This means that if you do not agree with the terms of the agreement, you must apply to the Council. Different councils may have different procedures for amending section 173 of the agreement. It is also important to note that a Section 173 agreement on the title of the land concerned can be registered. This means that it is not only the landowners and current occupants who are bound by the agreement, but also the future landowners and occupants. For example, an agreement may prohibit the development of a given land for residential purposes, now and for a specified period of time. An agreement is like any other contract. It must be negotiated and agreed upon by all parties involved. Sometimes an agreement under Section 173 may be required through a planning scheme or authorization. If this is the case, it must be completed before beginning an evolution. But everyone still has the right to negotiate the agreement. It is a good idea to have a lawyer represented in these negotiations. Any agreement under Section 173 must be approved and signed by the Council at a Council meeting. Once this has been done, the agreement can be entered on the ground.
Applications to register the agreement can be made with Victoria Country and this will usually be done by your lawyer. A dealing number is provided to confirm that the agreement was registered in accordance with Section 173. However, there may be other parties related to the terms of an agreement. For example, a planning authority or developer interested in the use of the land may also be included in the contract. You can only have 1 section 173 in an agreement, but if you need a restriction, it can be listed in the title. The agreements in Section 173 (`S173`) are complex and often unduly sought or challenged. When a landowner or other person does not agree under Section 173, a competent authority may sue or apply for an enforcement order to avoid any violation of the agreement. In any event, the procedure is the same as for the procedure that would apply in the event of a violation of a condition of a building permit.
A council may also enter into a s173 agreement with someone who may own the country in the future.