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SUBDIVISION (PROCEDURES) REGULATIONS 2011 (SR NO 112 OF 2011) - SCHEDULE 1

SUBDIVISION (PROCEDURES) REGULATIONS 2011 (SR NO 112 OF 2011) - SCHEDULE 1

SCHEDULE 1

FORMS



Sch. 1

FORM 1

Regulation 6

Subdivision Act 1988

APPLICATION FOR CERTIFICATION OF PLAN

PART A. [ All Applicants complete this Section ]

Plan No.:

To: [ insert name and address of Council ]

I/We:

Of:

Telephone:

apply to have the attached:

*PLAN OF SUBDIVISION

*PLAN OF CONSOLIDATION

*PLAN OF CREATION/REMOVAL/VARIATION OF EASEMENT/RESTRICTION

certified under the Subdivision Act 1988

and to have advice of street numbers allocated

1.     [ Insert details of situation of land ]

2.     [ Insert name and address of registered proprietor of land or owner ]

3.     [ Insert name and address of applicant ]

Does the attached plan do anything requiring the unanimous resolution of the members of the owners corporation under Division 3 of Part 5 of the Subdivision Act 1988 or an order of the Victorian Civil and Administrative Tribunal under section 34D of the Subdivision Act 1988 ?

*YES [ provide details ]/*NO

If 'YES', have the members of the affected owners corporation passed a unanimous resolution to proceed with the alterations shown on the attached plan?

*YES/*NO

If 'NO', has the Victorian Civil and Administrative Tribunal made an order under section 34D of the Subdivision Act 1988 ?

Sch. 1

*YES/*NO

Signed:

[ Name and signature of Applicant ]

* Delete if not applicable.

IF THE APPLICANT IS NOT THE OWNER, the owner must provide written consent under section 5(5) of the Subdivision Act 1988

(a)     if the application is made in paper form by signing the following—

    I/We consent to the applicant submitting this plan to the Council for certification.

    Signed

    [ Name and signature of Owner ]

(b)     if the application is made in a form other than paper the owner's written consent (in the form set out under paragraph (a)) must be provided in a separate document.

Note 1:     The applicant must sign this application whether or not the applicant is the owner.

Note 2:     If the applicant is not the owner, the owner must either—

(a)     if the application is to be lodged in paper, co-sign this application; or

(b)     if the application is to be lodged in a form other than paper, give the applicant the written consent required under section 5(5) of the Subdivision Act 1988 in a separate document.

Note 3:     Where there is more than one owner, all owners that are not the applicant must co-sign the application or give written consent as set out in Note 2.

Note 4:     Where there is more than one owner and where an agent is not acting on behalf of all owners, then the owners who are not represented by the agent must co-sign the application or give written consent as set out in Note 2.

PART B.     Only applicants having "Old Law" land complete this Section (acquiring authorities are not required to complete this section—see section 35(6)(g) of the Subdivision Act 1988 ).

I/We certify that steps have been taken to bring this land under the Transfer of Land Act 1958 .

[ Name and signature of Applicant ]

PART C.     [ Only acquiring authorities complete this section ]

This Part relates to the acquisition of land by—

[ insert name of acquiring authority ]

Sch. 1

Note 5:     The following should be attached to this application—

(a)     a copy of any planning permit applicable to the land or any application for a planning permit made concurrently with this application; or

(b)     an extract of the planning scheme indicating any conditions or exemptions which may support your application; or

(c)     evidence of referral authorities' consent within the previous 3 months (see section 8 of the Subdivision Act 1988 ).

Note 6:     If the attached plan does anything requiring either the unanimous resolution of the members of the owners corporation under Division 3 of Part 5 of the Subdivision Act 1988 or an order of the Victorian Civil and Administrative Tribunal under section 34D of the Subdivision Act 1988 , a copy of the resolution or the order must be attached to this application.

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FORM 2

Sch. 1

Regulation 8

CERTIFICATION OF PLAN BY COUNCIL

This plan is certified under section 6 of the Subdivision Act 1988 .

Public Open Space:

A requirement for public open space under section 18 of the Subdivision Act 1988

* Has not been made.

* Has been made and the requirement has been satisfied.

*Has been made and the requirement has not been satisfied.

*Has been made and the requirement has been satisfied for: [ include details ] .

