Land Legislation Amendment Act 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Land Legislation Amendment Act 2017 No. 42 of 2017 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—Amendment of the Transfer of Land Act 1958— Conversion of general law land 3 3 Bringing land under the Act 3 4 Section 26D repealed 3 5 Warnings on provisional folios 3 6 New sections 26X and 26Y inserted 3 Part 3—Amendment of the Transfer of Land Act 1958— Recordings in the Register and other matters 4 7 Repeal of section 2 and First Schedule 4 8 Definitions 4 9 Annual report to include details of changes to form of Register 5 10 Approved form 5 11 Register of land 5 12 Recordings in the Register 6 13 Certificates of title 6 14 Record of dealings 6 15 Record of plans 6 16 Creation of folio of the Register 7 17 Lost grant or certificate etc. 7 18 Instruments entitled to priority according to date of lodgment for registration 7 19 Entry of trusts in Register 7 20 Statute law revision 8 21 Form of transfer 8 22 Section 47 substituted 8 23 Sale under writ of fieri facias or decree of Supreme Court etc. 9 24 Registrar to give effect to order vesting trust estate 10 25 Section 59 substituted 10 26 Amendment of Register to reflect successor at law 11 27 Surrender of lease 11 28 New section 73B inserted 12 -- 1 of 43 -- Section Page ii Authorised by the Chief Parliamentary Counsel 29 Creation and nature of mortgages and charges 12 30 Discharge of mortgages and annuities 12 31 Mortgagee to verify identity of mortgagor for execution of mortgage or variation of mortgage 14 32 Transfer of mortgage—transferee to confirm, or verify, identity of mortgagor 14 33 Notification of restrictive covenants 14 34 Removal of caveat on application to Registrar 16 35 Except in certain cases caveat to lapse after thirty days notice given to caveator 16 36 Incorporation of common provisions 17 37 New section 91FA inserted 17 38 Expiry or withdrawal of priority notice 17 39 Abuttals used in description of land in certificate 18 40 General provision as to correction of errors etc. 18 41 Section 104 substituted 18 42 Registrar to refuse registration if documents or evidence not supplied 19 43 New sections 106B and 106C inserted 20 44 Service of notices 21 45 Inspection of Register 21 46 Receipt for and return of lodged documents 22 Part 4—Amendment of the Subdivision Act 1988 23 47 Bodies corporate 23 48 Definitions 23 49 What does this Act apply to? 24 50 New section 11B inserted 24 51 Plan must show easements and other rights 25 52 When can the Registrar register a plan? 25 53 Section 22A substituted 30 54 New section 22B inserted 31 55 What is the effect of registration? 31 56 Reserves and other similar land 32 57 Statute law revision 32 58 Section 27B substituted 32 59 Limited owners corporations 32 60 Plan must specify lot entitlement and lot liability 33 61 How can lot entitlement be altered? 33 62 New sections 38, 38A, 38B, 38C, 38D, 38E and 38F inserted 33 63 Delegation by the Minister 36 64 Registrar may approve forms 36 65 Repeals and savings 36 66 References 36 67 References to the Register under the Transfer of Land Act 1958 37 68 Act to apply to strata or cluster plans and redevelopment 37 -- 2 of 43 -- Section Page iii Authorised by the Chief Parliamentary Counsel Part 5—Amendment of the Valuation of Land Act 1960 38 69 Definitions 38 70 What information is available from the valuation record? 38 71 New section 7E substituted 38 72 Repeal of amending Act 39 ═══════════════ Endnotes 40 1 General information 40 -- 3 of 43 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Land Legislation Amendment Act 2017 † No. 42 of 2017 [Assented to 19 September 2017] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to amend the Transfer of Land Act 1958 in relation to the conversion of general law land and recordings in the Register; and (b) to amend the Subdivision Act 1988 in relation to unlimited and limited owners corporations and the registration of plans; and Victoria -- 4 of 43 -- Part 1—Preliminary Land Legislation Amendment Act 2017 No. 42 of 2017 2 Authorised by the Chief Parliamentary Counsel (c) to amend the Valuation of Land Act 1960 in relation to the provision of releasable information from the valuation record. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. -- 5 of 43 -- Part 2—Amendment of the Transfer of Land Act 1958—Conversion of general law land Land Legislation Amendment Act 2017 No. 42 of 2017 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of the Transfer of Land Act 1958—Conversion of general law land 3 Bringing land under the Act (1) Insert the following heading to section 9 of the Transfer of Land Act 1958— "Bringing land under the Act". (2) In section 9(1) of the Transfer of Land Act 1958 omit "with all reasonable speed". (3) After section 9(2) of the Transfer of Land Act 1958 insert— "(3) The Registrar may take all necessary steps to bring land under the operation of this Act.". 4 Section 26D repealed (1) Section 26D of the Transfer of Land Act 1958 is repealed. (2) In section 26Q(1) of the Transfer of Land Act 1958 omit ", 26D". 5 Warnings on provisional folios In section 26K(1) of the Transfer of Land Act 1958, for "106(c)" substitute "106(1)(c)". 6 New sections 26X and 26Y inserted After 26W of the Transfer of Land Act 1958 insert— "26X Registrar may bring land under this Act (1) The Registrar may make enquiries with municipal councils, statutory authorities or other persons for personal information that identifies ratepayers and mortgagors of land, for the purpose of comparing that information with information retained by the Registrar or the Registrar-General in -- 6 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 4 Authorised by the Chief Parliamentary Counsel relation to land that is to be brought under this Act. (2) For the purpose of bringing land under this Act, a municipal council, statutory authority or mortgagee may disclose personal information that identifies who is a ratepayer or mortgagor of the land. (3) The Registrar may create a provisional folio for land to be brought under this Act in the name of the person who appears to be a freehold owner of the land. 26Y Provisional folio becomes ordinary folio after 15 years A provisional folio of land brought under this Act becomes an ordinary folio, unless an ordinary folio of the land has otherwise been created, 15 years after the creation of the provisional folio.". Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters 7 Repeal of section 2 and First Schedule Section 2 of and the First Schedule to the Transfer of Land Act 1958 are repealed. 8 Definitions In section 4(1) of the Transfer of Land Act 1958— (a) the definitions of bankruptcy, computer, computer print-out, manual folio, recorded common provision and seal of the Office of Titles are repealed; -- 7 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 5 Authorised by the Chief Parliamentary Counsel (b) in the definition of instrument, for "of subdivision" substitute "within the meaning of the Subdivision Act 1988"; (c) for the definition of registered proprietor substitute— "registered proprietor means a person registered in the Register (other than on an identified folio) as the proprietor of any estate or interest in land;". 9 Annual report to include details of changes to form of Register Section 7 of the Transfer of Land Act 1958 is repealed. 10 Approved form (1) In sections 14(2), 15(2), 23(3), 26J(a), and 26P(1) of the Transfer of Land Act 1958, for "prescribed" substitute "approved". (2) In section 26V(1) of the Transfer of Land Act 1958 omit "or prescribed". (3) In section 98CA(2)(a) of the Transfer of Land Act 1958, for "prescribed" substitute "approved". (4) In section 120(2)(i) of the Transfer of Land Act 1958, for "prescribed" substitute "approved". 11 Register of land In section 27(12) of the Transfer of Land Act 1958, for "sections 27A and 27C" substitute "section 27A". -- 8 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 6 Authorised by the Chief Parliamentary Counsel 12 Recordings in the Register (1) In section 27A of the Transfer of Land Act 1958— (a) for subsection (1)(b) substitute— "(b) altering recordings in the Register; or (c) removing recordings in the Register—"; (b) for subsection (2)(b) substitute— "(b) altering an existing recording so as to comprise or include that information; or (c) removing recordings in the Register.". (2) Section 27A(1A) of the Transfer of Land Act 1958 is repealed. 13 Certificates of title In section 27B(6) of the Transfer of Land Act 1958, for "deliver" substitute "provide". 14 Record of dealings Section 27C(3) of the Transfer of Land Act 1958 is repealed. 15 Record of plans After section 27G(1) of the Transfer of Land Act 1958 insert— "(1A) The registration of a plan (within the meaning of section 3 of the Subdivision Act 1988) by the Registrar under section 22 of the Subdivision Act 1988 occurs when the Registrar creates a record that the plan has been registered.". -- 9 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 7 Authorised by the Chief Parliamentary Counsel 16 Creation of folio of the Register (1) In the heading to section 28 of the Transfer of Land Act 1958 omit "and certificate of title". (2) For section 28(1) of the Transfer of Land Act 1958 substitute— "(1) A Crown grant in fee or by way of a perpetual lease or a lease for years, received in accordance with section 8, is registered by the creation of a new folio of the Register". 17 Lost grant or certificate etc. For section 31(1) of the Transfer of Land Act 1958 substitute— "The Registrar, on application in the appropriate approved form and on proof to the Registrar's satisfaction of the loss, destruction or obliteration of a certificate of title, may cancel the folio and create a new folio of the Register.". 18 Instruments entitled to priority according to date of lodgment for registration Section 34(2) of the Transfer of Land Act 1958 is repealed. 19 Entry of trusts in Register For section 37 of the Transfer of Land Act 1958 substitute— "37 Entry of trusts in Register The Registrar shall not record in the Register notice of any trust whether express, implied or constructive.". -- 10 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 8 Authorised by the Chief Parliamentary Counsel 20 Statute law revision In section 42(2)(f) of the Transfer of Land Act 1958, for "three hundred and eighty-seven of the Local Government Act 1958" substitute "229 of the Local Government Act 1989". 21 Form of transfer Section 45(3) of the Transfer of Land Act 1958 is repealed. 22 Section 47 substituted For section 47 of the Transfer of Land Act 1958 substitute— "47 Power to Registrar to make a vesting order in cases of completed purchase (1) The Registrar may, in the Registrar's discretion, make a vesting order to give effect to the sale of land if it is proved to the satisfaction of the Registrar that— (a) land has been sold by the registered proprietor and— (i) the whole of the purchase money has been paid; or (ii) the time specified in section 8 of the Limitation of Actions Act 1958 has elapsed since the last payment was due to be paid by the purchaser to the registered proprietor under the contract of sale for the land; and (b) the purchaser or any person claiming under the purchaser has entered and taken possession under the purchase and that entry and possession have been acquiesced in by the vendor or the vendor's representatives; and -- 11 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 9 Authorised by the Chief Parliamentary Counsel (c) a transfer cannot be obtained as the registered proprietor is— (i) a natural person who is deceased and has no legal personal representative who can act on the deceased's behalf, or whose signature cannot for any reason be obtained within a reasonable time; or (ii) a body corporate and the authorised agent of the body corporate cannot be located or the agent's signature cannot be obtained within a reasonable time. (2) Upon making a vesting order under subsection (1), the Registrar must record, in any relevant part of the Register, the person in whom the order vests the land as the proprietor of the land, and that person becomes the registered proprietor and transferee of the land.". 