New South Wales Consolidated Acts

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COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 106

Breach of development contract

106 Breach of development contract

(1) In this section, a reference to proceedings is--
(a) in subsection (2)--a reference to proceedings brought in the Land and Environment Court by an association, or a member of an association, for a breach of a condition of a development consent constituted by a breach of a development contract, or
(b) in subsections (3) and (4)--a reference to proceedings brought in the Land and Environment Court for a breach of the agreement implied by section 15 in relation to a development contract.
(2) If proceedings are brought under section 123 of the Environmental Planning and Assessment Act 1979 , the Court may--
(a) instead of making a restraining order under section 124 of that Act, or
(b) instead of, or in addition to, making an order under that section other than a restraining order,
make an award of damages under section 20 (2) (d) of the Land and Environment Court Act 1979 .
(3) If proceedings are brought under section 20 (2) (d) of the Land and Environment Court Act 1979 , the Court, instead of, or in addition to, making an award of damages may make an order under section 124 of the Environmental Planning and Assessment Act 1979 .
(4) If proceedings are brought under section 20 (2) (d) of the Land and Environment Court Act 1979 , the Court may, instead of making an award of damages, order specific performance of the development contract.



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