Any agreement under Section 173 must be approved and signed by Council at a meeting of Council. Once this is done, the contract can be registered on the property of the country. Applications for registration of the agreement can be made to Land Victoria and this is usually done by your lawyer. A trade number is provided to confirm that the agreement has been registered in accordance with section 173. If you wish to amend an agreement under Section 173, all parties must approve the amendments, as it is a binding contract. Therefore, if you are not satisfied with the existing conditions of an agreement, you must apply to the Council. The precise process for dealing with proposed changes to an agreement varies from council to council, so contact your city council for more information. Section 173 agreements may seem complicated, but they can give you some security about what you can do with your belongings. To make sure they don`t hinder your development, it`s important to get good advice before typing one. Like other agreements, an agreement under Article 173 is a contract of legal quality. However, the advantage of a section 173 agreement is that it can be registered on the ownership of the land, so that the owner`s obligations under the agreement are binding on the future owners and users of the land.
An agreement under Article 173 may also be applied in the same way as a condition of authorisation or a planning plan. More than 3,000 properties in the Shire of Nillumbik have an agreement in accordance with Section 173, which is registered on the title. It is therefore important for landowners (and their representatives) to know whether or not a Section 173 agreement infringes their property and, if so, they understand their obligations under the agreement. Independent legal advice may be required to achieve a full understanding of the Section 173 Agreement. As long as the Council and the owner (or future owner) of the land are part of the agreement, other entities or persons may also be associated with the agreement. This provision may include: ** In accordance with section 178E of the Act, the competent authority may decide to amend or terminate the agreement in accordance with the proposal; to amend or terminate the agreement which is not materially different from the proposal; or refuse to modify or terminate the Agreement. This can be difficult if there are a lot of people who are part of the agreement. This can happen if the country has been divided. Anyone must either agree to the amendment or a landowner can ask the VCAT to evaluate the proposed amendment. When it comes to CTA, the Council must support this amendment. If the Council does not support it, it cannot be heard by the VCAT. The amendment must also be announced.
If VCAT approves the change, the agreement may terminate. Some section 173 agreements offer landowners the opportunity to obtain the Council`s agreement to modify some of the requirements of the agreement. This possibility is generally provided for in the agreement by the use of the phrase “except with the prior written consent of the Council”. It may be necessary to obtain independent legal advice to confirm that this possibility applies to the agreement provided for in Section 173, which concerns your country. . . .