(d) subsection (3)(b)(c) and subsection (6)(a) to (d) and (ea) were deleted. (10) Without limiting subsection (9), a plan referred to S. 35(10) inserted by in subsection (8) may do anything that can be No. 57/1993 done by a plan referred to in section 24A. s. 14(6). 36 Power of owner to acquire or remove easements (1) If— S. 36(1) substituted by No. 48/1991 (a) when considering a proposed amendment to s. 32(1), a planning scheme or an application for a amended by Nos 34/1994 permit or to amend a permit; or s. 6(1), 52/1998 (b) in implementing an amendment to a planning s. 311(Sch. 1 scheme; or item 86.2(a)). (c) in a condition in a permit— the Council or a referral authority states in writing that it considers that the economical and efficient subdivision or consolidation (whether existing or proposed) or servicing of, or access to, land covered by the amendment, proposed amendment, application or permit requires the owner of land to— (d) remove a right of way over the owner's land; or (e) acquire or remove an easement over— (i) other land in the subdivision or consolidation; or (ii) other land in the vicinity— and that the removal or acquisition will not result in an unreasonable loss of amenity in the area affected by the removal or acquisition, the owner may apply to the Victorian Civil and Administrative Tribunal for leave to remove the right of way or acquire or remove the easement compulsorily.
(d) subsection (3)(b)(c) and subsection (6)(a) to (d) and (ea) were deleted. S. 35(10) inserted by No. 57/1993 s. 14(6). (10) Without limiting subsection (9), a plan referred to in subsection (8) may do anything that can be done by a plan referred to in section 24A. 36 Power of owner to acquire or remove easements S. 36(1) substituted by No. 48/1991 s. 32(1), amended by Nos 34/1994 s. 6(1), 52/1998 s. 311(Sch. 1 item 86.2(a)). (1) If— (a) when considering a proposed amendment to a planning scheme or an application for a permit or to amend a permit; or (b) in implementing an amendment to a planning scheme; or (c) in a condition in a permit— the Council or a referral authority states in writing that it considers that the economical and efficient subdivision or consolidation (whether existing or proposed) or servicing of, or access to, land covered by the amendment, proposed amendment, application or permit requires the owner of land to— (d) remove a right of way over the owner's land; or (e) acquire or remove an easement over— (i) other land in the subdivision or consolidation; or (ii) other land in the vicinity— and that the removal or acquisition will not result in an unreasonable loss of amenity in the area affected by the removal or acquisition, the owner may apply to the Victorian Civil and Administrative Tribunal for leave to remove the right of way or acquire or remove the easement compulsorily.
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