subdivision (procedures) regulations 2011file/11-112sr.docx · web view(3)despite the revocation...

Subdivision (Procedures) Regulations 2011S.R. No. 112/2011

TABLE OF PROVISIONS

Regulation Page

PART 1—PRELIMINARY 1

1 Objectives 12 Authorising provision 13 Commencement 24 Revocation 25 Definition 2

PART 2—CERTIFICATION PROCEDURES 3

6 Form of application for certification of plan 37 Time for Council to certify plan 38 Form of certification without statement of compliance 39 Form of certification with statement of compliance 410 Form of certification for acquisition plans 411 Council to supply street address and lot location information on

certification 512 Time for giving reasons for refusal to certify 513 Time for Council to send plan to referral authority 514 Referral of plan under section 8(1) 515 Time for referral authority to reply 616 Form for requiring specified alterations 617 Form for refusal of consent by referral authority 618 Time in which Council may require alterations to plan 619 Advising that altered plan received and times recommenced 720 Time for making a statement under section 36 7

PART 3—AMENDING CERTIFIED PLANS 8

21 Form of application to amend certified plan 822 Time for Council to send amended plan to referral authority 823 Form of referral of application for amendment 824 Time for referral authority to reply 825 Form of notification of requirement of specified alterations by

referral authority 9

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26 Form of notification of refusal of consent to amend plan by referral authority 9

27 Time for Council to certify or re-certify amended plans 928 Form of re-certifying amended plans or certifying replacement

plans 929 Council to supply amended street address and lot location

information 11

PART 4—WORKS AND OTHER REQUIREMENTS 12

30 Time for making decision on engineering plans 1231 Form of advice that land marked out or defined 1232 Form of statement of compliance 12

PART 5—MISCELLANEOUS 14

33 Council to keep register 1434 Times for concurrent processing of planning and subdivision

applications 1535 Time for nomination of an authority 1636 Form of refusal 1637 Application for leave to acquire or remove easement 1638 Application for determination of dispute 1739 Time to apply for review 17

PART 6—TRANSITIONAL PROVISIONS 19

40 Transitional—Application for certification of plan 1941 Transitional—Application to amend certified plan 1942 Making of applications etc. 19

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SCHEDULES 21

SCHEDULE 1 21

Forms 21

Form 1—Application for Certification of plan 21

Form 2—Certification of plan by Council 24

Form 3—Concurrent Certification and Statement of Compliance 25

Form 4—Certification of Acquisition Plans 26

Form 5—Requirement for Alterations to Plan 27

Form 6—Refusal of Consent by Referral Authority 28

Form 7—Notice of Recommencement of Referral Time 29

Form 8—Application to Amend Certified Plan 30

Form 9—Requirement of Alterations to Plan 33

Form 10—Re-certifying amended Plan 34

Form 11—Certifying a New Version of an Existing Plan 35

Form 12—Certifying a New Version of an Existing Plan concurrently with Statement of Compliance 36

Form 13—Advice by Licensed Surveyor 38

Form 14—Statement of Compliance for specified Stage of a Staged Plan 39

Form 15—Statement of Compliance 41

Form 16—Refusal 42

SCHEDULE 2—Revocations 45

═══════════════ENDNOTES 46

STATUTORY RULES 2011

S.R. No. 112/2011

Subdivision Act 1988

Subdivision (Procedures) Regulations 2011

The Governor in Council makes the following Regulations:

Dated: 4 October 2011

Responsible Minister:

MATTHEW GUYMinister for Planning

MATTHEW McBEATHClerk of the Executive Council

PART 1—PRELIMINARY

1 Objectives

The objectives of these Regulations are to—

(a) prescribe time limits for things done under the Subdivision Act 1988; and

(b) prescribe forms authorised by that Act; and

(c) provide for procedures relating to the certification of plans; and

(d) require Councils to maintain a register of applications made under that Act; and

(e) provide for other matters authorised by that Act.

2 Authorising provision

These Regulations are made under section 43 of the Subdivision Act 1988.

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3 Commencement

These Regulations come into operation on 8 October 2011.