23 Sale under writ of fieri facias or decree of Supreme Court etc. After section 52(6) of the Transfer of Land Act 1958 insert— "(6A) A judgment creditor may apply to the Registrar in the appropriate approved form to remove a notice of the receipt of the judgment, decree, order or process of execution of a court recorded on the relevant folio of the Register under subsection (2). -- 12 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 10 Authorised by the Chief Parliamentary Counsel (6B) On receiving an application by a judgment creditor under subsection (6A), the Registrar may amend the Register to remove the notice of the relevant receipt of the judgment, decree, order or process of execution of a court recorded on the relevant folio of the Register.". 24 Registrar to give effect to order vesting trust estate In section 58(1) of the Transfer of Land Act 1958, for "shall make a recording of the order in any relevant part of the Register" substitute "must register that person as the proprietor of the land, and that person becomes the registered proprietor and transferee of the land.". 25 Section 59 substituted For section 59 of the Transfer of Land Act 1958 substitute— "59 Application to become registered proprietor by person who land is vested in by Act or court order (1) A person may apply to the Registrar to become the registered proprietor of land that has been vested in the person— (a) by or under any Act, including a Commonwealth Act; or (b) by order of a court. (2) An application under subsection (1) must be in the appropriate approved form. (3) Upon granting of an application made under subsection (1), the Registrar must register the applicant as the proprietor of the land, and that person becomes the registered proprietor and transferee of the land.". -- 13 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 11 Authorised by the Chief Parliamentary Counsel 26 Amendment of Register to reflect successor at law (1) In section 59A(1) of the Transfer of Land Act 1958, before "body corporate" (where twice occurring) insert "person or". (2) For section 59A(2) of the Transfer of Land Act 1958 substitute— "(2) A request under subsection (1) must be accompanied by a certificate certifying that the property, rights or liabilities of the former person or body corporate specified in the certificate have been vested in, or become the property, right or liabilities of, the successor in law to the former person or body corporate, that is signed by— (a) in the case of a successor body corporate in law, the chief executive officer (however described) of the successor body corporate in law; or (b) in the case of a successor in law that is a natural person or corporation sole, the natural person or corporation sole.". (3) In section 59A(3) of the Transfer of Land Act 1958, before "body corporate" (where twice occurring) insert "person or". 27 Surrender of lease (1) After section 69(1A) of the Transfer of Land Act 1958 insert— "(1B) The surrender of lease under subsection (1) must be agreed to by the lessor and lessee of the lease.". -- 14 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 12 Authorised by the Chief Parliamentary Counsel (2) In section 69(3) of the Transfer of Land Act 1958, for "shall make on the relevant folio of the Register a recording of the surrender and, on the making of the recording," substitute "must remove the recording of the lease from the relevant folio of the Register and, on the removal of the recording,". 28 New section 73B inserted After section 73A of the Transfer of Land Act 1958 insert— "73B Right of carriageway The Registrar must not register or record an instrument that creates or surrenders a right of carriageway unless satisfied that the council of the municipal district in which the land is located has consented to the creation or surrender of the right of carriageway.". 29 Creation and nature of mortgages and charges In section 74(1A)(b)(ii) of the Transfer of Land Act 1958, for "in" substitute "on". 30 Discharge of mortgages and annuities (1) For section 84(1) of the Transfer of Land Act 1958 substitute— "(1) Upon submission of an instrument in an appropriate approved form signed by the mortgagee or annuitant discharging the land or part thereof from the whole or part of the moneys or annuity secured, the Registrar must remove the recording of the mortgage, charge or annuity from the relevant folio of the Register and that land or portion of land ceases to be subject to the mortgage, charge or annuity.". -- 15 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 13 Authorised by the Chief Parliamentary Counsel (2) For section 84(2)(a) of the Transfer of Land Act 1958 substitute— "(a) either— (i) all principal and interest due in respect of the mortgage have been paid to the person entitled to receive them; or (ii) section 20 of the Limitation of Actions Act 1958 applies; and". (3) For section 84(2)(b) of the Transfer of Land Act 1958 substitute— "(b) a discharge of mortgage instrument cannot be obtained because the mortgagee is— (i) a natural person who is deceased and has no legal personal representative who can act on the deceased's behalf, or whose signature cannot for any reason be obtained within a reasonable time; or (ii) a body corporate and the authorised agent of the body corporate cannot be located or the agent's signature cannot be obtained within a reasonable time.". (4) In section 84(3) of the Transfer of Land Act 1958, for "shall make a recording in any relevant part of the Register that such annuity is satisfied, and thereupon the land shall cease to be subject to or charged with such annuity" substitute "must remove the recording of the annuity from the relevant folio of the Register and that land or portion of land ceases to be subject to the annuity". (5) Section 84(4) and (5) of the Transfer of Land Act 1958 are repealed. -- 16 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 14 Authorised by the Chief Parliamentary Counsel 31 Mortgagee to verify identity of mortgagor for execution of mortgage or variation of mortgage In section 87A(1) of the Transfer of Land Act 1958, for "At the time of execution of" substitute "In respect of". 32 Transfer of mortgage—transferee to confirm, or verify, identity of mortgagor In section 87B(1) of the Transfer of Land Act 1958, for "At the time of execution of" substitute "In respect of". 