Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 77

Remedies for breach of agreement

77. Remedies for breach of agreement



(1) A party to an agreement has the same remedies and rights of action for
breach of the agreement as the party would have for breach of contract, and as
well as the other damages which it may award, a court may award punitive
damages for breach of an agreement.

(2) Damages must not be awarded against the land owner for breach of the
agreement unless the breach arose from an intentional or reckless act or
omission on the part of the land owner.

(3) In assessing damages for breach of an agreement by the land owner, a court
must have regard to-

   (a)  any detriment to the public interest resulting from the breach; and

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

   (c)  any other matter it considers relevant.





(4) A court may order a land owner to restore the land to its prior condition
or to a condition as close as possible to the prior condition, in addition to
any other order which it may make in proceedings for breach of the agreement.