Northern Territory Consolidated Acts

PLANNING ACT

TABLE OF PROVISIONS

           Long Title

           Part 1 Preliminary
   1.      Short title
   2.      Commencement
   2A.     Objects
   3.      Interpretation
   4.      Meaning of
   5.      Meaning of
   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 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
   21.     Reporting body
   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 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 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
   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 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
   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 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 Appeals
           Division 1 Appeals Tribunal
   108.    Appeals Tribunal
   109.    Application of
   110.    Interests of members of Appeals Tribunal
           Division 2 Determinations that may be appealed against
   111.    Appeal against refusal to issue development permit
   112.    Appeal if consent authority does not determine application
   113.    Appeal against refusal to extend period of development permit
   114.    Appeal against determination of development application
   115.    Appeal against refusal to refund or remit contribution
   116.    Appeal against refusal to vary condition of development permit
   117.    Appeals by third parties in respect of development applications
           Division 2A Determinations that may not be appealed against
   117A.   No appeal against certain determinations of Minister
           Division 3 Beginning an appeal
   118.    Notice of appeal etc.
   118A.   Parties to appeal
   119.    No works or use permitted under permit if appeal lodged
   120.    Authorities to provide information
           Division 4 Compulsory conferences
   121.    Registrar to fix date for conference
   122.    Appointment of mediator
   123.    Attendance at conference
   124.    Objects of conference
   125.    Compromise and settlement
   126.    Mediator may make orders at conference
           Division 5 Determination by Tribunal
   127.    Application for determination by Appeals Tribunal
   128.    Parties may make written submissions
   129.    Consideration of appeals by Tribunal
   130.    Determination of appeals
   131.    Reasons for determination to be given
   132.    Powers of Appeals Tribunal
   133.    Appeals to Supreme Court
           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 Panning 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 Transitional matters for Planning Amendment Act 2005
           Division 1 Preliminary
   182.    Definitions
           Division 2 Planning schemes
   183.    Northern Territory Planning Scheme continues in force
   184.    Special planning scheme for town of Jabiru
           Division 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
           Division 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
           Division 5 Development applications and development permits
   194.    Development application
   195.    Direction in respect of particular development application
   196.    Application for variation of development permit
           Division 6 Miscellaneous
   197.    Alternate members for local authority representatives
   198.    Determination of appeals
           Division 7 Regulations
   199.    Regulations may contain savings or transitional provisions
           Part 13 Transitional matters for Land Title and Related Legislation Amendment Act 2008
   200.    Application
   201.    Savings - repeal of section 43
   202.    Application for development permit or exceptional development permit
           ENDNOTES