New South Wales Consolidated Acts
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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 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.
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