An agreement may end after an event or a specified period if described in the agreement. If the agreement does not provide a mechanism to terminate the agreement, the owner or any other interested party may submit a request to the Commission to terminate the agreement. This request must address the issues referred to in Section 178 B of the Planning and Environment Act 1987. Section 173 Agreements are named in Section 173 of the Planning and Environment Act 1987 (Vic). Some Section 173 agreements allow landowners to obtain Council approval to amend certain requirements of the agreement. This possibility is generally provided for in the agreement by the use of the term “unless the Council agrees in advance.” It may be necessary to seek independent legal advice to confirm that this possibility applies to the section 173 agreement that concerns your country. If your agreement offers this opportunity, landowners will have the opportunity to apply for approval, which the Commission calls “different consents.” This fact sheet is accompanied by a consent application form. More than 3,000 properties in the Shire of Nillumbik have a Section 173 agreement listed on the title. It is therefore important for landowners (and their representatives) to know whether or not a Section 173 agreement affects their property and, if so, understand their obligations under the agreement. Independent legal advice may be required to gain a full understanding of the Section 173 agreement. In accordance with Section 178E of the Act, the competent authority may decide to amend or terminate the agreement in accordance with the proposal; amend or terminate the agreement, which is not very different from the proposal; or refuse to amend or terminate the agreement.

The agreements in Section 173 are applicable by the Council and the Council takes the violations of the Section 173 agreements very seriously. As such, landowners are required to comply with the provisions of a Section 173 convention concerning their country. If there is an unforeseen circumstance that requires your proposal to deviate from all the requirements of your agreement, you are urged to consult with the Commission`s planning services prior to the proceedings. If you go to the Commission`s planning services before providing for derogations from the requirements of your agreement, it is possible to avoid issuing a notice of planning violations. The onus is on the applicant to ensure that the agreement is registered on time with Victoria Country. This agreement provides for permanent restrictions or permanent requirements for the use or development of the land. A landowner is usually the other party to an agreement. In some cases, a third party may also be involved, for example. B a removal authority. Depending on the complexity of the agreement, the amendment/end proposal is dealt with by Council officials and may be referred, if necessary, to Council lawyers. In both cases, the Commission recommends that counsel seek advice prior to filing such an application, as in some cases a lawyer is required to identify the parties involved in the Section 173 agreement. As part of the Commission`s review of the application, other contracting parties are informed of the application and have the opportunity to oppose the proposal to terminate or amend the agreement.

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