Northern Territory Consolidated Acts

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PLANNING ACT - SECT 34

Existing use protected

    (1)     Subject to subsection (2), a person does not contravene a planning scheme only by continuing an existing use after the commencement of a conflicting provision.

    (2)     A person may continue an existing use only if:

        (a)     the use is restricted to the part of the land on which the use was being made immediately before the commencement of the conflicting provision; and

        (b)     the intensity of the use is not greater than the intensity of use immediately before the commencement of the conflicting provision.

    (3)     In this section:

"conflicting provision" means a provision of a planning scheme, or an amendment of a provision of a planning scheme, with which an existing use conflicts.



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