Subdivision (Procedures) (Miscellaneous Amendments) Regulations 1996
i
Subdivision (Procedures) (Miscellaneous
Amendments) Regulations 1996
S.R. No. 65/1996
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1
2. Authorising provisions 1
3. Principal Regulations 2
4. Amendment of regulation 5 2
5. Amendment of regulation 7 2
6. Amendment of regulation 8(4) 3
7. Amendment of regulation 9(1) 3
8. Amendment of regulation 10(e) 4
9. Amendment of regulation 11(1) 4
10. Amendment of regulation 13 4
11. Revocation of regulation 15 5
12. Amendment of regulation 16 5
13. Amendment of regulation 19 6
14. Amendment of regulation 21 6
15. Amendment of regulation 22 6
16. Amendment of regulation 24(1) 7
17. Amendment of regulation 32 7
18. New regulation 37A 7
37A. Time to make a statement under section 36 7
19. Substitution of regulation 38 7
38. Council to supply street numbers and lot location information 7
20. Amendment of regulation 41 7
21. Amendment of regulation 42 9
22. New regulation 42A inserted 9
42A. Advice and application concerning vesting dates 9
23. Revocation of regulation 44(1) 10
24. Amendment of regulation 58 10
25. Amendment of regulation 60 10
26. Transitional Provisions 10
27. Amendment of Form 8 12
28. New Form 8A 13
29. Amendment of Form 9 13
30. New Form 9A 14
31. Substitution of Form 10 15
32. New Forms 10A, 10B, 10C 16
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ii
33. Amendment of Form 11 18
34. Substitution of Form 17 19
35. Amendment of Form 18 20
36. Substitution of Form 19 21
37. Addition of Form 21 22
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NOTES 24
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1
STATUTORY RULES 1996
S.R. No. 65/1996
Subdivision Act 1988
Subdivision (Procedures) (Miscellaneous
Amendments) Regulations 1996
The Governor in Council makes the following Regulations:
Dated: 16 July 1996
Responsible Minister:
ROBERT MACLELLAN
Minister for Planning and Local Government
A. WILTSHIRE
Acting Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are—
(a) to make further provision about the form and
content of plans, standards for plans, and the
procedure for submitting, certifying, lodging
and registering plans; and
(b) to make provision for the supply of
information about plans; and
(c) to make other amendments to the
Subdivision (Procedures) Regulations 1989
consequential on the enactment of the
Subdivision (Miscellaneous Amendments)
Act 1991.
2. Authorising provisions
These Regulations are made under section 43 of
the Subdivision Act 1988.
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3. Principal Regulations
In these Regulations the 1 Subdivision
(Procedures) Regulations 1989 are called the
Principal Regulations.
4. Amendment of regulation 5
In regulation 5 of the Principal Regulations for the
definition of "procedural plan" substitute—
'"procedural plan" means—
(a) any plan which does not require a
planning permit; or
(b) any plan which requires a planning
permit but is exempt from the referral
requirements of the planning scheme—
but does not include a plan referred to in
section 8(1)(b).'.
5. Amendment of regulation 7
(1) In regulation 7(1) of the Principal Regulations—
(a) after "on all plans" insert "under section 32B
and on all plans";
(b) after "Registrar" insert "except for a plan of
subdivision or consolidation under section
32".
(2) In regulation 7(2) of the Principal Regulations
after "use on" insert "a plan under section 32B
or".
(3) After regulation 7(2) of the Principal Regulations
insert—
"(3) A plan number must be used for one plan
only except for a staged subdivision.".
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6. Amendment of regulation 8(4)
In regulation 8(4) of the Principal Regulations for
paragraphs (a) and (b) substitute—
"(a) a licensed surveyor if the plan—
(i) is prepared by the licensed surveyor; or
(ii) is based on survey; or
(iii) is a plan of subdivision; or
(b) the applicant, if paragraph (a) does not
apply.".
