An agreement may end after an event or a specified period if described in the agreement. If the agreement does not provide a mechanism to terminate the agreement, the owner or any other interested party may submit a request to the Commission to terminate the agreement. This request must address the issues referred to in Section 178 B of the Planning and Environment Act 1987. In both cases, the Commission recommends that counsel seek advice prior to filing such an application, as in some cases a lawyer is required to identify the parties involved in the Section 173 agreement. As part of the Commission`s review of the application, other contracting parties are informed of the application and have the opportunity to oppose the proposal to terminate or amend the agreement. The onus is on the applicant to ensure that the agreement is registered on time with Victoria Country. In accordance with Section 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 very different from the proposal; or refuse to amend or terminate the agreement. These agreements are named under Section 173 of the Planning and Environment Act of 1987. Depending on the complexity of the agreement, the amendment/end proposal is dealt with by Council officials and may be referred, if necessary, to Council lawyers. More than 3,000 properties in the Shire of Nillumbik have a Section 173 agreement listed on the title. It is therefore important for landowners (and their representatives) to know whether or not a Section 173 agreement affects their property and, if so, understand their obligations under the agreement. Independent legal advice may be required to gain a full understanding of the Section 173 agreement. Some councils have their own in-house lawyer who can prepare the agreement for you for a fee.
For example, Frankston City Council offers this service. Alternatively, you can use a lawyer you choose to develop the agreement.