It is the applicant`s responsibility to ensure that the agreement is registered with Land Victoria in a timely manner. Any amendment made to an agreement under section 173 must be recorded in the title of the land to which it applies. This ensures that all potential landowners are aware of and bound by the requirements of the section 173 agreement. It is the responsibility of the applicant to ensure that the agreement is registered with the securities office in a timely manner. A section 173 agreement is a legal contract between the Council and one or more other parties that establishes ongoing conditions or restrictions on the use or development of the land. Application to terminate or amend an agreement under Article 173 (pdf, 150KB) A landowner is usually the other party to an agreement. In some cases, a third party, e.B. a referring authority. ** In accordance with Article 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 materially different from the proposal; or refuse to modify or terminate the Agreement.

The Commission shall levy an application fee to cover the administrative costs associated with the review of Article 173 agreements. If counsel for the Council are to be consulted during the trial, you are responsible for covering these costs. The objective of a section 173 agreement is usually to facilitate the achievement of the long-term planning objectives of a particular area or property. The conditions set out in the agreement shape land use during a transitional period so that longer-term objectives can be achieved. This agreement provides for ongoing restrictions or requirements for the use or development of the land. More information on terminating or amending an agreement under Section 173. Depending on the complexity of the agreement, the proposed amendment/termination will be handled by Council officials and may be referred to Council lawyers if necessary. You may request the Mitchell Shire Council to amend or terminate an agreement under Section 173 by following the steps below. You will receive a quote for all related costs before a review is conducted. Note: In the event that the Commission rejects the proposal, the applicant may appeal the decision to the court. If the Council supports the proposal, all opponents can www.vcat.vic.gov.au the decision to the Court for more details.

If we need to consult with our lawyers, you are responsible for covering these costs in addition to the filing fee. We will provide you with an estimate of the cost before performing a review. . You can apply to amend or terminate a section 173 land title agreement. Return the form to one of our customer service centres and the Wallan Library or Planning and Construction Office and pay the relevant fees in person; or email your documents to mitchell@mitchellshire.vic.gov.au and an official will call you to pick up payment by phone. . Download and complete the application to amend or terminate a section 173 contract form. Alternatively, the following printed forms are available: A section 173 agreement is a legal contract between Council and one or more other parties under section 173 of the Planning and environment Act, 1987 (the Act). Any amendment to an agreement under section 173 must be registered on the ownership of the land to which it applies. .

A filing fee of $659.00 is charged to cover administrative costs (including advertising) associated with the review of section 173 agreements. Section 178 (A-I) of the Planning and Environment Act 1987 sets out the procedure to be followed for a proposal to amend or terminate an agreement under section 173. Use this form to terminate or amend an agreement under section 173 under section 178A of the Planning and Environment Act 1987. If the proposal to amend or terminate a section 173 agreement is supported, you will receive a decision letter from Council and a Form 22 or 23 that will allow you to travel to Land Victoria (formerly the Land Titles Office) to register. . This ensures that all future landowners are aware of and bound by the requirements of the agreement under Section 173. Interested parties to the agreement referred to in Section 173 may, where appropriate, be informed of the proposal. .