54 (2)
Subject to section 9AC of the Sale of Land Act 1962 (Vic), the Vendor may make such alterations to the Plan as it requires including, without limitation, amendments that are: (a)
required to accord with good surveying practice and all Laws, including the Subdivision of Land Act (Vic) 1988, the Owners Corporation Act 2006 (Vic) and the Owners Corporation Regulations 2018 (Vic);
(b)
required in order to deliver any utility services to the Common Property;
(c)
required to meet any requirement, recommendation or requisition of the Relevant Authority to enable the Plan to be certified by the Relevant Authority or registered by Land Use Victoria; or
(d)
considered by the Vendor to be necessary or desirable for the purposes of the development of the Development Land which may include (but not limited to):
(3)
(1)
creating additional lots including reducing or altering the Common Property to create such lots;
(2)
altering or varying the position of any lot, storage lot, or the location of the Common Property;
(3)
increasing or decreasing the number of lots;
(4)
changing the size, nature or location of any Common Property;
(5)
creating additional stages of the development of the Development Land and the Plan within the meaning of section 37 of the Subdivision of Land Act (Vic) 1988; and
(6)
changing the boundaries, design, size and location of the Residents Club and other Common Property.
If the Vendor makes any amendment contemplated by Special Condition 27.5(2), then, subject to section 9AC of the Sale of Land Act 1962 (Vic), the Purchaser must not make any Claim against the Vendor on the grounds that the Plan as registered by the Registrar does not accord with the Plan.
Final Plan (1)
Section 10(1) of the Sale of Land Act 1962 (Vic) does not apply in respect of the final location of any easement shown on the Plan and subject to the provisions of that Act the Vendor may vary the final location of any easement shown on the Plan.
(2)
Without limiting the generality of any other provision of this Contract, the Purchaser must accept as identical with the Land described in the Particulars of Sale: (a)
the lot bearing the same number on the Plan when registered as the number set out in the Particulars of Sale; or
