(i) the removal or variation is in S. 6(1)(k)(i) accordance with the planning scheme amended by No. 47/1989 or a permit; or s. 6(1)(d), substituted by No. 48/1991 s. 7(4). (ii) the Registrar has declared that the easement has been abandoned or extinguished; or (iii) the easement was set aside for the purpose of a Council, public authority or other person which has requested or consented to the removal or variation; or (iv) all parties interested in the easement or S. 6(1)(k)(iv) amended by the part of it have agreed to the removal No. 47/1989 or variation; or s. 4(2)(b). (v) the Victorian Civil and Administrative S. 6(1)(k)(v) inserted by Tribunal has given leave under No. 47/1989 section 36 to remove the easement and, s. 4(2)(b), amended by if leave is given subject to conditions No. 52/1998 relating to the plan, those conditions s. 311(Sch. 1 item 86.1). have been met. (2) If the conditions in subsection (1) are not met, the Council must refuse to certify the plan and give its reasons in writing to the applicant within the prescribed time. (3) The Council may rely on a verified copy of a S. 6(3) inserted by unanimous resolution or Tribunal order No. 48/1991 accompanying a plan and referred to in s. 7(5), amended by section 6(1)(i) as conclusive proof that a No. 69/2006 unanimous resolution or order was made in those s. 208(2). terms. 7 How long does certification last?
S. 6(1)(k)(i) amended by No. 47/1989 s. 6(1)(d), substituted by No. 48/1991 s. 7(4). (i) the removal or variation is in accordance with the planning scheme or a permit; or (ii) the Registrar has declared that the easement has been abandoned or extinguished; or (iii) the easement was set aside for the purpose of a Council, public authority or other person which has requested or consented to the removal or variation; or S. 6(1)(k)(iv) amended by No. 47/1989 s. 4(2)(b). (iv) all parties interested in the easement or the part of it have agreed to the removal or variation; or S. 6(1)(k)(v) inserted by No. 47/1989 s. 4(2)(b), amended by No. 52/1998 s. 311(Sch. 1 item 86.1). (v) the Victorian Civil and Administrative Tribunal has given leave under section 36 to remove the easement and, if leave is given subject to conditions relating to the plan, those conditions have been met. (2) If the conditions in subsection (1) are not met, the Council must refuse to certify the plan and give its reasons in writing to the applicant within the prescribed time. S. 6(3) inserted by No. 48/1991 s. 7(5), amended by No. 69/2006 s. 208(2). (3) The Council may rely on a verified copy of a unanimous resolution or Tribunal order accompanying a plan and referred to in section 6(1)(i) as conclusive proof that a unanimous resolution or order was made in those terms. 7 How long does certification last?
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