Northern Territory Consolidated Acts

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PLANNING ACT - SECT 60

Planning scheme may require consultation or agreement

    (1)     In this section, referral authority means:

        (a)     a statutory corporation;

        (b)     a body corporate;

        (c)     the holder of a statutory office under a law of the Territory or the Commonwealth;

        (d)     an Agency; or

        (e)     a local authority or a minister,

that or who is specified in a planning scheme for the purposes of this section.

    (2)     A planning scheme may specify that a consent authority must not consent to a development taking place unless it has consulted with, or obtained the agreement of, a referral authority.

    (3)     If a planning scheme specifies that the agreement of a referral authority must be obtained before the consent authority consents to a development taking place, the planning scheme must specify the matters that the referral authority must take into account in considering whether to agree.

    (4)     A referral authority may, by notice in writing to the consent authority, specify circumstances in which the consultation or agreement required by a planning scheme may be assumed to have taken place or been given.

    (5)     A consent authority must not consent to a development unless:

        (a)     if a planning scheme requires the consent authority to consult with a referral authority before consenting:

            (i)     the consent authority has consulted with the referral authority; or

            (ii)     the circumstances in which the consultation required by the planning scheme may be assumed to have taken place exist in relation to the development application; or

        (b)     if a planning scheme requires the consent authority to obtain the agreement of a referral authority before consenting:

            (i)     the consent authority has obtained the agreement; or

            (ii)     the circumstances in which the agreement may be assumed to have been given exist.



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