(1) A site agreement—
(a) must include the prescribed terms, if any; and
(b) may include any other term that is not inconsistent with this Act or the prescribed terms referred to in paragraph (a); and
(c) must contain any other prescribed matters.
(2) A site agreement that does not include a prescribed term is taken to include the prescribed term.
(3) A term included in a site agreement is void to the extent that—
(a) it is inconsistent with this Act; or
(b) it purports to exclude, restrict or modify the application of, or the exercise of a right conferred by, this Act; or
(c) it is inconsistent with the prescribed terms referred to in subsection (1)(a) or inconsistent with the matters referred to in subsection (1)(c).
S. 206F(4) inserted by No. 45/2018 s. 180.
(4) A term of a site agreement is also invalid if it is a prohibited term or a term that this Act provides must not be included in a site agreement.
Note to s. 206F inserted by No. 45/2018 s. 180.
Note
The Tribunal may declare under sections 206G and 472 that a term of site agreement is invalid.
S. 206FA inserted by No. 45/2018 s. 181 (as amended by No. 1/2021 s. 93).