Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 76

Variation or termination of agreements

76. Variation or termination of agreements



(1) An agreement may be varied or terminated-

   (a)  by agreement between the Secretary and the land owner; or



   (b)  in the manner or in the circumstances provided for in the agreement;
        or

   (c)  by order of the Minister; or

   (d)  by order of the Victorian Civil and Administrative Tribunal; or



   (e)  by order of the Supreme Court under section 72.

(2) If the Secretary and the land owner cannot agree to vary or terminate an
agreement either of them may apply to the Minister, and the Minister may by
order-

   (a)  vary the agreement in ways stated in the order; or

   (b)  terminate the agreement-

if the Minister is satisfied that the continuance of the agreement in its
present form would be harsh or oppressive.

(3) A party to an agreement may apply to the Victorian Civil and
Administrative Tribunal for review of a decision by the Minister-

   (a)  refusing to vary or terminate an agreement; or

   (b)  varying or terminating an agreement.





(3A) An application for review must be made within 28 days after the later of-

   (a)  the day on which the decision is made;

   (b)  if, under the Victorian Civil and Administrative Tribunal Act 1998,
        the party requests a statement of reasons for the decision, the day on
        which the statement of reasons is given to the party or the party is
        informed under section 46(5) of that Act that a statement of reasons
        will not be given.

(4) Section 72(6) and (7) apply where an order is made by the Minister or the
Tribunal as if those provisions refer to a party to the agreement instead of
the land owner.