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National Parks and Wildlife Act 1974
69GEnforcement of agreements
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#### 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.
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> > (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).
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> > (3) In assessing damages for breach of a conservation agreement by an owner, the Court may have regard to—
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> > > (a) any detriment to the public interest arising from the breach,
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> > > (b) any financial or other benefit that the owner sought to gain by committing the breach, and
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> > > (c) any other matter that it considers relevant.
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> > (4) Except as provided by subsection (2), nothing in this section limits the remedies of a party under a conservation agreement.
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> **s 69G:** Ins 1987 No 158, Sch 1 (5).