7. Amendment of regulation 9(1)
In regulation 9(1) of the Principal Regulations—
(a) in the definition of the abbreviation '"E"
(no.)' after "number" insert ", a condition in
the nature of an easement in a Crown grant
or any other encumbrance";
(b) for the words and expressions beginning
'"MMBW"' and ending "Dandenong Valley
Authority;" substitute—
'"MMBW"—
(a) in relation to any matter occurring
before 1 July 1992, means
Melbourne and Metropolitan
Board of Works; and
(b) in relation to any matter occurring
on or after that date, means
Melbourne Water Corporation;
"DVA"—
(a) in relation to any matter occurring
before 1 November 1990, means
Dandenong Valley Authority; and
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(b) in relation to any matter occurring
on or after 1 November 1990 but
before 1 July 1992, means
Dandenong Valley and
Westernport Authority; and
(c) in relation to any matter occurring
on or after 1 July 1992, means
Melbourne Water Corporation;
"MWC" means the Melbourne Water
Corporation;'.
8. Amendment of regulation 10(e)
In regulation 10(e) of the Principal Regulations
omit "15,".
9. Amendment of regulation 11(1)
In regulation 11(1) of the Principal Regulations—
(a) after "lots," insert "roads,";
(b) after "each other" insert "or above or below
lots, roads, reserves or common property not
in the plan".
10. Amendment of regulation 13
(1) After regulation 13(1) of the Principal Regulations
insert—
"(1A) A continuous line must not be used to show
a building which does not constitute a
boundary.".
(2) In regulation 13 of the Principal Regulations for
sub-regulation (2) substitute—
"(2) A broken line must be used where a
boundary is a projection of a boundary
defined by reference to a building shown on
a
cross-section.".
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(3) After regulation 13(3) of the Principal Regulations
insert—
"(3A) Hatching need not be used if the plan
specifies which boundaries or parts of
boundaries are defined by a wall or other
parts of a building.".
(4) In regulation 13(5) of the Principal Regulations
after "feature" insert "a boundary defined in an
earlier registered plan by reference to a building".
(5) After regulation 13(5) of the Principal Regulations
insert—
"(6) Despite sub-regulation (5) the Registrar may
accept a plan as suitable for registration
where dimensions are not shown for all of
the boundaries of the land the subject of the
plan if the Registrar considers that—
(a) a survey indicates that any of the
dimensions of the relevant title
boundaries may be inaccurate; or
(b) the dimensions of any of the boundaries
are not shown on the relevant folio of
the register.".
11. Revocation of regulation 15
Regulation 15 of the Principal Regulations is
revoked.
12. Amendment of regulation 16
In regulation 16 of the Principal Regulations for
"varies or removes an easement must be
accompanied by" substitute "also varies or
removes an easement must refer to the grounds for
the removal or variation and include".
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13. Amendment of regulation 19
In regulation 19 of the Principal Regulations for
paragraph (f) substitute—
"(f) a statement whether standard or special rules
apply; and
(g) a statement, where appropriate, that the
limited body corporate exists following a
merger of bodies corporate and is the
successor of an unlimited body corporate as
referred to in section 32(2E)(b)(iv).".
14. Amendment of regulation 21
In regulation 21 of the Principal Regulations—
(a) for paragraphs (a) and (b) substitute—
"(a) show the lots and any roads reserves
common property easements and
restrictions in the first stage; and
(b) show all residual land with the lot
number or numbers S2, S3 etc. as
appropriate; and";
(b) in paragraph (d) for "in the form of
regulation 55" substitute "as required by
regulation 55".
15. Amendment of regulation 22
In regulation 22 of the Principal Regulations for
paragraph (b) substitute—
"(b) show the lots and any roads reserves
common property easements and restrictions
in that stage and which land (if any) is the
residual land; and
(ba) show any residual land with the lot number
or numbers S3, S4 etc. as appropriate; and".
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16. Amendment of regulation 24(1)
In regulation 24(1) of the Principal Regulations
omit "Diagrams and statements referred to in Part
4,".
17. Amendment of regulation 32
In regulation 32 of the Principal Regulations—
(a) sub-regulation (2) is revoked;
(b) in sub-regulation (3) omit "or (2)".
18. New regulation 37A
After regulation 37 of the Principal Regulations
insert—
"37A. Time to make a statement under section 36
The prescribed time under section 40(1A) is
49 days from the date a written request is
received by the Council or a referral
authority.".
