54O   Agreements to be made on a voluntary basis

(1)  Entry into an environmental upgrade agreement is voluntary.

(2)  A council must not require a person to enter into an environmental upgrade agreement, whether as a condition of a development consent or a requirement of an order under the Environmental Planning and Assessment Act 1979 or by any other means.

(3)  This section does not prevent a planning agreement under the Environmental Planning and Assessment Act 1979 making provision for entry into an environmental upgrade agreement.