VersionNo. 001
Subdivision (Procedures) Regulations 2011
S.R. No. 112/2011
Versionas at
8 October 2011
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Revocation
5Definition
Part 2—Certification Procedures
6Form of application for certification of plan
7Time for Council to certify plan
8Form of certification without statement of compliance
9Form of certification with statement of compliance
10Form of certification for acquisition plans
11Council to supply street address and lot location information
on certification
12Time for giving reasons for refusal to certify
13Time for Council to send plan to referral authority
14Referral of plan under section 8(1)
15Time for referral authority to reply
16Form for requiring specified alterations
17Form for refusal of consent by referral authority
18Time in which Council may require alterations to plan
19Advising that altered plan received and times recommenced
20Time for making a statement under section 36
Part 3—Amending Certified Plans
21Form of application to amend certified plan
22Time for Council to send amended plan to referral authority
23Form of referral of application for amendment
24Time for referral authority to reply
25Form of notification of requirement of specified alterations
by referral authority
26Form of notification of refusal of consent to amend plan by referral authority
27Time for Council to certify or re-certify amended plans
28Form of re-certifying amended plans or certifying replacement plans
29Council to supply amended street address and lot location information
Part 4—Works and other Requirements
30Time for making decision on engineering plans
31Form of advice that land marked out or defined
32Form of statement of compliance
Part 5—Miscellaneous
33Council to keep register
34Times for concurrent processing of planning and subdivision applications
35Time for nomination of an authority
36Form of refusal
37Application for leave to acquire or remove easement
38Application for determination of dispute
39Time to apply for review
Part 6—Transitional Provisions
40Transitional—Application for certification of plan
41Transitional—Application to amend certified plan
42Making of applications etc.
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SCHEDULES
SCHEDULE 1—Forms
Form 1—Application for Certification of plan
Form 2—Certification of plan by Council
Form 3—Concurrent Certification and Statement of Compliance
Form 4—Certification of Acquisition Plans
Form 5—Requirement for Alterations to Plan
Form 6—Refusal of Consent by Referral Authority
Form 7—Notice of Recommencement of Referral Time
Form 8—Application to Amend Certified Plan
Form 9—Requirement of Alterations to Plan
Form 10—Re-certifying amended Plan
Form 11—Certifying a New Version of an ExistingPlan
Form 12—Certifying a New Version of an Existing Plan
concurrently with Statement of Compliance
Form 13—Advice by Licensed Surveyor
Form 14—Statement of Compliance for specified Stage of a Staged Plan
Form 15—Statement of Compliance
Form 16—Refusal
SCHEDULE 2—Revocations
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
VersionNo. 001
Subdivision (Procedures) Regulations 2011
S.R. No. 112/2011
Versionas at
8 October 2011
1
Subdivision (Procedures) Regulations 2011
S.R. No. 112/2011
Part 1—Preliminary
1Objectives
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.
2Authorising provision
These Regulations are made under section 43 of the Subdivision Act 1988.
3Commencement
These Regulations come into operation on 8October 2011.
4Revocation
The Regulations listed in Schedule 2 are revoked.
5Definition
In these Regulations—
general planmeans 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 requirementmeans a requirement under section 18 of the Act to set aside public open space, pay money or do both;
the Actmeans the Subdivision Act 1988;
the Tribunal means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998.
r. 5
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Part 2—Certification Procedures
6Form of application for certification of plan
r. 6
For the purposes of section 5(3)(c) of the Act, the prescribed form for an application is Form 1 in Schedule 1.
7Time 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, 21days 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).
8Form 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 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.
9Form of certification with statement of compliance
r. 9
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—
is Form 3 in Schedule 1.
10Form 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 section35 of the Act is—
(a)if the plan does not create additional lots[1], 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.
11Council to supply street address and lot location information on certification
r. 11
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.
12Time 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 49days from the date on which the Council received the plan.
13Time 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 7days from the date on which the Council received the plan.
14Referral 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
(ii)the name of any referral authority to which the plan has been referred.
15Time for referral authority to reply
r. 15
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.
16Form 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.
17Form 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.
18Time 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.
19Advising that altered plan received and times recommenced
r. 19
(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.
20Time for making a statement under section 36
For the purposes of section 40(3) of the Act, the prescribed time is 49days 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
21Form of application to amend certified plan
r. 21
The prescribed form for an application under section 11(1) of the Act to amend a certified plan is Form 8 in Schedule 1.
22Time 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 7days from the date on which the Council received the application.
23Form 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.
24Time 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.
25Form of notification of requirement of specified alterations by referral authority
r.25
The prescribed form for informingthe Council under section 11(3)(b) of the Act of a requirement of an alteration is Form 9 in Schedule 1.
26Form 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.
27Time 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, 14days 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.
28Form 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 section15 of the Act; and
(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—
is Form 11 in Schedule 1.
(3)The prescribed form for the certification under section 11(7)(a) of the Act of a new plan—
r. 28
(a) that is subject to requirements under section15 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 andF.
(4)The prescribed form for the certification under section 11(7)(a) of the Act of a new plan—
(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, Eand F.
(5)The prescribed form for the certification under section 11(7)(a) of the Act of a new plan—
(a) that was not submitted by an acquiring authority under section 35 of the Act; and
(b)in relation to which a statement of compliance is issued under section 21of the Act concurrently with the certification—
is Form 12 in Schedule 1.
(6)The prescribed form for the certification under section 11(7)(a) of the Act of a new plan—
(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.
29Council to supply amended street address and lot location information
r. 29
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
30Time for making decision on engineering plans
r. 30
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.
31Form 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.
32Form 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—
is Form 3 in Schedule 1.
(2)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 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 andG.
(3)The prescribed form for a statement of compliance issued under section 21(1) of the Act that—
r. 32
(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—
is Form 12 in Schedule 1.
(4)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 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
33Council to keep register
r. 33
(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.
34Times for concurrent processing of planning and subdivision applications
r. 34
(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 theplan 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.