Northern Territory Consolidated Acts

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PLANNING ACT - SECT 76

Notice to cease if contravention

    (1)     If:

        (a)     land is being used or developed in contravention of the planning scheme that applies to the land; and

        (b)     the development is not otherwise permitted by or under this Act,

the consent authority in respect of the planning scheme may, by notice in writing, require:

        (c)     the owner or occupier of the land; or

        (d)     the person apparently using or developing the land in contravention of the planning scheme or interim development control order,

to cease using or developing the land in contravention of the planning scheme.

    (2)     If land is being used or developed in contravention of an interim development control order that applies to the land, the consent authority specified in the order may, by notice in writing, require:

        (a)     the owner or occupier of the land; or

        (b)     the person apparently using or developing the land in contravention of the interim development control order,

to cease using or developing the land in contravention of the interim development control order.

    (3)     If:

        (a)     land is being used or developed in contravention of a permit; and

        (b)     the development is not otherwise permitted by or under this Act,

the consent authority in respect of the planning scheme that applies to the land may, by notice in writing, require:

        (c)     the owner or occupier of the land; or

        (d)     the person apparently using or developing the land in contravention of the permit,

to cease using or developing the land in contravention of the permit.

    (4)     A notice under this section may be served on:

        (a)     the owner of the land;

        (b)     an occupier of the land;

        (c)     a person apparently in charge of premises on the land; or

        (d)     a person apparently in charge of an activity being carried out on the land.

    (5)     A person specified in a notice under this section must not contravene, or fail to comply with, the notice.

Penalty:     In the case of a natural person – 200 penalty units and 4 penalty units default penalty

    In the case of a corporation – 1000 penalty units and 20 penalty units default penalty.



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