Northern Territory Consolidated Acts

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PLANNING ACT


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   2A.     Objects  
   3.      Interpretation  
   4.      Meaning of consent authority  
   5.      Meaning of subdivision  
   6.      Act to bind Crown  

   PART 2--PLANNING SCHEMES AND PROPOSALS
           Division 1--Planning schemes

   7.      Northern Territory Planning Scheme  
   8.      Other specific planning schemes  
   9.      Contents of planning scheme  
           Division 2--Amendments and requests for amendments of planning schemes
   10.     Meaning of declared class of amendments  
   11.     Amendment of planning scheme generally  
   12.     Amendment of planning scheme on Minister's initiative  
   13.     Request for amendment of planning scheme  
           Division 2A--Plans, guidelines and assessment criteria prepared by Commission
   13A.    Application of Division  
   13B.    Procedures to be followed  
           Division 3--Exhibition of proposals
   14.     Definitions  
   15.     Period of exhibition of proposal  
   16.     Notice relating to rezoning or grant of permit  
   17.     Publication of notice of proposal  
   18.     Exhibition of details of proposal  
   19.     Notice to local authority if proposal relates to land in council area  
           Division 4--Submissions, consultation, hearings and reports about proposals
   20.     Definitions  
   22.     Submissions and hearing  
   23.     Directions by Minister relating to consultation  
   24.     Reports  
           Division 5--Decisions about proposals
   25.     Proposal to amend planning scheme  
   26.     Proposal relating to exceptional development permit  
   27.     Exhibition of altered proposal  
   28.     Notice of amendment  
   29.     Reasons for decision to be available to public  

   PART 2A--CONCURRENT APPLICATIONS
           Division 1--Preliminary matters

   30.     Concurrent application  
   30A.    Planning adviser  
   30B.    Meeting with planning adviser required before making concurrent application  
           Division 2--Making concurrent application and initial decision
   30C.    Making concurrent application  
   30D.    Consideration and initial decision by Minister  
           Division 3--Exhibition of concurrent application
   30E.    Application of Division  
   30F.    Newspaper notice about concurrent application  
   30G.    Exhibition of details of concurrent application  
   30H.    Notice to local authority  
   30J.    Notices on land to which concurrent application relates  
           Division 4--Procedures and decisions relating to concurrent application placed on exhibition
   30K.    Application of Division  
   30L.    Consultation  
   30M.    Submissions  
   30N.    Conducting hearing  
   30P.    Preliminary decision about development proposal  
   30Q.    Report to be given to Minister  
   30R.    Amendment decision and effect of decision  
   30S.    Matters to be taken into account for amendment decision  
   30T.    Alteration and exhibition of concurrent application  
   30U.    Notice of amendment decision  
           Division 5--Determination of development proposal and concurrent application
   30V.    Application of Division  
   30W.    Determination of development proposal  
   30X.    Notice of determination to consent  
   30Y.    Notice of consent  
   30Z.    Notice of refusal  
   30ZA.   Determination of concurrent application  
   30ZB.   Public notice about concurrent application after development permit issued  
           Division 6--Other matters
   30ZC.   Minister may direct consent authority  

   PART 3--INTERIM DEVELOPMENT CONTROL ORDERS

   31.     Interim development control orders  
   32.     Inconsistencies with planning scheme  

   PART 4--EXISTING USES, EXISTING BUILDINGS, EXISTING WORKS AND PERMITS
           Division 1--Existing uses, existing buildings and existing works

   33.     Existing use, building and works  
   34.     Existing use protected  
   35.     Existing works protected  
   36.     Repairs and maintenance of existing building or works permitted  
   37.     Abandonment of existing use  
           Division 2--Exceptional development permits
   38.     Application for permit or variation of permit  
   39.     Decision on receipt of application  
   40.     Grant or variation of permit or refusal to grant or vary  
   41.     Reasons for decision to be available to public  
   42.     Matters to be taken into account when making decision  
           Division 3--Alteration permits for existing buildings or existing works
   43A.    Application for alteration permit  
   43B.    Issue or refusal to issue alteration permit  
   43C.    Conditions may be placed on alteration permit and may be varied  

