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What is a Section 173 Agreement?

A Section 173 Agreement is a legal contract made between Council and another party or parties under Section 173 of the Planning and Environment Act 1987.

A landowner is normally the other party to the Agreement, while in some cases a third party, such as a referral authority, may also be involved.

A Section 173 Agreement may be used, for example:

  • To allow the subdivision of the land to occur prior to the completion of the development of the land in accordance with an approved development permit
  • To prevent the further subdivision of land
  • To prevent a dwelling being constructed on a new rural lot created by subdivision
  • To provide for the provision of infrastructure
  • To provide ongoing protection and management of native vegetation or to require implementation of Offset Management Plan
  • To require ongoing implementation of an approved Land Management Plan
  • To establish monetary contributions for road construction.

A Section 173 Agreement is usually prepared by a solicitor with cost of preparing agreements met by the applicant.

An example of an Agreement layout is available to download below, as a guide only. We encourage you to seek your own legal advice when preparing a Section 173 Agreement.

Can't find what you're looking for and would like advice?

If you still have questions please contact our Planning Team on 1300 BCOAST (226 278) or (03) 5671 2211 to discuss your plans. Alternatively, a planner is available for assistance every Wednesday at the Wonthaggi Customer Service Centre (76 McBride Avenue, Wonthaggi) between 10am and 3pm.