19. Substitution of regulation 38
For regulation 38 of the Principal Regulations
substitute—
"38. Council to supply street numbers and lot
location information
Within one month of certification of the
plan, the Council must advise the Registrar
in the form of Form 21 of information
referred to in that form for each lot on the
plan.".
20. Amendment of regulation 41
(1) In regulation 41 of the Principal Regulations—
(a) in sub-regulation (1) after "in all other cases"
insert "except for a plan referred to in
regulation 42";
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(b) in sub-regulation (2) omit "or restriction".
(2) After regulation 41 (1) of the Principal
Regulations insert—
"(1A) An application under section 22(1B) for the
Registrar to serve a notice under section
22(1C) must be in the form of Form 8A.".
(3) After regulation 41(2) of the Principal Regulations
insert—
"(2A) The prescribed form for an application to the
Registrar under section 22 for the
registration of a certified plan of removal or
variation of a condition in the nature of an
easement in a Crown Grant under section 23
which is not part of a plan of subdivision or
plan of consolidation is the form of Form 10.
(2B) The prescribed form for an application to the
Registrar under section 22 for the
registration of a certified plan of creation
removal or variation of a restriction under
section 23 which is not part of a plan of
subdivision or plan of consolidation, is the
form of Form 10A.".
(4) For regulation 41(3) of the Principal Regulations
substitute—
"(3) Consent to the creation of an easement or the
creation variation or removal of a restriction
is required from any person who is not an
applicant for registration of a plan by which
an easement is to be created or a restriction
is to be created varied or removed but whose
land has the benefit or burden of any such
easement or restriction.
(4) Sub-regulation (3) does not apply to
easements or restrictions referred to in
section 23 or 36 or if the Registrar has made
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a declaration in regard to the easement or
restriction.
(5) If a plan relates to the removal or variation
of an easement by consent copies of each
consent which supported the application for
certification must accompany the application
for registration of the plan.
(6) The prescribed form for an application to the
Registrar under section 22 for the
registration of a certified plan to vest land in
a Council or remove a reservation or remove
a restriction on the use of land vested under
section 18 of the Cluster Titles Act 1974
under section 24A is in the form of Form
10B.
(7) The prescribed form for an application to the
Registrar under section 22 for the
registration of a certified plan to create a
body corporate under section 32B is in the
form of Form 10C.".
21. Amendment of regulation 42
In regulation 42 of the Principal Regulations omit
"(other than consolidation or subdivision)".
22. New regulation 42A inserted
After regulation 42 of the Principal Regulations
insert—
"42A. Advice and application concerning vesting
dates
The prescribed form of advice to the
Registrar and application to the Registrar to
record a vesting date under section 35 is the
form of Form 9A.".
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23. Revocation of regulation 44(1)
In regulation 44 of the Principal Regulations,
sub-regulation (1) is revoked.
24. Amendment of regulation 58
In regulation 58 of the Principal Regulations for
paragraph (e) substitute—
"(e) the form of Form 17 for a staged subdivision
for all stages including the master plan; or".
25. Amendment of regulation 60
After regulation 60(2) of the Principal Regulations
insert—
"(3) The name of a body corporate created on the
merger of bodies corporate must be Body
Corporate - (insert 1, 2, 3, etc. to identify
that it is a new body corporate) Plan No.
(insert a plan number relevant to one of the
prior bodies corporate).".
26. Transitional Provisions
After regulation 65 of the Principal Regulations
insert—
"PART 8—TRANSITIONAL PROVISIONS
66. Definitions
In this Part—
"amending regulations" means the Subdivision
(Procedures) (Miscellaneous Amendments)
Regulations 1996;
"procedures regulations" means these
Regulations as in force immediately before
the commencement of the amending
regulations.
67. Effect of this Part
r. 23 r. 26
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(1) This Part applies despite anything to the contrary
in these Regulations or the amending regulations.
(2) This Part must not be taken to affect or take away
from the operation of the Interpretation of
Legislation Act 1984.
68. Plans
(1) Regulations 5, 11, 13, 16, 19, 38 and 58 of the
procedures regulations continue to apply to a plan
submitted for certification before the
commencement of the amending regulations as if
the amending regulations had not been made.
