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. 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. 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. 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. 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.
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.