Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act, unless the contrary intention appears:
"alteration permit" means a permit issued and (if applicable) varied under Part 4, Division 3.
"amenity", in relation to a locality or building, means any quality, condition or factor that makes or contributes to making the locality or building harmonious, pleasant or enjoyable.
Appeals Tribunal has the meaning in section 108.
appellant has the meaning in section 118A(a).
"approved form" means a form approved under section 135A.
"base period of the permit", in relation to a development permit, means:
(a) the period commencing on the relevant date of consent and extending to the date specified in the development permit as the date on which the permit will lapse; or
(b) if no date on which the permit will lapse is specified in the permit – a period of 2 years after the relevant date of consent.
"building" includes a structure of any kind (including a temporary structure) and part of a building or structure.
"Chairman" means the Chairman of the Development Consent Authority appointed under section 88(1) and includes a Deputy Chairman while acting as Chairman under section 88(3) or (4).
"committee" means a committee of the Development Consent Authority established under section 104.
consent authority has the meaning in section 4.
"consolidation" means the amalgamation of 2 or more parcels of land to form a single parcel but does not include:
(a) a consolidation of pastoral land under section 64, 65 or 66 of the Pastoral Land Act , if, after consolidation, the land remains pastoral land within the meaning of that Act;
(c) a consolidation of land the subject of a grant of an estate or interest with land already held by the grantee for the purpose of section 16 or 24 of the Control of Roads Act ;
(d) the consolidation of land vested in a local authority under section 18(3) of the Local Government Act with land adjoining that land if the consolidation takes place not later than 12 months after the vesting of the land in the local authority; or
(e) a consolidation or class of consolidation prescribed for the purposes of this definition.
"construct", in relation to a building, includes:
(a) to build, re-build, erect or re-erect the building;
(b) to make alterations to the building;
(c) to enlarge or extend the building; and
(d) to place or relocate the building on land.
"contribution" means the amount, calculated under and in accordance with a contribution plan, payable in accordance with Part 6.
"contribution plan" means a contribution plan made under section 68.
"council area" means an area for which a council is constituted under the Local Government Act .
"covenant" has the same meaning as in Part 9, Division 4 of the Law of Property Act .
"covenant in gross" has the same meaning as in Part 9, Division 4 of the Law of Property Act .
"date of consent", in relation to a development permit, means:
(a) the date on which the consent authority issued the development permit under section 54; or
(b) the date on which the consent authority, in accordance with an order under section 125(4) or 130(4), issued or amended the development permit,
whichever is the later.
"Deputy Chairman" means a person appointed as a Deputy Chairman of the Development Consent Authority under section 88(2).
"development", in relation to land, means an activity that involves:
(a) the establishment of, or a change in, the use of the land;
(b) the subdivision or consolidation of the land; or
(c) the carrying out of works on or in relation to the land, including:
(i) excavation or land-filling;
(ii) the clearing of native vegetation;
(iii) the construction of a building;
(iv) the construction or upgrading of roads and drains, other than:
(A) by a statutory corporation, by a statutory authority or corporation incorporated under an Act of the Commonwealth or by a local authority; or
(B) if the works are carried out in pursuance of a statutory responsibility;
(v) the construction or upgrading of hardstand car parking or landscaping; and
(vi) any other operation that affects the physical character of the land.
"development application" means an application under section 46.
"Development Consent Authority" means the Authority established by section 82 and includes a Division of the Authority.
"development permit" means a development permit issued under section 54 or taken to be issued under section 45, as varied under section 57, as varied pursuant to an order under section 130 or as modified under section 66.
"Division", in relation to the Development Consent Authority, means a Division established under section 83.
"Division area" means the area of a Division as specified in, or as amended by, a notice under section 83.
"Division member", in relation to a Division of the Development Consent Authority, means a person appointed under section 89 or 90 to be a member in respect of the Division and includes a person appointed under section 91, 93 or 94 to act in the office of a member of the Division while acting as that member.
"easement" has the same meaning as in Part 9, Division 2 of the Law of Property Act .
"easement in gross" has the same meaning as in Part 9, Division 2 of the Law of Property Act .
"exceptional development permit" means a permit granted under section 40 as varied, if at all, under that section.
"exhibition", of a proposal within the meaning of section 14, means the notification, publication and exhibition of the proposal under Part 2, Division 3.
existing building has the meaning in section 33(3).
existing use has the meaning in section 33(1) or (2).
existing works has the meaning in section 33(4).
"former Act" means the Planning Act as in force immediately before the commencement of this Act.
"formula for calculation" means a formula for the calculation of contributions that is referred to in section 69(4).
"interim development control order" means an interim development control order made under Part 3 that is in force from time to time.
"land" includes land covered by water and buildings constructed on land.
"local authority" means a council constituted under the Local Government Act .
"member" means a person appointed under section 89 or 90 as a member of the Development Consent Authority and includes:
(a) the Chairman;
(b) an alternate member appointed under section 91 while acting as a member; and
(c) a temporary member appointed under section 93 or 94 while acting as a member.
"notice of appeal" means a notice referred to in section 118.
"notice of determination" means a notice of determination served under section 53A.
"notice of refusal" means a notice of refusal served under section 53C.
"NT Planning Scheme" means the Northern Territory Planning Scheme referred to in section 7.
"owner", in relation to land held under a lease from the Territory, means the lessee of the land.
"party", to an appeal under Part 9, has the meaning in section 118A.
"permit", in relation to land, means any permit issued under this Act that applies to the land.
"planning scheme" includes the NT Planning Scheme and any specific planning scheme referred to in section 8.
"policy area" means a policy area within the meaning of section 69(3).
"Registrar" means the Registrar within the meaning of the Lands, Planning and Mining Tribunal Act .
"scheme", see section 5 of the Unit Title Schemes Act .
"scheme land", see section 32(1) of the Unit Title Schemes Act .
"service authority" means the Territory, a minister, a local authority, the Power and Water Corporation established by the Power and Water Corporation Act or a prescribed statutory corporation.
"statutory corporation" means a corporation, commission or authority incorporated by name for a public purpose by a law of the Territory, but does not include a local authority.
subdivision has the meaning in section 5.
"Surveyor-General" has the same meaning as in the Licensed Surveyors Act .
"works" means:
(a) any activity on land, other than mining or agriculture, resulting in a physical change to the land or a part of the land; or
(b) the results of such an activity, other than a building.
"zone", in relation to land, means the zone of the land as specified in a planning scheme or in a map to which a planning scheme refers.
(2) If in this Act the expression default penalty appears in or at the foot of a section or subsection, section 79 applies in relation to the section or subsection.