(2) Sub-regulation (1) does not prevent an applicant
amending a plan so that it complies with these
regulations as amended by the amending
regulations, and if an applicant does so, those
regulations as so amended apply to the plan.
(3) Regulations 41 and 42 of the procedures
regulations continue to apply to an application for
registration of a plan made before the
commencement of the amending regulations as if
the amending regulations had not been made.
69. Forms
(1) If the amending regulations amend, or substitute a
form for, or permit another form to be used
instead of, a form prescribed by the procedures
regulations—
(a) a person may continue to use the old form
for 6 months after the commencement of the
amending regulations; and
(b) the use of the old form before the
commencement of the amending regulations
and for 6 months after the commencement of
the amending regulations must be taken to be
sufficient compliance with any provision of
these regulations as amended by the
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amending regulations that requires the use of
the amended substitute or replacement form.
(2) A statement of compliance issued under the
procedures regulations before the commencement
of the amending regulations or not later than 6
months after the commencement of the amending
regulations must be taken to be a statement of
compliance in the prescribed form.".
27. Amendment of Form 8
In Form 8 of the Schedule to the Principal
Regulations—
(a) after "Plan No." insert" *Stage No.";
(b) omit "*body corporate";
(c) for notes 1, 2, and 3 substitute—
"Note 1: Consents of all mortgagees
annuitants lessees sub-lessees and
caveators as required by section
22(1) of the Act must be endorsed
on this application or produced
with this application. If every
consent is not endorsed or
produced then an application
under section 22(1B) of the Act
must accompany this application
(see form 8A).
Note 2: If easements or restrictions are
created varied or removed by this
plan the supporting documents
referred to in section 6(1)(j) or (k)
of the Act or Regulation 41(3) of
the Subdivision (Procedures)
Regulations 1989 must be
produced to the Registrar.
Note 3: This form is also to be used by the
applicants acting under section
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32A of the Act. Any applications
under section 32 of the Act must
be made on Form 11.".
28. New Form 8A
After Form 8 of the Schedule to the Principal
Regulations insert—
"FORM 8A
Reg 41(1A) Subdivision (Procedures) Regulations
1989
Section 22
Subdivision Act 1988
Application for the service of a notice by the Registrar.
To the Registrar
Plan No.
This is an application for the service of a notice under
section 22(1C) of the Subdivision Act 1988.
1. Applicant: (Insert Name and Address)
2. The person/body listed in the schedule below has not
consented to the registration of the plan and their
consent is required for registration.
(Date)
Signature or Seal of Applicant, Solicitor or Agent.
Schedule
Person/Body Instrument No.
(Full names) (Lodging No. )
Note 1: The applicant must be the applicant for the
registration of the plan.
Note 2: See Section 22(1A) Subdivision Act 1988 for a
description of the person whose consent is
required for registration.".
29. Amendment of Form 9
r. 28 r. 29
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In Form 9 of the Schedule to the Principal
Regulations—
(a) omit "of subdivision" (where twice
occurring);
(b) omit the words and expressions beginning
"4." and ending "by agreement.";
(c) for Note 1 substitute—
"Note 1: Consents under section 22 may
not be necessary. See section
35(4) of the Subdivision Act
1988.";
(d) omit Note 3.
30. New Form 9A
After Form 9 of the Schedule to the Principal
Regulations insert—
"FORM 9A
Reg 42A Subdivision (Procedures) Regulations
1989
Section 35
Subdivision Act 1988
Advice to the Registrar and application to the Registrar for
the Registrar to record the vesting date of land acquired
compulsorily.
1. Plan No. (Insert section 35 Plan Number).
Applicant:
2. Land: (Insert Volume and folio reference and the land
identifier shown in the plan and other land description
as necessary of land acquired).
3. Encumbrances: * Free from
* Subject to the encumbrance listed
below.
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4. Government Gazette Reference: (Insert page number
and date of Government Gazette)
Signature or Seal of Applicant, Solicitor or Agent
Date:
* Delete if inapplicable
Note 1: A copy of the page of the Government Gazette
containing the Notice of Acquisition must be
produced with this application.
Note 2: Do not list encumbrances if the land acquired is to
be a road or reserve.".
