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.
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.