178BMatters to be considered in considering proposal to amend or end agreement

178B Matters to be considered in considering proposal to amend or end agreement

(1) In considering a proposal under section 178A to amend an agreement, the responsible authority must consider—

(a) the purpose of the agreement; and

(b) the purpose of the amendment; and

(c) whether any change in circumstances necessitates the amendment; and

(d) whether the amendment would disadvantage any person, whether or not a party to the agreement; and

(e) the reasons why the responsible authority entered into the agreement; and

(f) if the amendment is to remove land from the application of the agreement, whether the land is subject to any further liability under the agreement; and

(g) any relevant permit or other requirements the land is subject to under the Subdivision Act 1988; and

(h) any other prescribed matter.

(2) In considering a proposal under section 178A to end an agreement, the responsible authority must consider—

(a) the purpose of the agreement; and

(b) whether and why the agreement is no longer required; and

(c) whether the ending of the agreement would disadvantage any person, whether or not a party to the agreement; and

(d) the reasons why the responsible authority entered into the agreement; and

(e) any relevant permit or other requirements the land is subject to under the Subdivision Act 1988; and

(f) any other prescribed matter.

S. 178C inserted by No. 3/2013 s. 49.