(1) This section applies to an agreement if—(a) the State is a party to the agreement; and(b) the agreement relates to the development of land within the Queen’s Wharf priority development area; and(c) a term of the agreement entitles the State to keep an amount given to it by another party in the event of a termination of the agreement.
(2) It is declared that—(a) the term of the agreement has effect even if it is inconsistent with the common law; and(b) the amount is not a penalty at law.