Northern Territory Consolidated Acts

PLANNING ACT - SECT 60

(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.