33 Notification of restrictive covenants (1) For section 88(1), (1AA), (1AB), (1AC) and (1A) of the Transfer of Land Act 1958 substitute— "(1) The Registrar may record on the relevant folio of the Register the following— (a) subject to subsection (1A), a restrictive covenant, if all of the registered proprietors of the land to be affected by the covenant agree to the creation of the restrictive covenant; (b) subject to subsection (1A), (1B) and (1C), a variation or release of a recorded restrictive covenant. (1A) The Registrar must not, under this section, record a creation, variation or release of a restrictive covenant— (a) that is part of a plan under the Subdivision Act 1988; or -- 17 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 15 Authorised by the Chief Parliamentary Counsel (b) authorised by a planning scheme or permit under the Planning and Environment Act 1987. Note Creations, variations and releases of restrictive covenants created in plans under the Subdivision Act 1988 and authorised by planning schemes and permits under the Planning and Environment Act 1987 must be dealt with under the Subdivision Act 1988. (1B) A recording on a folio of a restrictive covenant created by a plan under the Subdivision Act 1988 must not be amended or deleted by the Registrar under this section unless the restrictive covenant is varied or released by— (a) the agreement of all of the registered proprietors of the land affected by the covenant with the consent of the council of the municipal district in which the land is located; or (b) an order of a court or VCAT. (1C) A recording on a folio of a restrictive covenant that was created in any way other than by a plan under the Subdivision Act 1988 may be amended or deleted by the Registrar under this section if the restrictive covenant is varied or released by— (a) the agreement of all of the registered proprietors of the land affected by the covenant; or (b) an order of a court or VCAT.". (2) In section 88(2) of the Transfer of Land Act 1958— (a) omit "a charge on land or any other right in the nature of a charge or"; -- 18 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 16 Authorised by the Chief Parliamentary Counsel (b) omit "or charge"; (c) omit "charge" (where fourthly and fifthly occurring). (3) In section 88(3) of the Transfer of Land Act 1958 omit "charge". 34 Removal of caveat on application to Registrar In section 89A of the Transfer of Land Act 1958— (a) in subsection (2)(b)— (i) for "his" substitute "the person's"; (ii) for "him" substitute "the caveator"; (b) in subsection (3)(b), after "a court" insert "or VCAT"; (c) in subsection (6), for "his" substitute "the caveator's"; (d) in subsection (7)(a), after "court" (where three times occurring) insert "or VCAT"; (e) in subsection (7)(b), after "court" insert "or VCAT". 35 Except in certain cases caveat to lapse after thirty days notice given to caveator (1) For section 90(1)(b) of the Transfer of Land Act 1958 substitute— "(b) a transfer or dealing as to which the caveator, or the caveator's agent, has consented in writing;". (2) In section 90(2) of the Transfer of Land Act 1958, for "his" substitute "the caveator's". (3) In section 90(4) of the Transfer of Land Act 1958, for "him" substitute "the Registrar". -- 19 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 17 Authorised by the Chief Parliamentary Counsel 36 Incorporation of common provisions In section 91B of the Transfer of Land Act 1958, for "recorded common provision" substitute "common provision in a memorandum retained by the Registrar under section 91A(2)". 37 New section 91FA inserted After section 91F of the Transfer of Land Act 1958 insert— "91FA Extension of priority notice (1) An applicant specified in a priority notice may apply to the Registrar for an extension of the priority notice. (2) An application for extension of a priority notice under subsection (1)— (a) must be in the approved form; and (b) must be made before the expiry or withdrawal of the priority notice; and (c) may only be lodged using an ELN; and (d) may be made only once. (3) An extension of a priority notice extends the period of priority given to an instrument specified in the notice to 90 days from the date of lodgement of the priority notice.". 38 Expiry or withdrawal of priority notice In section 91G of the Transfer of Land Act 1958— (a) in paragraph (1)(b), for "notice." substitute "notice; or"; (b) after paragraph (1)(b) insert— "(c) 90 days after the date of lodgement of the priority notice if the notice has been extended under section 91FA.". -- 20 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 18 Authorised by the Chief Parliamentary Counsel 39 Abuttals used in description of land in certificate Insert the following heading to section 96 of the Transfer of Land Act 1958— "Abuttals used in description of land". 40 General provision as to correction of errors etc. (1) After section 103(1AA) of the Transfer of Land Act 1958 insert— "(1AB) The Registrar may only make amendments to the Register under subsections (1) and (1AA) if an application in the appropriate approved form is lodged.". (2) In section 103(2)(a) of the Transfer of Land Act 1958— (a) for "him" substitute "the Registrar"; (b) for "he" substitute "the Registrar". 41 Section 104 substituted For section 104 of the Transfer of Land Act 1958 substitute— "104 Registrar may require documents and information (1) The Registrar, for the purposes of this Act or any other Act, may require any person to— (a) submit any certificate of title, instrument, administrative notice or other document; or (b) give any information; or (c) comply with any requisition relating to any land. (2) If the Registrar considers it necessary or appropriate to do so, the Registrar, by notice in writing to any person who has or may have the custody or control of any certificate -- 21 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 19 Authorised by the Chief Parliamentary Counsel of title, may require the person to bring the certificate of title into the Office of Titles within a period specified in the notice, being not less than 30 days from the date the notice bears, to be destroyed, inspected or otherwise dealt with, as the case requires. (3) Despite anything in this Act or any other Act, the Registrar, at the Registrar's discretion, may dispense with the submission of any certificate of title or any instrument or document or any signature or the supply of any information or any advertisement or notice. (4) The Registrar, for the purposes of this Act or any other Act, may require any person to verify any matter by statutory declaration. (5) The Registrar, for the purposes of this Act or any other Act, may require a person to provide a certification in accordance with section 106A in place of evidence.". 