984) made under it apply to the
Subdivision Act 1988 as if that Act formed part of this Act, and that Act must
be read as one with this Act.





(2) If a provision of the Subdivision Act 1988 or the regulations made under
that Act is inconsistent with a provision of this Act or a subordinate
instrument made under this Act, the provision of that Act or those regulations
prevails.





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(4) After the plan of subdivision has been approved or registered by the
Registrar the numbers of the allotments or lots marked upon the plan may be
used to describe the land for the purpose of dealings with any allotment or
lot according to the plan of subdivision.





(4A) After a plan of subdivision has been approved or registered by the
Registrar under this section the Registrar may, in respect of each allotment
or lot or other parcel of land recorded on the plan, create a folio of the
Register by recording the description of the land and allocating a distinctive
identifying reference to the recording.



(4B) Where a folio of the Register is created under subsection (4A) in respect
of an allotment or a lot or parcel of land, the allotment or lot or parcel
may, for the purpose of a dealing with the allotment or lot or parcel, be
described as the land contained in the folio of the Register.





(4C) Until a plan of subdivision has been approved or registered, the
Registrar shall not on the relevant folio of the Register make a recording
giving effect to a dealing with an allotment or a lot and may refuse to accept
for lodgment and may return to the party producing the same any instrument
giving effect to a dealing with an allotment or a lot.





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(6) In this section sale has the same meaning as in the Sale of Land Act 1962.