New South Wales Consolidated Acts

NATURE CONSERVATION TRUST ACT 2001 - SECT 38

38 Enforcement of agreement

(1) Proceedings relating to the enforcement of Trust agreements are to be taken in the Land and Environment Court.

(2) Damages are not to be awarded against a landholder who is a party to a Trust agreement for a breach of the agreement unless the breach arose from an intentional or reckless act or omission by the landholder or by a previous landholder in respect of the land (being an act or omission of which the landholder had notice).

(3) In assessing damages for breach of a Trust agreement by a landholder, the Court may have regard to:

(a) any detriment to the public interest arising from the breach, and

(b) any financial or other benefit that the landholder sought to gain by committing the breach, and

(c) any other matter that it considers relevant.

(4) Except as provided by subsection (2), nothing in this section limits the remedies of a party under a Trust agreement.