4 Revocation

The Regulations listed in Schedule 2 are revoked.

5 Definition

In these Regulations—

general plan means any plan made under the Act that is not a procedural plan;

procedural plan means—

(a) any plan made under the Act which does not require a planning permit; or

(b) any plan made under the Act which requires a planning permit but is exempt from the referral requirements of the planning scheme—

but does not include a plan made under the Act which a Council must refer to a referral authority under section 8(1)(b) of the Act;

public open space requirement means a requirement under section 18 of the Act to set aside public open space, pay money or do both;

the Act means the Subdivision Act 1988;

the Tribunal means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998.

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PART 2—CERTIFICATION PROCEDURES

6 Form of application for certification of plan

For the purposes of section 5(3)(c) of the Act, the prescribed form for an application is Form 1 in Schedule 1.

7 Time for Council to certify plan

Subject to regulation 34, for the purposes of section 6(1) of the Act, the prescribed time is—

(a) in the case of a procedural plan, 14 days from the date on which the Council received the plan; or

(b) in the case of a general plan that is not referred to a referral authority, 21 days from the date on which the Council received the plan; or

(c) in the case of a general plan that is referred to a referral authority, 49 days from the date on which the Council received the plan.

Note

If a referral authority requires a specified alteration to a plan under section 9(1) of the Act or if a Council requires an alteration to a plan under section 10(1) of the Act, the time for consideration of the plan is suspended until the altered plan is submitted to the Council (see sections 9(4) and 10(3) of the Act).

8 Form of certification without statement of compliance

The prescribed form for the certification under section 6(1) of the Act of a plan—

(a) in relation to which a statement of compliance is not issued under section 21(1) of the Act concurrently with certification because the Council is not satisfied that the


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requirements of section 21(1)(b) of the Act are met; and

(b) that was not submitted by an acquiring authority under section 35 of the Act—

is Form 2 in Schedule 1.

9 Form of certification with statement of compliance

The prescribed form for the certification under section 6(1) of the Act of a plan—

(a) in relation to which a statement of compliance is issued under section 21(1) of the Act concurrently with certification; and

(b) that was not submitted by an acquiring authority under section 35 of the Act—


10 Form of certification for acquisition plans

The prescribed form for the certification under section 6(1) of the Act of a plan that was submitted by an acquiring authority under section 35 of the Act is—

(a) if the plan does not create additional lots1, Form 4 in Schedule 1 containing items A, B and D; or

(b) if the plan creates additional lots and a statement of compliance is not issued concurrently with the certification of the plan, Form 4 in Schedule 1 containing items C and D; or

(c) if the plan creates additional lots and the plan is to be certified concurrently with the issue of a statement of compliance, Form 4 in Schedule 1 containing items C, D and G.


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11 Council to supply street address and lot location information on certification

When a Council certifies a plan of subdivision or consolidation under section 6(1) of the Act, the Council must give the applicant the street address and lot location of each lot on the plan, in the manner approved by the Registrar.

12 Time for giving reasons for refusal to certify

Subject to regulation 34, for the purposes of section 6(2) of the Act, the prescribed time is 49 days from the date on which the Council received the plan.

13 Time for Council to send plan to referral authority

Subject to regulation 34, for the purposes of section 8(1) of the Act, the prescribed time is 7 days from the date on which the Council received the plan.

14 Referral of plan under section 8(1)

When referring a plan under section 8(1) of the Act, the Council must—

(a) provide the referral authority with a copy of the application for that plan and the following details—

(i) the date on which the Council received the plan; and

(ii) the name of any other referral authority to which the plan has been referred; and

(b) provide the applicant with a copy of the application for that plan and the following details—

(i) the date on which the Council received the plan; and


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(ii) the name of any referral authority to which the plan has been referred.

15 Time for referral authority to reply

Subject to regulation 34, for the purposes of section 9(1) and (3) of the Act, the prescribed time is 35 days from the date on which the Council received the plan.

16 Form for requiring specified alterations

For the purposes of section 9(1)(b) of the Act, the prescribed form for requiring specified alterations is Form 5 in Schedule 1.

