Victorian Current Acts Victorian Current Acts(1) An agreement may be varied or terminated—
S. 76(1)(a) amended by No. 76/1998 s. 3(1)(t).
(a) by agreement between the Secretary and the land owner; or
(b) in the manner or in the circumstances provided for in the agreement; or
(c) by order of the Minister; or
S. 76(1)(d) amended by No. 52/1998 s. 311(Sch. 1 item 15.1(a)).
(d) by order of the Victorian Civil and Administrative Tribunal; or
(e) by order of the Supreme Court under section 72.
S. 76(2) amended by No. 76/1998 s. 3(1)(t).
(2) If the Secretary and the land owner cannot agree to vary or terminate an agreement either of them may apply to the Minister, and the Minister may by order—
(a) vary the agreement in ways stated in the order; or
(b) terminate the agreement—
if the Minister is satisfied that the continuance of the agreement in its present form would be harsh or oppressive.
S. 76(3) amended by No. 52/1998 s. 311(Sch. 1 item 15.1(b)).
(3) A party to an agreement may apply to the Victorian Civil and Administrative Tribunal for review of a decision by the Minister—
(a) refusing to vary or terminate an agreement; or
(b) varying or terminating an agreement.
S. 76(3A) inserted by No. 52/1998 s. 311(Sch. 1 item 15.2).
(3A) An application for review must be made within 28 days after the later of—
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and Administrative Tribunal Act 1998 , the party requests a statement of reasons for the decision, the day on which the statement of reasons is given to the party or the party is informed under section 46(5) of that Act that a statement of reasons will not be given.
S. 76(4) amended by No. 52/1998 s. 311(Sch. 1 item 15.3).
(4) Section 72(6) and (7) apply where an order is made by the Minister or the Tribunal as if those provisions refer to a party to the agreement instead of the land owner.