*Has been made and the requirement is to be satisfied in stage no.  #.

[ *Name and signature of Council delegate or *Council seal ]

* [Surveyor's plan version ( insert version number )]

[ Date of certification ]

*Delete if not applicable.

Note 1:     This form is for use where the Council is not satisfied that section 21(1)(b)(i) or (ii) of the Subdivision Act 1988 has been complied with.

Note 2:     For a paper plan the Surveyor's plan version number is not required.

Note 3:     If by certifying the plan a Council exercises its power under clause 5(1)(a) of Schedule 10 to the Local Government Act 1989 to approve, assign or change the name of a road, the Council must act in accordance with any guidelines in force under the Geographic Place Names Act 1998 and must advise the Registrar within the meaning of that Act of the action the Council has taken under that clause.

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FORM 3

Sch. 1

Regulations 9 and 32(1)

CONCURRENT CERTIFICATION AND STATEMENT OF COMPLIANCE

1.     This plan is certified under section 6 of the Subdivision Act 1988 .

2.     This document constitutes a statement of compliance under section 21 of the Subdivision Act 1988 .

Public Open Space:

A requirement for public open space under section 18 of the Subdivision Act 1988

* Has not been made.

* Has been made and the requirement has been satisfied.

*Has been made and the requirement has not been satisfied.

*Has been made and the requirement has been satisfied for: [ include details ] .

*Has been made and the requirement is to be satisfied in stage no.  #.

[ * Name and signature of Council delegate or * Council seal ]

* [ Surveyor's plan version number ]

[ Date of certification and statement of compliance ]

* Delete if not applicable.

Note 1:     This form will be used for subdivisions where no works requirement has been served, and for plans of consolidation and plans of creation/removal/variation of easements/restrictions.

Note 2:     For a paper plan the Surveyor's plan version number is not required.

Note 3:     If by certifying the plan a Council exercises its power under clause 5(1)(a) of Schedule 10 to the Local Government Act 1989 to approve, assign or change the name of a road, the Council must act in accordance with any guidelines in force under the Geographic Place Names Act 1998 and must advise the Registrar within the meaning of that Act of the action the Council has taken under that clause.

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FORM 4

Sch. 1

Regulations 10, 28(3) and (4),

28(6) and 32(2) and (4)

CERTIFICATION OF ACQUISITION PLANS

*A     This is a plan under section 35 of the Subdivision Act 1988 which does not create any additional lots.

*B     This plan is exempt from Part 3 of the Subdivision Act 1988 .

*C     This is a plan under section 35 of the Subdivision Act 1988 which creates *(an) additional lot *(s).

*D     It is certified under section 6 of the Subdivision Act 1988 .

*E     It is certified under section 11(7) of the Subdivision Act 1988 .

*F     Date of original certification under section 6: / / .

*G     This is a statement of compliance under section 21 of the Subdivision Act 1988 .

[ *Name and signature of Council delegate or *Council seal ]

* [ Date of certification ]

* Delete if not applicable

Note 1:     An acquisition plan which does not create additional lots is exempt from the requirement for a statement of compliance by section 14 of the Subdivision Act 1988 .

Note 2:     An acquisition plan that does create additional lots requires a statement of compliance under section 21 of the Subdivision Act 1988 .

Note 3:     If by certifying the plan a Council exercises its power under clause 5(1)(a) of Schedule 10 to the Local Government Act 1989 to approve, assign or change the name of a road, the Council must act in accordance with any guidelines in force under the Geographic Place Names Act 1998 and must advise the Registrar within the meaning of that Act of the action the Council has taken under that clause.

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FORM 5

Sch. 1

Regulation 16

REQUIREMENT FOR ALTERATIONS TO PLAN

To: [ insert name of Council ]

and

To: [ insert name of Applicant ]

*Plan of subdivision [ insert plan number made available by the Registrar ]

*Plan of consolidation [ insert plan number made available by the Registrar ]

*[ other ] plan [ insert plan number made available by the Registrar, if available ]

The [ insert name of referral authority ] requires the following specified alterations to the above plan under section 9(1) of the Subdivision Act 1988 :

[ insert details ]

Reasons:

[ insert reasons for purpose of section 9(2) ]

[ *Signed for the referral authority or *Sealed by the referral authority ]

[ Date ]

*Delete if not applicable

Note:     Suspension of time—

Under section 9(4) of the Subdivision Act 1988 the time for consideration of the plan is suspended as from the date of this notice and will resume when the altered plan is submitted to the Council.