42 Registrar to refuse registration if documents or evidence not supplied For section 105 of the Transfer of Land Act 1958 substitute— "105 Registrar to refuse registration if documents or evidence not supplied If the Registrar is of the opinion that the submission of any document, a response to any requisition or the giving of any information, evidence or notice or the doing of any act is necessary or desirable, then, if the document, information, evidence or notice is not supplied or given or the act is not done within such time as the Registrar allows— -- 22 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 20 Authorised by the Chief Parliamentary Counsel (a) the Registrar may refuse to accept, complete or proceed with any application, registration, dealing or matter whatsoever or to do any act or make any entry or memorandum; and (b) the Registrar may return all or any of the instruments and documents lodged in connection with the matter that the Registrar thinks fit; and (c) the fees paid in respect of the matter are forfeited.". 43 New sections 106B and 106C inserted After section 106A of the Transfer of Land Act 1958 insert— "106B Notice of a statutory charge (1) A person that acquires a statutory charge under a law of Victoria or the Commonwealth may, under this section, lodge with the Registrar a notice of a statutory charge in the appropriate approved form. (2) If a statutory charge no longer affects the land, the person who benefits from the statutory charge must, under this section, request the Registrar to remove or delete the notice of the charge from the relevant folio of the Register. 106C Application to Registrar under other Act If a provision of another Act permits or requires an application to be made to the Registrar, the application is to be made under this section in the appropriate approved form.". -- 23 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 21 Authorised by the Chief Parliamentary Counsel 44 Service of notices (1) In section 113(1) of the Transfer of Land Act 1958— (a) for "his address for service" substitute "the person's address for service shown in the Register"; (b) omit "or, if he has no address for service within the meaning of this section, at his last known place of abode". (2) Section 113(2) of the Transfer of Land Act 1958 is repealed. (3) In section 113(4) of the Transfer of Land Act 1958, for "him to be filed with a memorandum that it was so sent and the memorandum shall be" substitute "the Registrar to be retained, which is". (4) In section 113(5), (6) and (6A) of the Transfer of Land Act 1958 omit "or alter". (5) In section 113(5)(b) of the Transfer of Land Act 1958, after "title" insert "or administrative notice". (6) For section 113(7) of the Transfer of Land Act 1958 substitute— "(7) When a notice is sent to any person at the person's address for service and the notice is returned or not delivered, the Registrar may proceed with an action without giving further notice of the action.". 45 Inspection of Register (1) Insert the following heading to section 114 of the Transfer of Land Act 1958— "Inspection of Register and record of dealings". -- 24 of 43 -- Part 3—Amendment of the Transfer of Land Act 1958—Recordings in the Register and other matters Land Legislation Amendment Act 2017 No. 42 of 2017 22 Authorised by the Chief Parliamentary Counsel (2) In section 114(1) of the Transfer of Land Act 1958, after "Register" insert "and the record of dealings". (3) In section 114(2) of the Transfer of Land Act 1958 omit "manual". 46 Receipt for and return of lodged documents For section 115 of the Transfer of Land Act 1958 substitute— "115 Registrar to deal with lodging party (1) Subject to subsection (2), the Registrar is only required to deal with the lodging party in respect of a lodged instrument. (2) The Registrar is only required to deal with a person in respect of a lodged electronic instrument who is a Responsible Subscriber, defined in the participation rules (within the meaning of the Electronic Conveyancing National Law (Victoria),". -- 25 of 43 -- Part 4—Amendment of the Subdivision Act 1988 Land Legislation Amendment Act 2017 No. 42 of 2017 23 Authorised by the Chief Parliamentary Counsel Part 4—Amendment of the Subdivision Act 1988 47 Bodies corporate In section 1(b) of the Subdivision Act 1988, for "bodies corporate" substitute "owners corporations". 48 Definitions In section 3(1) of the Subdivision Act 1988— (a) insert the following definitions— "GAIC recording has the same meaning as it has in Part 9B of the Planning and Environment Act 1987; Register has the same meaning as it has in the Transfer of Land Act 1958;"; (b) for the definition of limited owners corporation substitute— "limited owners corporation means an owners corporation— (a) that is specified as limited; and (b) whose purpose is to manage the land affected by the owners corporation in accordance with specified limitations"; (c) in the definition of public authority, for "municipal council" substitute "Council"; (d) for the definition of site value substitute— "site value has the same meaning as it has in the Valuation of Land Act 1960;"; -- 26 of 43 -- Part 4—Amendment of the Subdivision Act 1988 Land Legislation Amendment Act 2017 No. 42 of 2017 24 Authorised by the Chief Parliamentary Counsel (e) for the definition of unlimited owners corporation substitute— "unlimited owners corporation means an owners corporation— (a) that is specified as unlimited; and (b) whose purpose is to manage the land affected by the owners corporation (except the use of any common property affected by a limited owners corporation);". 