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Land Legislation Amendment Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause 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4 Section 26D repealed 3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
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Clause Page
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
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Clause Page
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
iii
Land Legislation Amendment Act 2017
No. of 2017
[Assented to ]
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
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Land Legislation Amendment Act 2017
No. of 2017
Part 1--Preliminary
(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.
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Land Legislation Amendment Act 2017
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Part 2--Amendment of the Transfer of Land Act 1958--Conversion of
general law land
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
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
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;
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
(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".
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
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.".
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
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.".
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
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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
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
(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).
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
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(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.".
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
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.".
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
(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.".
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
(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.
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
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
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
(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";
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
(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".
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
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.".
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
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
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
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--
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
(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.".
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
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".
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Part 3--Amendment of the Transfer of Land Act 1958--Recordings in the
Register and other matters
(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),".
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Part 4--Amendment of the Subdivision Act 1988
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;";
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Part 4--Amendment of the Subdivision Act 1988
(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.".
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Part 4--Amendment of the Subdivision Act 1988
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,";
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Part 4--Amendment of the Subdivision Act 1988
(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)
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Part 4--Amendment of the Subdivision Act 1988
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";
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Part 4--Amendment of the Subdivision Act 1988
(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--
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No. of 2017
Part 4--Amendment of the Subdivision Act 1988
(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".
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Part 4--Amendment of the Subdivision Act 1988
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.
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No. of 2017
Part 4--Amendment of the Subdivision Act 1988
(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".
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Part 4--Amendment of the Subdivision Act 1988
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".
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Part 4--Amendment of the Subdivision Act 1988
(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.
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Part 4--Amendment of the Subdivision Act 1988
(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
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Part 4--Amendment of the Subdivision Act 1988
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
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No. of 2017
Part 4--Amendment of the Subdivision Act 1988
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".
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Part 4--Amendment of the Subdivision Act 1988
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.".
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Land Legislation Amendment Act 2017
No. of 2017
Part 5--Amendment of the Valuation of Land Act 1960
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.".
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No. of 2017
Part 5--Amendment of the Valuation of Land Act 1960
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).
═══════════════
39
Land Legislation Amendment Act 2017
No. of 2017
Endnotes
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:
Legislative Council:
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."
By Authority. Government Printer for the State of Victoria.
40
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