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FORM 6

Sch. 1

Regulations 17 and 26

REFUSAL OF CONSENT BY REFERRAL AUTHORITY

To: [ insert name of Council ]

and

To: [ insert name of Applicant ]

* Plan of subdivision [ insert plan number made available by the Registrar ]

* Plan of consolidation [ insert plan number made available by the Registrar ]

* [ other ] plan [ insert plan number made available by the Registrar, if available ]

The [ insert name of referral authority ] refuses to consent to the above plan under section *9(1) / *11(3) of the Subdivision Act 1988 .

Reasons:

[ insert reasons for purpose of section 9(2) or 11(3) as appropriate ]

[ *Signed for the referral authority or *Sealed by the referral authority ]

[ Date: ]

*Delete if not applicable

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FORM 7

Sch. 1

Regulation 19(2)

NOTICE OF RECOMMENCEMENT OF REFERRAL TIME

To: [ insert name of Referral Authority ]

* Plan of subdivision [ insert plan number made available by the Registrar ]

* Plan of consolidation [ insert plan number made available by the Registrar ]

* [ other ] plan [ insert plan number made available by the Registrar, if available ]

On the [ insert date altered plan received ] the [ insert name of Council ] received the altered plan requested by [ insert name of referral authority ] on [ insert date application was suspended ].

Revised closing date:

The revised date on which the Council may make a decision is [ insert date ].

[ *Name and signature of Council delegate or *Council seal ]

        [ Date ]

*Delete if not applicable

Note:     A copy of this form must also be forwarded to the applicant.



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FORM 8

Sch. 1

Regulation 21

APPLICATION TO AMEND CERTIFIED PLAN

Application is made to amend the plan certified by [ insert name of Council ] Council on [ insert date ] which has not yet been registered by the Registrar.

The amendments are proposed to be made by—

*endorsement on the plan.

*substitution of a new plan incorporating the amendments.

The reason for the application is—

*the Registrar considered that alterations of a material nature were required to the plan before it could be registered.

*a referral authority requires an easement or boundary change to secure compliance with its requirements.

*[ other ] .

Does the attached plan do anything requiring the unanimous resolution of the members of the owners corporation under Division 3 of Part 5 of the Subdivision Act 1988 or an order of the Victorian Civil and Administrative Tribunal under section 34D of the Subdivision Act 1988 ?

*YES [ provide detail ]/*NO

If 'YES', have the members of the affected owners corporation passed a unanimous resolution to proceed with the alterations shown on the attached plan?

*YES/*NO

If 'NO', has the Victorian Civil and Administrative Tribunal made an order under section 34D of the Subdivision Act 1988 ?

*YES/*NO

Signed

[ Name and signature of Applicant ]

* Delete if not applicable.

IF THE APPLICANT IS NOT THE OWNER, the owner must provide written consent under section 11(1) of the Subdivision Act 1988

Sch. 1

(a)     if the application is made in paper form by signing the following—

I/We consent to the applicant submitting this plan to the Council for certification.

Signed

[ Name and signature of Owner ]

(b)     if the application is made in a form other than paper, the owner's written consent (in the form set out under paragraph (a)) must be provided in a separate document.

Note 1:     The applicant must sign this application whether or not the applicant is the owner.

Note 2:     If the applicant is not the owner, the owner must either—

(a)     if the application is to be lodged in paper form, co-sign this application; or

(b)     if the application is to be lodged in a form other than paper, give the applicant the consent required by section 11(1) of the Subdivision Act 1988 in a separate document.

Note 3:     Where there is more than one owner, all owners that are not the applicant must co-sign the application or give written consent as set out in Note 2.

Note 4:     Where there is more than one owner and where an agent is not acting on behalf of all owners, then the owners who are not represented by the agent must co-sign the application or give written consent as set out in Note 2.

Note 5:     A plan cannot be amended once it has been registered by the Registrar.

Note 6:     The original certified paper plan must be submitted with a paper application. Certified plans submitted in a form other than paper must be made available with the application.

Note 7:     If the original paper plan has been lost or destroyed a declaration to that effect together with confirmation that the paper plan is not in the Office of Titles must be included.

