Northern Territory Consolidated Acts

PLANNING ACT - SECT 33

(1) For this Part, a use of land is an existing use if the following circumstances apply:

(a) the use was being made immediately before the commencement of a planning scheme, or of an amendment of a planning scheme, relating to the land;

(b) the use was lawful under this Act immediately before the commencement:

(i) as a use permitted without the consent of a consent authority; or

(ii) as a use permitted under a planning scheme only with the consent of the consent authority and to which the consent authority had consented;

(c) the use would cease to be lawful after the commencement if not for this Part.

(2) Also, a use of land is an existing use for this Part if it is permitted only in accordance with an exceptional development permit.

(3) For this Part, a building is an existing building if the following circumstances apply:

(a) the building was in existence immediately before the commencement of a planning scheme, or of an amendment of a planning scheme, relating to the land on which the building is situated;

(b) the building was lawful under this Act immediately before the commencement;

(c) the building would cease to be lawful after the commencement if not for this Part.

(4) For this Part, works are existing works if the following circumstances apply:

(a) the works had been carried out before, or were being carried out immediately before, the commencement of a planning scheme, or of an amendment of a planning scheme, relating to the land on which the works were, or were being, carried out;

(b) the works were lawful under this Act immediately before the commencement;

(c) the works would cease to be lawful after the commencement if not for this Part.