31. Substitution of Form 10
For Form 10 of the Schedule to the Principal
Regulations substitute—
"FORM 10
Reg 41(2)and (2A) Subdivision (Procedures)
Regulations 1989
Section 22
Subdivision Act 1988
Application to register a plan of creation removal or
variation of an easement or a plan of variation or removal
of a condition in the nature of an easement in a Crown
Grant not done as part of a plan of subdivision or plan of
consolidation
To The Registrar
This is an application under section 22 of the Subdivision
Act 1988 for the registration of plan of *creation *removal
*variation of an *easement *condition in the nature of an
easement in a Crown Grant.
1. Applicant : (insert name and address)
2. Land In Plan: Benefited Land Burdened Land
(insert Volume and Folio references or other land
descriptions as necessary)
3. Municipal district in which the land is located: (insert
name of council and address of municipal offices).
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Signature Or Seal Of Applicant, Solicitor Or Agent
(Date)
* Delete If Inapplicable—
Note 1: This form is to be used—
(a) when a planning scheme or permit regulates or
authorises the creation variation or removal of an
easement; or
(b) for removal of an easement following an order under
section 36 of the Subdivision Act 1988; or
(c) when a planning scheme or permit regulates or
authorises the variation or removal of a condition in the
nature of an easement in a Crown Grant.
Note 2: The planning permit, the order under section 36 or
the amendment to the planning scheme must be
produced to the Registrar.".
32. New Forms 10A, 10B, 10C
After Form 10 of the Schedule to the Principal
Regulations insert—
"FORM 10A
Reg 41(2B) Subdivision (Procedures) Regulations
1989
Section 22
Subdivision Act 1988
Application to register a plan of creation removal or
variation of a restriction not done as part of a plan of
subdivision or plan of consolidation
To The Registrar:
This is an application under section 22 of the Subdivision
Act 1988 for the registration of plan of *creation *removal
*variation of a restriction.
1. Applicant: (insert name and address)
2. Land In Plan:
(insert Volume and Folio reference or other land
description as necessary of burdened land. Insert Volume
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and Folio references or other land description of benefited
land only if the plan creates a restriction.)
3. Municipal district in which land is located: (insert name
of council and address of municipal offices)
Signature or Seal of Applicant, Solicitor or Agent
(Date)
* Delete If Inapplicable
Note 1: This form is to be used when a planning scheme or
permit regulates or authorises the creation
variation or removal of a restriction.
Note 2: The planning permit or the amendment to the
planning scheme must be produced to the
Registrar.
Note 3: Certificates of title of benefited land need not be
produced to the Office of Titles.
FORM 10B
Regulation 41(6) Subdivision (Procedures)
Regulations 1989
Section 22
Subdivision Act 1988
Application to register a plan to
* vest land in a Council
* remove a reservation from land
* remove any restrictions on the use of land vested under
section 18 of the Cluster Titles Act 1974.
1. Applicant: (Insert name and address)
2. Land: (Insert Volume and Folio reference and other
land description as necessary of all land in this plan).
3. Municipal district in which land is located (insert name
of council and address of municipal office).
Signature or Seal of Applicant, Solicitor or Agent
(Date)
*Delete if inapplicable
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Note 1: Consents of all mortgagees annuitants lessees
sub-lessees and caveators as required by section
22(1) of the Act must be endorsed on this
application or produced with this application. If
that consent is not endorsed or produced then an
application under section 22(1B) of the
Subdivision Act 1988 must accompany this
application. (see Form 8A).
Note 2: If any land is to be vested by the plan then the
Council must be the applicant.
FORM 10C
Regulation 41(7) Subdivision (Procedures)
Regulations 1989.
Section 22
Subdivision Act 1988
To the Registrar:
Plan No.
Application to register a plan to create a body corporate.
1. Applicant: (insert name and address)
2. Land: (Insert Volume and Folio reference or other land
description as necessary of all land in the plan).
3. Municipal district in which land is located (insert name
of council and address of municipal office).
Signature or Seal of Applicant, Solicitor or Agent.
(Date)
Note: Consents of all mortgagees annuitants lessees
sub-lessees and caveators as required by section
22(1) of the Subdivision Act 1988 must be
endorsed on this application or produced with this
application. If that consent is not endorsed or
produced then an application under section 22(1B)
of the Act must accompany this application (see
Form 8A).".