Note 8:     Amendments involving correcting incorrect items on a paper plan must be made in black by crossing out the error and then writing the correct item as closely as is practical.

Note 9:     If the correction to a paper plan is an addition of new information, a short description must be added in the margin, e.g. easement lot 6 added.

Note 10:     Amendments to a paper plan must be initialled and dated by the person who prepared the plan.

Sch. 1

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FORM 9

Sch. 1

Regulation 25

REQUIREMENT OF ALTERATIONS TO PLAN

To: [ insert name of Council ]

and

To: [ insert name of Applicant ]

*Plan of subdivision [ insert plan number made available by the Registrar ]

*Plan of consolidation [ insert plan number made available by the Registrar ]

*[ other ] plan [ insert plan number made available by the Registrar , if available ]

The [ insert name of referral authority ] requires the following alterations to the above plan under section 11(3) of the Subdivision Act 1988 to ensure that the plan conforms with the requirements made by [ name of referral authority ] when it consented to the plan.

[ Insert details ]

Reasons:

[ insert reasons for purpose of section 11(3) ]

[ *Signed for the referral authority or *Sealed by the referral authority ]

[ Date ]

* Delete if not applicable

Note:     Suspension of time:

Under section 11(5) of the Subdivision Act 1988, the time for consideration of the altered plan is suspended as from the date of this notice and will resume when the altered plan is submitted to the Council.

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FORM 10

Sch. 1

Regulation 28(1)

RE-CERTIFYING AMENDED PLAN

This plan is re-certified under section 11(7) of the Subdivision Act 1988 .

[ *Name and signature of Council delegate or *Council seal ]

* Surveyor's plan version [ insert version number ]

[ Date of re-certification ]

* Delete if not applicable

Note 1:     If the plan includes more than one sheet, each sheet not including the above form must be initialled by the delegate or one of the persons affixing the seal.

Note 2:     For a paper plan the Surveyor's plan version number is not required.

Note 3:     If by certifying the plan a Council exercises its power under clause 5(1)(a) of Schedule 10 to the Local Government Act 1989 to approve, assign or change the name of a road, the Council must act in accordance with any guidelines in force under the Geographic Place Names Act 1998 and must advise the Registrar within the meaning of that Act of the action the Council has taken under that clause.

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FORM 11

Sch. 1

Regulation 28(2)

CERTIFYING A NEW VERSION OF AN EXISTING PLAN

This plan is certified under section 11(7) of the Subdivision Act 1988 .

Date of original certification under section 6: [ insert date ].

Public Open Space:

A requirement for public open space under section 18 of the Subdivision Act 1988

* Has not been made.

* Has been made and the requirement has been satisfied.

*Has been made and the requirement has not been satisfied.

*Has been made and the requirement has been satisfied for: [ include details ] .

*Has been made and the requirement is to be satisfied in stage no.  #.

[ *Name and signature of Council delegate or *Council seal ]

* Surveyor's plan version [ insert version number ]

* [ Date of certification under section 11(7) ]

* Delete if not applicable

Note 1:     This form is to be used if the Council is not satisfied that section 21(1)(b)(i) or (ii) of the Subdivision Act 1988 has been complied with.

Note 2:     For a paper plan the Surveyor's plan version number is not required.

Note 3:     If by certifying the plan a Council exercises its power under clause 5(1)(a) of Schedule 10 to the Local Government Act 1989 to approve, assign or change the name of a road, the Council must act in accordance with any guidelines in force under the Geographic Place Names Act 1998 and must advise the Registrar within the meaning of that Act of the action the Council has taken under that clause.

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FORM 12

Sch. 1

Regulations 28(5) and 32(3)

CERTIFYING A NEW VERSION OF AN EXISTING PLAN CONCURRENTLY WITH STATEMENT OF COMPLIANCE

PART A:

    This plan is certified under section 11(7) of the Subdivision Act 1988 .

Date of original certification under section 6: [ insert date ].

Public Open Space:

A requirement for public open space under section 18 of the Subdivision Act 1988 :

* Has not been made.

* Has been made and the requirement has been satisfied.

*Has been made and the requirement has not been satisfied.

*Has been made and the requirement has been satisfied for:

[ include details ] .

*Has been made and the requirement is to be satisfied in stage no.  #.