17 Form for refusal of consent by referral authority

For the purposes of section 9(1)(c) of the Act, the prescribed form for a refusal of consent is Form 6 in Schedule 1.

18 Time in which Council may require alterations to plan

For the purposes of section 10(1) of the Act, the prescribed time is—

(a) in the case of a procedural plan, 7 days from the date on which the Council received the plan; or

(b) in the case of a general plan that is not referred to a referral authority, 14 days from the date on which the Council received the plan; or

(c) in the case of a general plan that is referred to a referral authority, 7 days from the date the referral authority notifies the Council under section 9(1) of the Act or 42 days from the date on which the Council received the plan, whichever is the earlier day.


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19 Advising that altered plan received and times recommenced

(1) When a Council must send a copy of an altered plan to a referral authority under section 10(5) of the Act, the Council must also send to that referral authority notice of the revised time for consideration of the plan.

(2) The prescribed form for a notice sent under subregulation (1) is Form 7 in Schedule 1.

(3) The Council must send a copy of the notice sent under subregulation (1) to the applicant when the altered plan is sent to a referral authority under section 10(5) of the Act.

20 Time for making a statement under section 36

For the purposes of section 40(3) of the Act, the prescribed time is 49 days from the date on which the written request for the statement is received by the Council or a referral authority.

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PART 3—AMENDING CERTIFIED PLANS

21 Form of application to amend certified plan

The prescribed form for an application under section 11(1) of the Act to amend a certified plan is Form 8 in Schedule 1.

22 Time for Council to send amended plan to referral authority

Subject to regulation 34, for the purposes of section 11(2) of the Act, the prescribed time is 7 days from the date on which the Council received the application.

23 Form of referral of application for amendment

When a Council refers under section 11(1) of the Act an application to amend a certified plan, the Council must also—

(a) provide the referral authority with a copy of the plan and the following details—

(i) the date on which the Council received the application; and

(ii) the name of any other referral authority to which the plan has been referred; and

(b) provide the applicant with a copy of the application form and the following details—

(i) the date on which the Council received the application; and

(ii) the name of any referral authority to which the application has been referred.

24 Time for referral authority to reply

Subject to regulation 34, for the purposes of section 11(3) and (4) of the Act, the prescribed time is 21 days from the date on which the Council received the application.


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25 Form of notification of requirement of specified alterations by referral authority

The prescribed form for informing the Council under section 11(3)(b) of the Act of a requirement of an alteration is Form 9 in Schedule 1.

26 Form of notification of refusal of consent to amend plan by referral authority

The prescribed form for informing the Council under section 11(3)(c) of the Act of a refusal is Form 6 in Schedule 1.

27 Time for Council to certify or re-certify amended plans

Subject to regulation 34, for the purposes of section 11(7) of the Act, the prescribed time is—

(a) in of the case of a procedural plan, 7 days from the date on which the Council received the application; or

(b) in the case of a general plan that is not referred to a referral authority, 14 days from the date on which the Council received the application; or

(c) in the case of a general plan referred to a referral authority, 28 days from the date on which the Council received the application.

28 Form of re-certifying amended plans or certifying replacement plans

(1) The prescribed form for the re-certification under section 11(7)(a) of the Act of an amended plan, is Form 10 in Schedule 1.

(2) The prescribed form for the certification under section 11(7)(a) of the Act of a new plan—

(a) that is subject to requirements under section 15 of the Act; and


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(b) that was not submitted by an acquiring authority under section 35 of the Act; and

(c) in relation to which a statement of compliance under section 21 of the Act is not issued concurrently with certification—



(a) that is subject to requirements under section 15 of the Act; and

(b) that was submitted by an acquiring authority under section 35 of the Act and creates additional lots; and

(c) in relation to which a statement of compliance under section 21 of the Act is not issued concurrently with the certification—

is Form 4 in Schedule 1 containing items C, E and F.


(a) that was submitted by an acquiring authority under section 35 of the Act and does not create additional lots; and

(b) is exempt from Part 3 of the Act—

is Form 4 in Schedule 1 containing items A, B, E and F.


