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This is a Bill, not an Act. For current law, see the Acts databases.
PLANNING AMENDMENT (DEVELOPMENT APPLICATIONS) BILL 2007
Serial 130
Planning
Amendment (Development Applications) Bill
2007
Ms
Lawrie
A Bill for an Act to amend the
Planning Act
NORTHERN TERRITORY OF
AUSTRALIA
PLANNING AMENDMENT (Development
Applications) ACT 2007
____________________
Act No. [ ] of
2007
____________________
TABLE OF PROVISIONS
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2007
____________________
An Act to amend the Planning
Act
[Assented to [ ]
2007]
[Second reading [ ]
2007]
The Legislative Assembly of the Northern
Territory enacts as follows:
This Act may be cited as the Planning Amendment
(Development Applications) Act 2007.
This Act commences on the date fixed by the
Administrator by Gazette notice.
This Act amends the Planning
Act.
Repeal and substitution of Part 5, Division
2
Part 5, Division 2
repeal, substitute
Division
2 Development applications – notification and
consultation
47 Public notice of
development application
(1) Before the consent authority determines a
development application, other than an application to which section 47A applies,
it must give public notice of the application or, in writing, require the
applicant to do so.
(2) The notice must be given in the prescribed
manner and form and must include:
(a) a statement that a development application has
been made to the consent authority; and
(b) the details of the application;
and
(c) an invitation to members of the public to make
written submissions about the application within the period specified in the
notice, which must end no earlier than 14 days after the date on which notice is
given; and
(d) any other information required by the
Regulations.
(3) If the consent authority gives public notice of
the application, it may charge the applicant the reasonable costs of
notification.
47A Development
application not requiring public notice
(1) No public notice is required to be given of a
development application that is solely for consent to carry out the following
development:
(a) the consolidation of land;
(b) the establishment of, or a change in, the use of
land for the accommodation of people requiring privacy, as specified by the
Regulations;
(c) development, specified by the Regulations, that
will not have a significant impact on the existing and future amenity of the
area in which the development will be carried out.
(2) Before the consent authority determines a
development application relating to development mentioned in subsection (1), it
must give notice of the application to the persons the Regulations require to be
notified or, in writing, require the applicant to do so.
(3) The notice must be given in the prescribed
manner and form and must include:
(a) a statement that a development application has
been made to the consent authority; and
(b) the details of the application;
and
(c) an invitation to the recipient to make a written
submission about the application within the period specified in the notice,
which must end no earlier than 14 days after the date on which the notice is
given; and
(d) any other information required by the
Regulations.
(4) If the consent authority gives notice of the
application, it may charge the applicant the reasonable costs of
notification.
48 Notice to local
authority of development application
(1) If a development application relates to land
within the council area of a local authority, the consent authority must give
the local authority a written notice that includes:
(a) a statement that a development application has
been made to the consent authority; and
(b) the details of the application;
and
(c) an invitation to the local authority to make a
submission about the application within the period specified in the notice,
which must end no earlier than 14 days after the date on which the notice is
given.
(2) The consent authority may charge the applicant
the reasonable costs of notification.
(1) Any person may make a written submission to the
consent authority about a development application to which section 47 applies
within the period specified in the public notice about the
application.
(2) A person given notice under section 47A about a
development application may make a written submission to the consent authority
about the application within the period specified in the
notice.
(3) A local authority given notice under section 48
about a development application may make a written submission to the consent
authority about the application within the period specified in the
notice.
50 Evidence and
information
(1) If a natural person or body corporate makes a
submission in accordance with section 49(1) or (2), the consent authority may
invite the person or a representative of the body to appear before it and give
evidence in relation to the development application.
(2) If a local authority makes a submission in
accordance with section 49(3), the consent authority must invite a
representative of the authority to appear before it and give evidence in
relation to the development application.
(3) If the Minister is the consent authority in
relation to the land or development to which a submission relates, the Minister
may appoint a person or body to receive information from the relevant person or
representative mentioned in subsection (1) or (2).
(4) If appropriate, a person or body appointed
under subsection (3) may receive information by telephone or other electronic
means.
Amendment of section 51 (Matters to be taken
into account)
Section 51(e)
omit
49
substitute
49, and any evidence or information received under
section 50,
Amendment of section 53 (Determination of
development application)
Section 53
omit
all the words from "As" to
"considered"
substitute
As soon as practicable after considering a
development application and
Amendment of section 102 (Meetings to be
open)
(1) Section 102, heading
omit, substitute
Attendance of public at
meetings
(2) Section 102(1)
omit
subsection (2)
substitute
this section
(3) After section 102(4)
insert
(5) A meeting of the Development Consent Authority
must not be open to the public if evidence is to be taken in relation to a
development application to which section 47A
applies.
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