[ *Name and signature of Council delegate or *Council seal ]

* Surveyor's plan version [ insert version number ]

Date of certification (under section 11(7)):

* Delete if not applicable

PART B:

    This is a statement of compliance issued under section 21 of the Subdivision Act 1988 .

COUNCIL REF. NO.:

OFFICE OF TITLES PLAN NO.:

DATE CERTIFIED BY COUNCIL:

This is a statement of compliance issued under section 21 of the Subdivision Act 1988 for the whole of the above plan.

Requirements under Parts 2 and 3 of the Subdivision Act 1988 have now been satisfied.

You can now lodge this statement of compliance in the Office of Titles.

Sch. 1

In the event that you have not yet lodged the certified plan then this statement of compliance should be attached to it for lodging.

[ *Name and signature of Council delegate or *Council seal ]

[ Date ]

* Delete if not applicable

Note 1:     This form is to be used for subdivisions where no works requirement has been served, and for plans of consolidation and plans of creation/removal/variation of easements/restrictions. It may also be used where a new version of an existing plan is being certified at the completion of the works requirement to incorporate plan amendments concurrently with the issue of a statement of compliance.

Note 2:     For a paper plan the Surveyor's plan version number is not required.

Note 3:     If by certifying the plan a Council exercises its power under clause 5(1)(a) of Schedule 10 to the Local Government Act 1989 to approve, assign or change the name of a road, the Council must act in accordance with any guidelines in force under the Geographic Place Names Act 1998 and must advise the Registrar within the meaning of that Act of the action it has taken under that clause.

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FORM 13

Sch. 1

Regulation 31

ADVICE BY LICENSED SURVEYOR

This is the written advice by a licensed surveyor required under section 20A of the Subdivision Act 1988 . It relates to:

Plan number [ insert plan number made available by the Registrar ]

1.     Where appropriate, boundaries of the land in the plan, the lots, common property, roads and reserves have been marked out or defined in accordance with Regulations made under the Surveying Act 2004 .

2.     The accuracy of the plan and the boundary determination is in accordance with the accuracy requirements of Regulations made under the Surveying Act 2004 .

3.     *A.     The plan represents the boundaries as defined and no substantial discrepancy exists between the boundaries and the boundaries as shown on the plan.

or

*B.     A substantial discrepancy exists between a boundary and the boundary as shown on the plan. Details of these discrepancies are provided on the attached plan.

4.     Any new boundary shown by reference to a building is the result of a survey of that building completed by me on: [ insert date ].

5.     In accordance with the Regulations made under the Surveying Act 2004 , appropriate supporting survey monumentation is in place for the plan of subdivision and a supplementary abstract of field records *will be supplied to the Registrar or *is not required for this subdivision.

* Delete if not applicable .

Note:         Item 3 must be completed if the plan is based on survey.

Licensed Surveyor:         [ Signature ]

Name: [ Print ]             [ Date ]

Firm Name: [ If applicable ]

__________________

FORM 14

Sch. 1

Regulation 32(5)

To:     [ *Owner or *Applicant ]

    [ Address ]

STATEMENT OF COMPLIANCE FOR SPECIFIED STAGE

OF A STAGED PLAN

Council Ref. No:

Office of Titles Plan No:

Surveyor's plan version [ insert version number ]:

Date certified by Council:

1.     This is a statement of compliance issued under section 21 of the Subdivision Act 1988 for stage no. # of a staged subdivision being lots [insert lot number(s) if applicable].

2.     The following stage lots on this plan are NOT released from the original requirements and will require a further statement: insert lot numbers e.g. S2, S 3 etc.—or insert "inapplicable" if this is a statement of compliance for the last stage .

You can now lodge the certified plan for registration together with this statement at the Office of Titles in accordance with section 5(3)(e) of the Subdivision Act 1988.

A summary/copy of the outstanding requirements of the Council and the referral authorities is included but should not be lodged at the Office of Titles.

[ *Name and signature of Council delegate or *Council seal ]

[ Date ]

* Delete if not applicable

# Insert one stage number.

Note:         Section 21(4) of the Subdivision Act 1988 enables a statement of compliance to provide that an agreement under Division 2 of Part 9 of the Planning and Environment Act 1987 no longer applies to specified land in a stage. If this is done, the agreement is identified by its registration number (if any) at the Office of Titles. The land that is





to be no longer subject to the agreement must be identified by the lot and plan number made available by the Registrar.