(a) that was not submitted by an acquiring authority under section 35 of the Act; and


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(b) in relation to which a statement of compliance is issued under section 21 of the Act concurrently with the certification—



(a) that was submitted by an acquiring authority under section 35 of the Act; and

(b) that creates additional lots; and

(c) in relation to which a statement of compliance is issued under section 21 of the Act concurrently with the certification—

is Form 4 in Schedule 1 containing items C, E, F and G.

29 Council to supply amended street address and lot location information

When a Council re-certifies an amended plan or certifies a new plan under section 11(7)(a) of the Act, the Council must give the applicant the amended street address and lot location of each lot on the amended plan or new plan, in the manner approved by the Registrar, if any street address or lot location provided to the applicant under regulation 11 is no longer accurate.

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PART 4—WORKS AND OTHER REQUIREMENTS

30 Time for making decision on engineering plans

For the purposes of section 15(2) of the Act, the prescribed time is 30 days from the date on which the Council or the referral authority received the engineering plan.

31 Form of advice that land marked out or defined

The prescribed form for written advice under section 20A(1) or (2) of the Act by a licensed surveyor is Form 13 in Schedule 1.

32 Form of statement of compliance

(1) The prescribed form for a statement of compliance issued under section 21(1) of the Act that—

(a) is issued concurrently with the certification under section 6 of the Act of the plan to which the statement relates; and

(b) relates to a plan that was not submitted by an acquiring authority under section 35 of the Act—



(a) is issued concurrently with the certification under section 6 of the Act of the plan to which the statement relates; and

(b) relates to a plan that was submitted by an acquiring authority under section 35 of the Act that creates additional lots—

is Form 4 in Schedule 1 containing items C, D and G.


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(a) is issued concurrently with the certification under section 11(7) of the Act of the new plan to which the statement relates; and

(b) relates to a plan that was not submitted by an acquiring authority under section 35 of the Act—



(a) is issued concurrently with the certification under section 11(7) of the Act of the new plan to which the statement relates; and

(b) relates to a plan that was submitted by an acquiring authority under section 35 of the Act that creates additional lots—

is Form 4 in Schedule 1 containing items C, E, F and G.

(5) The prescribed form for a statement of compliance issued under section 21(1) of the Act for a staged subdivision, if the plan to which the statement relates is the master plan or a stage of the staged subdivision, is Form 14 in Schedule 1.

(6) The prescribed form for a statement of compliance issued under section 21(1) of the Act, if the plan to which the statement relates is not a plan to which subregulations (1) to (5) apply, is Form 15 in Schedule 1.

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PART 5—MISCELLANEOUS

33 Council to keep register

(1) A Council must maintain a register of applications made to it under the Act.

(2) The register may be kept in conjunction with the register of permit applications required to be kept under section 49(1) of the Planning and Environment Act 1987.

(3) The entry in the register for an application must include the following—

(a) the date the application is received;

(b) the plan number made available by the Registrar;

(c) the name of each referral authority to which the application is referred;

(d) whether the application is exempt from referral and, if so, the reason;

(e) whether a public open space requirement has been made and its nature;

(f) whether the application is exempt from a public open space requirement and, if so, the reason;

(g) the date of any certification or refusal;

(h) the date of any re-certification or refusal;

(i) the date a statement of compliance is issued;

(j) details of any reviews;

(k) the date a written advice under section 20A of the Act is received and its contents.

(4) The Council must make the register available during office hours for any person to inspect free of charge.


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34 Times for concurrent processing of planning and subdivision applications

(1) This regulation applies when the application for a permit is made at the same time as an application to have a plan certified or to amend a certified plan.

(2) If this regulation applies, for the purposes of section 6(1) and (2) of the Act, the prescribed time is the period commencing on the date on which the Council received the plan and ending on the date on which the responsible authority decides on the application for the permit under section 61 of the Planning and Environment Act 1987.

(3) If this regulation applies, for the purposes of section 8(1) of the Act, the prescribed time is the period commencing on the date on which the Council received the plan and ending on the date on which the application for the permit is given to the referral authorities under section 55(1) of the Planning and Environment Act 1987.

