69GEnforcement of agreements

69G Enforcement of agreements

69G Enforcement of agreements

(1) Proceedings relating to the enforcement of conservation agreements shall be taken in the Land and Environment Court.

(2) Damages shall not be awarded against the owner of a conservation area for breach of a conservation agreement unless the breach arose from an intentional or reckless act or omission by the owner or a previous owner of the land (being an act or omission of which the owner had notice).

(3) In assessing damages for breach of a conservation agreement by an owner, the Court may have regard to—

(a) any detriment to the public interest arising from the breach,

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

(c) any other matter that it considers relevant.

(4) Except as provided by subsection (2), nothing in this section limits the remedies of a party under a conservation agreement.

s 69G: Ins 1987 No 158, Sch 1 (5).