Sch. 1

__________________

FORM 15

Regulation 32(6)

Sch. 1

To:     [ *Owner or *Applicant ]

    [ Address ]

STATEMENT OF COMPLIANCE

COUNCIL REF. NO.:

OFFICE OF TITLES PLAN NO.:

SURVEYOR'S PLAN VERSION: [ insert version number ]

DATE CERTIFIED BY COUNCIL:

This is a statement of compliance issued under section 21 of the Subdivision Act 1988 for the whole of the above plan.

Requirements under Parts 2 and 3 of the Subdivision Act 1988 are now satisfied.

You can now lodge the certified plan for registration together with this statement at the Office of Titles in accordance with section 5(3)(e) of the Subdivision Act 1988 .

[* Name and signature of Council delegate or *Council seal ]

[ Date ]

* Delete if not applicable.

__________________

FORM 16

Sch. 1

Regulation 36

REFUSAL

Plan No.:

Application No.:

Council:

This is a refusal *under / *in relation to section * 6(2) /* 11(7)(b) /* 15(2) /* 21 of the Subdivision Act 1988 .

Type of Refusal:

The [ *Council or * referral authority ] refuses—

*to certify the plan under section 6(2).

*to certify a new plan under section 11(7)(b).

*to re-certify an amended plan under section 11(7)(b).

*to approve an engineering plan under section 15(2).

*to issue a statement of compliance under section 21(1).

What are the reasons for refusal?

*A referral authority has refused to consent to the plan [ attach a copy of referral authority refusal in the form of Form 6 of the Subdivision (Procedures) Regulations 2011 ].

*[ include details of relevant provisions of section 6(1) which have not been complied with ]

*[ include any other details of grounds of refusal ]

*The following requirements under the Planning and Environment Act 1987 or Part 3 of the Subdivision Act 1988 have not been met or secured by an agreement: [ include details of requirements (applicable only in regard to statement of compliance) ].

[ *Name and signature of Council delegate or *Council seal ]

[ *Signed for the referral authority or *Sealed by the referral authority ]

[ Date ]

* Delete if not applicable

Note:     An applicant may apply to have certain decisions reviewed under section 40 of the Subdivision Act 1988 (set out below). Appeals are to the Victorian Civil and Administrative Tribunal.

Sch. 1

Time limits apply on appeals.

Applicants intending to make an appeal should contact the Victorian Civil and Administrative Tribunal for information on the appropriate procedures to follow.

Section 40 of the Subdivision Act 1988

Review of refusal or failure to decide:

(1)         An applicant may apply to the Victorian Civil and Administrative Tribunal for review of—

        (a)     a decision of a Council to refuse to—

                  (i)     certify or re-certify a plan; or

                  (ii)     approve an engineering plan; or

                  (iii)     issue a statement of compliance; or

        (b)     a decision of a referral authority to—

              (i)     refuse to consent to the certification or amendment of a plan; or

                  (ii)     refuse to approve an engineering plan; or

                  (iii)     make a requirement under section 44(3F); or

(c)     a decision of a Council or referral authority to require alterations to a plan or an engineering plan; or

(d)     a decision of a Council or referral authority to require the applicant to enter into an agreement under section 17(2)(c) or 21(1)(b)(ii).

(2)     An owner who requests the Council or a referral authority to make a statement under section 36 or has applied for a permit or requested a permit to be amended may apply to the Victorian Civil and Administrative Tribunal for review of a decision of the Council or referral authority to refuse to make the statement.

(3)     A reference in subsection (2) to a decision to refuse to make a statement includes a reference to a failure to make the statement within the prescribed time.

(4)     A reference in subsection (1) or (2) to a decision to refuse to do a thing includes a reference to a failure to do that thing.

(5)     An applicant under section 44(4A), (5), (5A) or (5B) may apply to the Victorian Civil and Administrative Tribunal for review of a refusal of the Council to consent to the application.

Sch. 1

(6)     Without limiting its powers on review, if the Tribunal finds that a Council or referral authority has unreasonably refused or failed to take any action, the Tribunal may order that the action be carried out by another person, wholly or partly, at the cost of the Council or referral authority.

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