(4) If this regulation applies, for the purposes of sections 9(1) and (3) and 11(3) and (4) of the Act, the prescribed time is the period commencing on the date on which the application for the permit is given to the referral authorities under section 55(1) of the Planning and Environment Act 1987 and ending on the date on which the responsible authority may decide on an application in accordance with section 59(2)(a) of that Act.

(5) If this regulation applies, for the purposes of section 11(2) of the Act, the prescribed time is the period commencing on the date on which the Council received the application to amend the certified plan and ending on the date on which the application for the permit is given to the referral


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authorities under section 55(1) of the Planning and Environment Act 1987.

(6) If this regulation applies, for the purposes of section 11(7) of the Act, the prescribed time is the period commencing on the date on which the Council received the application to amend the certified plan and ending on the date on which the responsible authority decides on the application for the permit under section 61 of the Planning and Environment Act 1987.

35 Time for nomination of an authority

For the purposes of section 17(2A) of the Act, the prescribed time is 21 days from the date the request is received by the Minister.

36 Form of refusal

(1) The prescribed form for a refusal under section 6(2) of the Act to certify a plan is Form 16 in Schedule 1.

(2) The prescribed form for an advice under section 11(7)(b) of the Act is Form 16 in Schedule 1.

(3) The prescribed form for a refusal under section 15(2) of the Act to approve an engineering plan is Form 16 in Schedule 1.

(4) If a Council refuses to issue a statement of compliance under section 21 of the Act in relation to a plan, the Council must send notice of the refusal.

(5) The prescribed form for a notice under subregulation (4) is Form 16 in Schedule 1.

37 Application for leave to acquire or remove easement

An application to the Tribunal under section 36(1) of the Act for leave to acquire or remove an easement compulsorily may be made within


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30 days after the day on which the applicant gives the owner of the land that is burdened or to be burdened by the easement a notice of intention to apply.

38 Application for determination of dispute

An application to the Tribunal under section 39(1) of the Act may be made within 30 days after the day on which the applicant gives to all other parties to the dispute a notice of intention to apply or, if different parties are notified on different dates, the day on which the last notice is given.

39 Time to apply for review

(1) An application to the Tribunal under section 40(1) of the Act for review of a Council's decision to refuse to issue a statement of compliance may be made within 30 days after the day on which the applicant is served by post with the notice of the decision.

(2) An application to the Tribunal under section 40(1) of the Act for review of a Council's failure to issue a statement of compliance may be made within 30 days after the 21st day after the day on which the applicant requests the Council to issue the statement of compliance, if the request to the Council was made at the same time as, or after, the applicant gives the Council—

(a) the prescribed information under section 21(1)(a) of the Act; and

(b) any evidence on which the applicant proposes to rely to satisfy the Council that either all the requirements of and under Part 3 of the Act and the Planning and Environment Act 1987 that relate to public works have been met or that there is an agreement to secure compliance with those requirements.


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(3) Subject to subregulation (1), an application to the Tribunal under section 40 of the Act for review of a decision to refuse to do a thing or a decision to impose a requirement may be made within 30 days after—

(a) the day on which the applicant is given written reasons for the decision; or

(b) if, 7 days after the end of any prescribed time by which the reasons for the decision must be given to the applicant, the applicant has not received those written reasons the day on which the applicant becomes aware of the decision.

(4) Subject to subregulation (2), an application to the Tribunal under section 40 of the Act for review of the failure to do a thing may be made within 30 days after the 7th day after the day on which the applicant requests the Council or referral authority to do the thing, if the request to the Council or referral authority was made after the expiry of the time prescribed by these Regulations within which that thing must be done.

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PART 6—TRANSITIONAL PROVISIONS

40 Transitional—Application for certification of plan

If an application under section 5(3)(c) of the Act for the certification of a plan was made in the form prescribed by regulation 22 of the Subdivision (Procedures) Regulations 2000 as in force immediately before the commencement of these Regulations, for the purposes of these Regulations that application is taken to have been made in the form prescribed by regulation 6.

