Victorian Numbered Acts

LAND LEGISLATION AMENDMENT ACT 2009 (NO. 80 OF 2009) - SECT 102

    (1)     For section 32A(1) of the Subdivision Act 1988 substitute —

    "(1)     All of the owners of lots on a plan who are members of one or more owners corporations may submit for certification, and lodge for registration, a plan consolidating or re-subdividing all of the land on the plan that is affected by the owners corporation or owners corporations.".

    (2)     For section 32A(3) of the Subdivision Act 1988 substitute —

    "(3)     If a plan is registered under subsection (1), then on registration of the plan—

        (a)     any owners corporation on the previous registered plan that affected the land is dissolved; and

        (b)     if the land affected by an owners corporation in the previous registered plan was vested in one lot owner, the land vests in that lot owner; and

        (c)     if the land affected by an owners corporation in the previous registered plan was vested in     more than one lot owner, the land vests in the former lot owners who were members of that owners corporation as tenants in common in proportion to their lot entitlements in that owners corporation; and

        (d)     the land is freed from—

              (i)     any caveat, mortgage, charge, lease or sub-lease; or

              (ii)     any easement under section 12, unless the easement affected the land before the registration of the previous registered plan.".