49 What does this Act apply to? (1) At the foot of section 4(1) of the Subdivision Act 1988 insert— "Note Section 97(1) and (2) of the Transfer of Land Act 1958 provides that this Act and the Transfer of Land Act 1958 are to be read together.". (2) After section 4(8) of the Subdivision Act 1988 insert— "(9) This Act does not apply to anything done under section 526, 527, 528 or 569BA of the Local Government (Miscellaneous) Act 1958 as in force immediately before the repeal of those sections.". 50 New section 11B inserted After section 11A of the Subdivision Act 1988 insert— "11B Amendment to plan sealed by council A plan of subdivision, including a plan of strata subdivision and a plan of cluster subdivision or a plan of consolidation, which has been sealed by a Council may be amended in accordance with section 11 as if it were a certified plan.". -- 27 of 43 -- Part 4—Amendment of the Subdivision Act 1988 Land Legislation Amendment Act 2017 No. 42 of 2017 25 Authorised by the Chief Parliamentary Counsel 51 Plan must show easements and other rights (1) For section 12(3) of the Subdivision Act 1988 substitute— "(3) A plan may provide that some, all or none of the easements and rights referred to in subsection (2) are implied as a burden or benefit over all or any of the land on the plan.". (2) For section 12(3B) of the Subdivision Act 1988 substitute— "(3B) There are implied over any road set aside on a plan, in favour of the appropriate responsible public authority or Council, all easements and rights necessary to provide passage or provision of water, sewerage, drainage, gas, electricity, garbage, air or any other service of whatever nature (including telephone, radio, television and data transmission), if the easement or right is consistent with the reasonable use of the land as a road.". (3) In section 12(5) of the Subdivision Act 1988— (a) omit "of the easement"; (b) after "registered" insert "on which there is an easement". 52 When can the Registrar register a plan? (1) In section 22(1) of the Subdivision Act 1988— (a) in paragraph (b)— (i) after "compliance" insert "with the plan,"; (ii) for "Minister" substitute "Minister,"; -- 28 of 43 -- Part 4—Amendment of the Subdivision Act 1988 Land Legislation Amendment Act 2017 No. 42 of 2017 26 Authorised by the Chief Parliamentary Counsel (b) for paragraphs (c), (d), (da) and (e) substitute— "(c) in the case of a master plan— (i) each of those persons listed in subsection (1A) whose encumbrance mentioned in that subsection relates to the land in the first stage (but not the residual land) consents in writing to the registration of the plan; or (ii) the applicant satisfies the Registrar that each of the persons listed in subsection (1A) whose encumbrance mentioned in that subsection relates to the land in the first stage (but not the residual land) consents to the registration of the plan; and (d) in the case of a plan for the second or a subsequent stage in a staged subdivision using the procedure under section 37— (i) each of the persons listed in subsection (1A) whose encumbrance mentioned in that subsection relates to that stage (but not the residual land) consents in writing to the registration of the plan; or (ii) the applicant satisfies the Registrar that each of the persons listed in subsection (1A) whose encumbrance mentioned in that subsection relates to that stage (but not the residual land) -- 29 of 43 -- Part 4—Amendment of the Subdivision Act 1988 Land Legislation Amendment Act 2017 No. 42 of 2017 27 Authorised by the Chief Parliamentary Counsel consents to the registration of the plan; and (da) in the case of a plan that is not a plan for a staged subdivision using the procedure under section 37— (i) each of the persons listed in subsection (1A) whose encumbrance mentioned in that subsection relates to the land on the plan consents in writing to the registration of the plan; or (ii) the applicant satisfies the Registrar that each of the persons listed in subsection (1A) whose encumbrance mentioned in that subsection relates to the land on the plan consents to the registration of the plan; and (e) the land is under the Transfer of Land Act 1958 except for a plan referred to in section 35; and"; (c) in paragraph (g)— (i) for "(within the meaning of Part 9B of the Planning and Environment Act 1987)," substitute "and the plan is a plan of subdivision and"; (ii) for "accompanied" substitute "supported"; -- 30 of 43 -- Part 4—Amendment of the Subdivision Act 1988 Land Legislation Amendment Act 2017 No. 42 of 2017 28 Authorised by the Chief Parliamentary Counsel (iii) in subparagraph (i), for "that Act" substitute "the Planning and Environment Act 1987"; (iv) in subparagraph (ii)— (A) after "201UC" insert "of the Planning and Environment Act 1987"; (B) for "Commissioner." substitute "Commissioner of State Revenue; or"; (v) after subparagraph (ii) insert— "(iii) confirmation from the Commissioner of State Revenue that the plan is not subject to liability for a growth areas infrastructure contribution under Part 9B of the Planning and Environment Act 1987.". (2) In section 22(1A) of the Subdivision Act 1988— (a) in paragraph (c), after "caveator" insert "claiming an interest in the freehold estate,"; (b) in paragraph (d)— (i) omit "an annuitant whose charge, or "; (ii) after "mortgage," insert "annuity,". (3) For section 22(1AB) of the Subdivision Act 1988 substitute— "(1AB) If a person's consent to the registration of a plan is required, consent is taken to be given if the person— -- 31 of 43 -- Part 4—Amendment of the Subdivision Act 1988 Land Legislation Amendment Act 2017 No. 42 of 2017 29 Authorised by the Chief Parliamentary Counsel (a) requests the Registrar to register the plan; or (b) produces or nominates a certificate of title for the registration of the plan.". (4) For section 22(1B) of the Subdivision Act 1988 substitute— "(1B) The applicant may apply to the Registrar for service of a notice under subsection (1C) on a person whose consent to the registration of a plan is required if— (a) the person has refused consent; or (b) the applicant satisfies the Registrar that consent cannot be obtained from the person.". (5) In section 22(1E) of the Subdivision Act 1988, for "Order" substitute "order". (6) In section 22(1F) of the Subdivision Act 1988— (a) for "the Court" substitute "the Supreme Court"; (b) for "Order" substitute "order". (7) In section 22(2) of the Subdivision Act 1988— (a) in paragraph (a), after "require the applicant" insert "or a licensed surveyor acting on behalf of the applicant"; (b) in paragraph (b), after "the applicant" insert "or a licensed surveyor acting on behalf of the applicant". -- 32 of 43 -- Part 4—Amendment of the Subdivision Act 1988 Land Legislation Amendment Act 2017 No. 42 of 2017 30 Authorised by the Chief Parliamentary Counsel 53 Section 22A substituted For section 22A of the Subdivision Act 1988 substitute— "22A Registrar may require documents and information (1) The Registrar, for the purposes of this Act or any other Act, may require any person to— (a) submit any certificate of title, instrument, administrative notice or other document; or (b) give any information; or (c) comply with any requisition relating to any land. (2) If the Registrar considers it necessary or appropriate to do so, the Registrar, by notice in writing to any person who has or may have the custody or control of any certificate of title, may require the person to bring the certificate of title into the Office of Titles within a period specified in the notice, being not less than 30 days from the date the notice bears, to be destroyed, inspected or otherwise dealt with, as the case requires. (3) Despite anything in this Act or any other Act, the Registrar, at the Registrar's discretion, may dispense with the submission of any certificate of title or any instrument or document or any signature or the supply of any information or any advertisement or notice. (4) The Registrar, for the purposes of this Act or any other Act, may require any person to verify any matter by statutory declaration. -- 33 of 43 -- Part 4—Amendment of the Subdivision Act 1988 Land Legislation Amendment Act 2017 No. 42 of 2017 31 Authorised by the Chief Parliamentary Counsel (5) The Registrar, for the purposes of this Act or any other Act, may require a person to provide a certification in accordance with section 106A of the Transfer of Land Act 1958 in place of evidence.". 54 New section 22B inserted After section 22A of the Subdivision Act 1988 insert— "22B Registrar to refuse registration if documents or evidence not supplied If the Registrar is of the opinion that the submission of any document, a response to any requisition or the giving of any information, evidence or notice or the doing of any act is necessary or desirable, then, if the document, information, evidence or notice is not supplied or given or the act is not done within such time as the Registrar allows— (a) the Registrar may refuse to accept, complete or proceed with any application, registration, dealing or matter whatsoever or to do any act or make any entry or memorandum; and (b) the Registrar may return all or any of the instruments and documents lodged in connection with the matter that the Registrar thinks fit; and (c) the fees paid in respect of the matter are forfeited.". 55 What is the effect of registration? In section 24(1) of the Subdivision Act 1988, for "from the time that" substitute "when". -- 34 of 43 -- Part 4—Amendment of the Subdivision Act 1988 Land Legislation Amendment Act 2017 No. 42 of 2017 32 Authorised by the Chief Parliamentary Counsel 56 Reserves and other similar land After section 24A(1A) of the Subdivision Act 1988 insert— "(1AB) A plan under this Act may do any of the things a plan referred to in subsection (1) can do.". 57 Statute law revision For section 24A(8)(b) of the Subdivision Act 1988 substitute— "(b) secondly, for any of the following recreational or cultural purposes— (i) halls and public buildings; (ii) sport, recreation, leisure and arts; (iii) parks, gardens and reserves; (iv) libraries and museums; (v) historic buildings and places; (vi) public entertainment.". 58 Section 27B substituted For section 27B of the Subdivision Act 1988 substitute— "27B Purposes of an unlimited owners corporation The purposes of an unlimited owners corporation must be provided to the Registrar in a manner acceptable to the Registrar.". 59 Limited owners corporations (1) For the heading to section 27C of the Subdivision Act 1988 substitute— "Limited owners corporations". -- 35 of 43 -- Part 4—Amendment of the Subdivision Act 1988 Land Legislation Amendment Act 2017 No. 42 of 2017 33 Authorised by the Chief Parliamentary Counsel (2) Section 27C(1) of the Subdivision Act 1988 is repealed. (3) For section 27C(2) of the Subdivision Act 1988 substitute— "(2) The purposes of a limited owners corporation must be provided to the Registrar in a manner acceptable to the Registrar.". 60 Plan must specify lot entitlement and lot liability For section 27F(2) of the Subdivision Act 1988 substitute— "(2) The basis for the allocation of lot entitlement and lot liability and any other prescribed information must be provided to the Registrar in a manner acceptable to the Registrar.". 61 How can lot entitlement be altered? In section 33(1) of the Subdivision Act 1988— (a) omit "prescribed"; (b) after "form" insert "approved by the Registrar". 62 New sections 38, 38A, 38B, 38C, 38D, 38E and 38F inserted After section 37 of the Subdivision Act 1988 insert— "38 Amendment to accessory lot on plan (1) With the written consent of the Council, the owner of an accessory lot on a plan of strata subdivision or of an accessory lot on a plan of cluster subdivision may apply in the form approved by the Registrar to have the plan amended so that the lot is no longer shown as an accessory lot. -- 36 of 43 -- Part 4—Amendment of the Subdivision Act 1988 Land Legislation Amendment Act 2017 No. 42 of 2017 34 Authorised by the Chief Parliamentary Counsel (2) The Registrar may amend the plan in accordance with an application. (3) On the amendment of the plan, the lot ceases to be an accessory lot and becomes a lot for the purposes of this Act. (4) The Registrar may make any amendments to the Register that are necessary because of the operation of this section. 