41 Transitional—Application to amend certified plan

If an application under section 11(1) of the Act to amend a certified plan was made in the form prescribed by regulation 44 of the Subdivision (Procedures) Regulations 2000 as in force immediately before the commencement of these Regulations, for the purposes of these Regulations that application is taken to have been made in the form prescribed by regulation 21.

42 Making of applications etc.

(1) Despite the revocation of the Subdivision (Procedures) Regulations 2000, for a period of 12 months after that revocation an application, certification, statement of compliance or notification made under the Act that complies with the Subdivision (Procedures) Regulations 2000 is taken to comply with these Regulations.

(2) If a statement of compliance issued under section 21(1) of the Act was in the form prescribed by regulation 55 of the Subdivision (Procedures) Regulations 2000 as in force immediately before the commencement of these Regulations, for the purposes of these Regulations that statement of compliance is taken to have been made in the form prescribed by regulation 32.


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(3) Despite the revocation of the Subdivision (Procedures) Regulations 2000, in relation to a plan certified by a Council within 12 months after that revocation, compliance with regulation 36 of the Subdivision (Procedures) Regulations 2000 is taken to be compliance with regulations 11 and 29.

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SCHEDULES

SCHEDULE 1

FORMS

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?


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*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?

*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.


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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.


PART C. [Only acquiring authorities complete this section]

This Part relates to the acquisition of land by—

[insert name of acquiring authority]

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

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]


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

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:


*Has not been made.






*[Surveyor's plan version number]

[Date of certification and statement of compliance]


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.



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FORM 4

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.


*[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.


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FORM 5

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]


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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Sch. 1

FORM 6

Regulations 17 and 26

REFUSAL OF CONSENT BY REFERRAL AUTHORITY


and





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]


[Date:]


__________________


28

Sch. 1

FORM 7

Regulation 19(2)

NOTICE OF RECOMMENCEMENT OF REFERRAL TIME

To: [insert name of Referral Authority]




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].


[Date]


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

__________________


29

Sch. 1

FORM 8

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




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Sch. 1

IF THE APPLICANT IS NOT THE OWNER, the owner must provide written consent under section 11(1) 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 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.


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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.

__________________


32

Sch. 1

FORM 9

Regulation 25

REQUIREMENT OF ALTERATIONS TO PLAN


and





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)]


[Date]


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.

__________________


33

Sch. 1

FORM 10

Regulation 28(1)

RE-CERTIFYING AMENDED PLAN

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


*Surveyor's plan version [insert version number]

[Date of re-certification]


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.



__________________


34

Sch. 1

FORM 11

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:


*Has not been made.







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


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.



__________________


35

Sch. 1

FORM 12

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.







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


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.


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Sch. 1

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

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


[Date]


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 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.

__________________


37

Sch. 1

FORM 13

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.


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

Licensed Surveyor: [Signature]Name: [Print] [Date]Firm Name: [If applicable]

__________________


38

Sch. 1

FORM 14

Regulation 32(5)

To: [*Owner or *Applicant]

[Address]

STATEMENT OF COMPLIANCE FOR SPECIFIED STAGEOF 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, S3 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.


[Date]


#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


39

Sch. 1

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

__________________


40

Sch. 1

FORM 15

Regulation 32(6)

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.


[Date]


__________________


41

Sch. 1

FORM 16

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)].



[Date]



42

Sch. 1

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.

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


43

Sch. 1

the Council to consent to the application.(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.

__________________


44

Sch. 1

SCHEDULE 2

REVOCATIONS

Regulation 4

REVOKED REGULATIONS

S.R. No. Title

101/2000 Subdivision (Procedures) Regulations 2000

98/2004 Subdivision (Procedures) (Amendment) Regulations 2004

32/2005 Subdivision (Procedures) (Amendment) Regulations 2005

123/2007 Subdivision (Procedures) (Owners Corporations Amendment) Regulations 2007

═══════════════


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Sch. 2

ENDNOTES

Endnotes


46

1 Reg. 10(a): Roads, reserves and common property should not be counted as lots when determining if additional lots are created (see definition of lot—section 3(1) of the Subdivision Act 1988).

subdivision (procedures) regulations 2011file/11-112sr.docx · web view(3)despite the revocation...

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