   PART 5--DEVELOPMENT PERMITS
           Division 1--Development permits generally

   44.     When development permit is required  
   45.     When development permit taken to be issued  
   46.     Development applications  
           Division 2 Development applications -- notification and consultation
   47.     Public notice of development application  
   47A.    Development application not requiring public notice  
   48.     Notice to local authority of development application  
   49.     Submissions  
   50.     Evidence and information  
           Division 2A--Development application relating to significant development proposal
   50A.    Significant development proposal  
   50B.    Significant development report  
   50C.    When significant development report may be requested  
   50D.    Consideration of significant development report  
           Division 3--Determination of application
   51.     Matters to be taken into account  
   52.     Consent only if development complies with planning scheme  
   53.     Determination of development application  
   53A.    Notice of determination to consent  
   53B.    Notice of consent  
   53C.    Notice of refusal  
   54.     Development permit  
   55.     Conditions may be placed on permits  
   56.     Conditions may relate to stage of development  
   57.     Variation of conditions of permit  
           Division 3A--Determination by Minister of application relating to significant development proposal
   57A.    Application of Division  
   57B.    Reasons for determination and tabling in Legislative Assembly  
           Division 4--Duration of development permits
   58.     Duration of permit  
   59.     Extension of period of permit  
   59A.    Lapse of permit on abandonment of permitted use  
           Division 5--Development works
   60.     Planning scheme may require consultation or agreement  
           Division 6--Subdivisions and consolidations
   61.     Subdivisions etc. to be approved under Licensed Surveyors Act  
   62.     Surveyor-General can only approve survey if consent given  
   63.     Purported subdivision or consolidation prohibited  
   64.     Service easements  
           Division 7--Certification
   65.     Certification of compliance with permit or Part  
           Division 8--Revocation and modification of permits
   66.     Minister may revoke or modify permit  

   PART 6--DEVELOPER CONTRIBUTIONS

   67.     Definition  
   68.     Service authority may make contribution plans  
   69.     Content of contribution plan  
   70.     Contribution towards car parking  
   71.     Contribution payable  
   72.     Duties of service authority  
   73.     Discount, interest rate etc.  
   74.     Enforcement of contribution plan  

   PART 7--ENFORCEMENT
           Division 1--Offences

   75.     Use or development to comply with permit or order  
   75A.    Clearing native vegetation  
   76.     Notice to cease if contravention  
           Division 2--Enforcement
   77.     Power to enter land  
   78.     Who may prosecute offences against Act  
   78A.    Time for commencing prosecution  
           Division 3--Court orders etc.
   79.     Default penalty may be imposed for continuing offences  
   80.     Order to remedy contravention or failure  
   81.     Onus of proof  

   PART 7A--PLANNING COMMISSION
           Division 1--Establishment of Commission and related matters

   81A.    Establishment  
   81B.    Functions  
   81C.    Powers  
   81D.    Independence  
   81E.    Staff and facilities  
           Division 2--Membership of Commission
   81F.    Constitution and appointment of members  
   81G.    Duration and conditions of appointment  
   81H.    Vacation of office  
   81J.    Termination of appointment  
           Division 3--Procedures for particular functions
   81K.    Integrated strategic plans  
   81L.    Community consultation  
   81M.    Preparation of significant development report  
           Division 4--General procedures
   81N.    Commission decides its procedures  
   81P.    Holding meetings  
   81Q.    Quorum  
   81R.    Presiding member at meeting  
   81S.    Voting at meeting  
   81T.    Records of meetings  
   81U.    Disclosure of personal interest  
   81V.    Effect of personal interest  
   81W.    Limitation on challenge to decision of member  
   81X.    Committees  
           Division 5--Other matters
   81Y.    Annual report  
   81Z.    Protection from liability  
   81ZA.   Confidentiality of information  

   PART 8--DEVELOPMENT CONSENT AUTHORITY
           Division 1--Establishment of Development Consent Authority and Divisions of Authority

   82.     Development Consent Authority  
   83.     Minister may establish Divisions of Authority  
   84.     Functions and powers of Development Consent Authority  
   85.     Minister may direct Authority  
   86.     Delegation  
           Division 2--Membership
   87.     Constitution of Development Consent Authority  
   88.     Chairman and Deputy Chairman  
   89.     Appointment of members within council area  
   90.     Appointment of members outside council area  
   91.     Alternate members for local authority representatives  
   92.     Term of office of member  
   93.     Chairman may appoint member to act in another Division  
   94.     Minister may appoint temporary member  
   95.     Vacancy or defect does not invalidate action of Authority  
   96.     Resignation of members  
   97.     Disclosure of interest  
   98.     Interests of members nominated by local authority  
   99.     Direct or indirect interests in companies  
   100.    Removal from office  
           Division 3--Procedure
   101.    Meetings of Authority  
   102.    Attendance of public at meetings  
   103.    Minutes  
   104.    Committees  
   105.    Protection of members and witnesses  
   106.    Contempt  
   107.    Confidentiality  

   PART 9--TRIBUNAL
           Division 1--Jurisdiction of Tribunal

   108.    Jurisdiction  
   111.    Review of refusal to issue development permit  
   112.    Review if consent authority does not determine application  
   113.    Review of refusal to extend period of development permit  
   114.    Review of determination of concurrent application or development application  
   115.    Review of refusal to refund or remit contribution  
   116.    Review of refusal to vary condition of development permit  
   117.    Applications by third parties for review in respect of concurrent applications and development applications  
           Division 2A--Determinations
   117A.   No review jurisdiction for certain determinations of Minister  
           Division 3--Procedures
   118A.   Parties to application for review  
   119.    No works or use permitted under permit if application for review  
   120.    Authorities to provide information  
   130.    Determination of application for review  

