Court jurisdiction for planning agreements Sample Clauses

Court jurisdiction for planning agreements. Section 93J(1) provides that a person cannot appeal to be Court under the Act against the failure of Council to enter into a planning agreement or against the terms of a planning agreement. However the Land and Environment Court does have jurisdiction to enforce planning agreements. Section 93J(2) provides that section 93J(1) does not affect jurisdiction of the Court under section 123 of the Act. Section 123(1) provides that any person may bring proceedings in the Court for an order to remedy or restrain a breach of the Act, whether or not any right of that person has been or may be infringed by or as a consequence of that breach. Section 122(b)(v) provides that a reference to the Act includes a reference to a planning agreement under the provisions of section 93F.
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