Common use of Land and Environment Court Clause in Contracts

Land and Environment Court. Section 7.8(1) of the Act expressly precludes a person from appealing to the Land and Environment Court against the terms of a planning agreement or against the failure of a planning authority to enter into an agreement. There is a core principle that a planning agreement must be made voluntarily on both sides, therefore, once voluntarily entered into, there are no appeal rights. This does not affect the jurisdiction of the Land and Environment Court under s9.45 of the Act to remedy or restrain a breach of the Act.

Land and Environment Court. Section 7.8(193J(1) of the Act expressly precludes a person from appealing to the Land and Environment Court against the terms of a planning agreement or against the failure of a planning authority to enter into an agreement. There is a core principle that a planning agreement must be made voluntarily on both sides, therefore, once voluntarily entered into, there are no appeal rights. This does not affect the jurisdiction of the Land and Environment Court under s9.45 section 123 of the Act to remedy or restrain a breach of the Act.

Land and Environment Court. Section 7.8(193J(1) of the Act expressly precludes a person from appealing to the Land and Environment Court against the terms of a planning agreement or against the failure of a planning authority to enter into an agreement. There is a core principle is that a planning agreement must be made voluntarily on both sides, sides therefore, once voluntarily entered into, there are no appeal rights. This does not affect the jurisdiction of the Land and Environment Court under s9.45 section 123 of the Act to remedy or restrain a breach of the Act.