38A Amendment to restricted lot on plan (1) With the written consent of the Council, the owner of a restricted lot on a plan of strata subdivision or a restricted lot on a plan of cluster subdivision may apply in the form approved by the Registrar to remove the restriction. (2) The Registrar may amend the plan in accordance with the application. (3) On the amendment of the plan the notice ceases to apply to that lot. 38B Application by owners corporation for amendment to scheme of development for cluster subdivision With the written consent of the Council, an owners corporation may apply in the form approved by the Registrar to the Registrar to cancel or alter a scheme of development accompanying a plan of cluster subdivision. 38C Application by lot owner for amendment to scheme of development for cluster subdivision With the written consent of the Council, the owner of a lot on a plan of cluster subdivision may apply in the form approved by the Registrar to the Registrar to cancel or alter the scheme of development -- 37 of 43 -- Part 4—Amendment of the Subdivision Act 1988 Land Legislation Amendment Act 2017 No. 42 of 2017 35 Authorised by the Chief Parliamentary Counsel accompanying the plan so far as it affects that lot. 38D Power of Registrar to deal with applications under section 38B or 38C (1) The Registrar may cancel or alter the scheme of development in accordance with the application under section 38B or 38C. (2) If cancelled, the scheme of development ceases to have effect. (3) If altered, the scheme of development has effect as altered by the Registrar. 38E Consent for amendment to plan On an application under section 38, 38A, 38B or 38C, the consent of any person who has an estate, interest or claim in the land is not required. 38F Proceedings for further stages of development of land in plan of cluster subdivision If a plan of cluster subdivision for the development of land in stages has been registered— (a) before the commencement of section 44(5E) of the Subdivision Act 1988 as in force immediately before the commencement of the Land Legislation Amendment Act 2017; or (b) on or after the commencement of section 44(5E) of the Subdivision Act 1988 as in force immediately before the commencement of the Land Legislation Amendment Act 2017, under the provisions applied by section 44(3B) of the Subdivision -- 38 of 43 -- Part 4—Amendment of the Subdivision Act 1988 Land Legislation Amendment Act 2017 No. 42 of 2017 36 Authorised by the Chief Parliamentary Counsel Act 1988 as in force immediately before the commencement of the Land Legislation Amendment Act 2017— proceedings may be taken in relation to any further stage in the development or to have a plan substituted as if the Subdivision Act 1988 (except for sections 44(2) to 44(11)) as in force immediately before the commencement of the Land Legislation Amendment Act 2017 had not commenced, and Part IV of the Cluster Titles Act 1974 and any regulations made under that Act for the purposes of that Part continue, subject to Schedule 2, to apply to that staged development.". 63 Delegation by the Minister In section 42(2) of the Subdivision Act 1988— (a) for "municipal council" substitute "Council"; (b) for "a council" substitute "a Council". 64 Registrar may approve forms (1) In section 42A(2) of the Subdivision Act 1988, for "on the Internet site for the Office of Titles" substitute "in a manner that the Registrar thinks fit". (2) Section 42A(3) of the Subdivision Act 1988 is repealed. 65 Repeals and savings Section 44 of the Subdivision Act 1988 is repealed. 66 References In section 44A(o) and (p) of the Subdivision Act 1988, for "bodies corporate" substitute "owners corporations". -- 39 of 43 -- Part 4—Amendment of the Subdivision Act 1988 Land Legislation Amendment Act 2017 No. 42 of 2017 37 Authorised by the Chief Parliamentary Counsel 67 References to the Register under the Transfer of Land Act 1958 Section 45 of the Subdivision Act 1988 is repealed. 68 Act to apply to strata or cluster plans and redevelopment At the foot of clause 2(1)(d) of Schedule 2 to the Subdivision Act 1988 insert— "Note A body corporate under this Act has the same meaning as an owners corporation as defined in section 3 of the Owners Corporations Act 2006, in accordance with clause 4 of Schedule 2 to that Act.". -- 40 of 43 -- Part 5—Amendment of the Valuation of Land Act 1960 Land Legislation Amendment Act 2017 No. 42 of 2017 38 Authorised by the Chief Parliamentary Counsel Part 5—Amendment of the Valuation of Land Act 1960 69 Definitions In section 2(1) of the Valuation of Land Act 1960 insert the following definitions— "Information Privacy Principle has the same meaning as in the Privacy and Data Protection Act 2014; releasable information means— (a) the net annual value, the site value and the capital improved value for each property recorded in the valuation record, where that value has been determined in the relevant valuation specified in section 7C(1); (b) a property description for each property recorded in the valuation record;". 70 What information is available from the valuation record? Section 7D(3) of the Valuation of Land Act 1960 is repealed. 71 New section 7E substituted For section 7E of the Valuation of Land Act 1960 substitute— "7E Provision of releasable information On the payment of any fees as may be set by the valuer-general, the valuer-general may, subject to and in accordance with any written policy directions of the Minister, supply to any person releasable information that— (a) forms part of the valuation record; and (b) is publicly available under section 7D.". -- 41 of 43 -- Part 5—Amendment of the Valuation of Land Act 1960 Land Legislation Amendment Act 2017 No. 42 of 2017 39 Authorised by the Chief Parliamentary Counsel 72 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 42 of 43 -- Endnotes Land Legislation Amendment Act 2017 No. 42 of 2017 40 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 22 March 2017 Legislative Council: 23 June 2017 The long title for the Bill for this Act was "A Bill for an Act to amend the Transfer of Land Act 1958 in relation to the conversion of general law land, recording of notices and instruments, and other matters relating to the recording of instruments in the Register, the Subdivision Act 1988 in relation to unlimited and limited owners corporations and the registration of plans, and the Valuation of Land Act 1960 in relation to the release of information from the valuation record and for other purposes." -- 43 of 43 --