33. Amendment of Form 11
r. 32 r. 33
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In Form 11 of the Schedule to the Principal
Regulations—
(a) omit "(other than consolidation or
subdivision.)"; and
(b) for the words and expressions beginning "2.
This is" and ending "Subdivision Act 1988"
substitute—
"2. This is an application for registration of
a plan resulting from alteration of a
subdivision containing a body
corporate".
34. Substitution of Form 17
For Form 17 of the Schedule to the Principal
Regulations substitute—
"FORM 17
Reg 58(e) and Reg 59 Subdivision (Procedures)
Regulation 1989.
Section 21
Subdivision Act 1988
To: (Owner or applicant)
(Address)
STATEMENT OF COMPLIANCE FOR STAGE NO. #
OF A STAGED PLAN
Council Ref. No.
Office of Titles Plan No.
Date certified by Council:
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1. This is a Statement of Compliance issued under section
21 for lots (insert lot numbers) being stage No. # of a
staged subdivision.
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, S3 etc.—or insert
inapplicable if this is a statement of compliance for the
last stage).
You should now lodge this statement in the Office of
Titles. If you have not yet lodged the certified plan then this
statement should be attached to it for lodging.
A summary/copy of the outstanding requirements of the
Council and the referral authorities is included but should
not be lodged in the Office of Titles.
* (Council delegate)
* (Council seal)
(Date)
* Delete if inapplicable.
# Insert one stage number.
Note: Section 21(4) enables a statement of compliance to
provide that an agreement under the Planning and
Environment Act 1987 no longer applies to
specified land in a stage. If this is done then the
agreement should be identified by reference to its
registration number at the Land Titles Office (if
any). The land to be no longer subject to the
agreement should be identified by reference to lot
and plan number.".
35. Amendment of Form 18
In Form 18 of the Schedule to the Principal
Regulations omit "*Stage No."
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36. Substitution of Form 19
For Form 19 of the Schedule to the Principal
Regulations substitute—
"FORM 19
Reg 56 Subdivision (Procedures) Regulations 1989
Section 20A
Subdivision Act 1988
ADVICE BY LICENSED SURVEYOR
This is the written advice by a licensed surveyor required
by section 20A of the Subdivision Act 1988. It relates to
Plan Number (insert plan no.)
1. Where appropriate, boundaries of the land in the plan,
the lots, common property, roads and reserves have
been marked out or defined and supporting survey
monumentation is in place on the Plan of Subdivision
referred to above as is required under the Surveyors
Act 1978 and the Survey Co-ordination Act 1958.
2. The accuracy of the plan and the boundary
determination is in accord with the accuracy
requirements of regulations under the Surveyors Act
1978 and the Survey Co-ordination Act 1958.
3. *A. The plan represents the adopted boundaries 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.*The relationships between supporting survey
monumentation and lot boundaries (including any
requirements to tie to monuments placed under the
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Survey Co-ordination Act 1958) are shown on the
attached supplementary abstract of field records.
* Delete if inapplicable.
Note: Item 3 must be completed if the plan is based on
survey.
Licensed Surveyor (Signature)
Name (Print) (date)
Firm Name (If Applicable) ".
37. Addition of Form 21
After Form 20 of the Schedule to the Principal
Regulations insert—
"FORM 21
Reg 38 Subdivision (Procedures) Regulations 1989.
ALLOCATION OF STREET NUMBERS AND
LOT LOCATION INFORMATION
Registrar of Titles
Advice of street numbers allocated for each lot and other
lot location information on a plan
Plan No. *PS (insert appropriate number)
*PC (insert appropriate number).
COUNCIL NAME:
COUNCIL REFERENCE NO.
Lot
No.
Floor
level
Flat or
Unit
Street
No.
Street
Name
Suburb
(insert details as appropriate).
* (Council Delegate)
* (Council Seal)
(Date)
*Delete if inapplicable
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Note: Regulation 38 requires the Council to advise the
Registrar of the street number allocated for each lot
and other lot location information within one month
of certification of the plan.".
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NOTES
1 S.R. No. 250/1989. Reprinted to S.R. No. 384/1989.
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