   PART 10--MISCELLANEOUS
           Division 1--Administration

   134.    Delegation by Minister  
   135.    Fees and charges  
   135A.   Approved forms  
           Division 2--Notice of instruments under this Act
   136.    Planning schemes to be available to public  
   137.    Certified copies of planning documents, permits etc.  
   138.    Registers and plans for public inspection  
   139.    Service of notices and other documents  
           Division 3--Planning certificates
   140.    Planning certificates  
   141.    Effect of planning certificates  
           Division 4--Compensation
   142.    Compensation for abortive expenditure  
   143.    Compensation and liability  
           Division 5--Other
   144.    Inquiries  
   144A.   Advisory committees  
   145.    Territory lease term of no effect if inconsistent with Scheme or order  
   146.    Saving of other laws  
   147.    Actions not to be invalidated  
   148.    Regulations  

   PART 11--REPEAL AND TRANSITIONAL MATTERS FOR PLANNING ACT 1999
           Division 1--Repeal and definitions

   149.    Repeal  
   150.    Definitions  
           Division 2--Development Consent Authority
   151.    Development Consent Authority to replace Planning Authority  
   152.    References in other documents  
   153.    Saving of actions  
   154.    Development Consent Authority to keep records of former Authority  
           Division 3--Components of Planning Scheme
   155.    Saving of objectives  
   156.    Saving of control plans  
   157.    Proposed new control plans  
   158.    If exhibition of draft control plan amendment not completed  
   159.    If decision not made in relation to exhibited draft control plan amendments  
   160.    Declaration of incorporated documents  
           Division 4--Development applications, permits, interim development control orders etc.
   161.    Saving of interim development control orders  
   162.    Saving of existing non-conforming uses and works  
   163.    Saving of determinations  
   164.    Saving of extensions of period and applications  
   165.    Saving of existing use determinations and permits  
   166.    Saving of statement of reasons and appeal periods  
   167.    Development applications etc. lodged under former Act  
           Division 5--Contribution plans etc.
   168.    Saving of contribution plans  
   169.    Trust accounts  
   170.    Saving of policy areas and claims etc.  
           Division 6--Appeals
   171.    Appeal to Appeals Tribunal under former Act  
   172.    Saving of determinations of former Appeals Tribunal  
   173.    Appeals to Supreme Court under former Act  
           Division 7--Miscellaneous
   174.    Saving of notices  
   175.    Saving of rights to compensation  
   176.    Saving of provisions of certain regulations  
   177.    Saving of inquiries  
   178.    Maintenance of registers  
   179.    Saving of certificates  
   180.    Saving of restriction on powers under easements  
   181.    Transitional regulations  

   PART 12--OTHER TRANSITIONAL MATTERS
           Division 1--Planning Amendment Act 2005
           Subdivision 1--Preliminary matters
           Subdivision 2--Planning schemes

   183.    Northern Territory Planning Scheme continues in force  
   184.    Special planning scheme for town of Jabiru  
           Subdivision 3--Amendments of Northern Territory Planning Scheme
   185.    Meaning of proposed amendment  
   186.    Application not decided before commencement date  
   187.    Proposed amendment not exhibited before commencement date  
   188.    Proposed amendment requiring further actions under former Part 2  
   189.    Actions in determining application for proposed amendment  
           Subdivision 4--Exceptional development permits
   190.    Meaning of proposal  
   191.    Proposal not exhibited before commencement date  
   192.    Proposal requiring further actions under former Part 2  
   193.    Actions in determining application for proposal  
           Subdivision 5--Development applications and development permits
   194.    Development application  
   195.    Direction in respect of particular development application  
   196.    Application for variation of development permit  
           Subdivision 6--Miscellaneous
   197.    Alternate members for local authority representatives  
   198.    Determination of appeals  
           Subdivision 7--Regulations
   199.    Regulations may contain savings or transitional provisions  
           Division 2--Land Title and Related Legislation Amendment Act 2008
   200.    Application  
           Division 3--Unit Title Schemes Act 2009
   201.    Savings – repeal of section 43  
   202.    Application for development permit or exceptional development permit  
           Division 4--Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
   203.    Definitions  
   204.    Appeal relating to consent authority's or service authority's determination  
   205.    Consent authority's or service authority's determination made after commencement  
   206.    Application before former Tribunal  
           Division 5--Planning Legislation Amendment Act 2016
   207.    Definitions  
   208.    Proposal placed on exhibition before commencement  
           ENDNOTES


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