Matters to be considered in considering proposal to amend or end agreement
178B Matters to be considered in considering proposal to amend or end agreement
In considering a proposal under section 178A to amend an agreement, the responsible authority must consider—
the purpose of the agreement; and
the purpose of the amendment; and
whether any change in circumstances necessitates the amendment; and
whether the amendment would disadvantage any person, whether or not a party to the agreement; and
the reasons why the responsible authority entered into the agreement; and
if the amendment is to remove land from the application of the agreement, whether the land is subject to any further liability under the agreement; and
any relevant permit or other requirements the land is subject to under the Subdivision Act 1988; and
any other prescribed matter.
In considering a proposal under section 178A to end an agreement, the responsible authority must consider—
the purpose of the agreement; and
whether and why the agreement is no longer required; and
whether the ending of the agreement would disadvantage any person, whether or not a party to the agreement; and
the reasons why the responsible authority entered into the agreement; and
any relevant permit or other requirements the land is subject to under the Subdivision Act 1988; and
any other prescribed matter.
S. 178C inserted by No. 3/2013 s. 49.
This provision refers to the regulations (prescribed matter
). Made under this Act:
- Planning and Environment (Fees) Regulations 2016 · under section 203
- Planning and Environment Interim Regulations 2026 · under section 202
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.