{"id":"lake-bennett-land-title-act-2005","name":"Lake Bennett (Land Title) Act 2005","slug":"lake-bennett-land-title-act-2005","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30155,"registerId":"nt-lake-bennett-land-title-act-2005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Lake Bennett (Land Title) Act 2005","content":"NORTHERN TERRITORY OF AUSTRALIA\nLAKE BENNETT (LAND TITLE) ACT 2005\nAs in force at 1 October 2019\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Application of Act ............................................................................. 1\n4 Object of Act .................................................................................... 1\n5 Definitions ........................................................................................ 1\n6 Expressions defined in related legislation ........................................ 3\nPart 2 Preparation and registration of\ninstruments\n7 Minister to prepare instruments ....................................................... 3\n8 Minister may sign instrument ........................................................... 3\n9 Lake Bennett plan of subdivision ..................................................... 3\n10 Lake Bennett units plan ................................................................... 3\n11 Preparation of easements to replace recreational easements ......... 4\n12 Preparation of new service easements............................................ 4\n13 Lodgment and registration of plans and easements ........................ 4\n14 Recreational easements extinguished ............................................. 5\n15 Issue of certificates as to title........................................................... 5\n16 Restriction on ownership of created sections 1253 and 1255.......... 6\n17 Units plan of subdivision for additional units .................................... 6\n18 Effect of caveat, court order, writ of execution and statutory\ncharge ............................................................................................. 7\nPart 3 Planning and development provisions\n19 Amendment of Planning Scheme .................................................... 7\n20 Restrictive covenants extinguished ................................................. 7\n21 Development permit for development area ...................................... 7\n22 Approval not required for certain building work................................ 8\n23 Restriction on further development .................................................. 8\nPart 4 Miscellaneous provisions\n24 Decision final ................................................................................... 9\n25 Exemptions from fees and stamp duty ............................................ 9\n26 Delegations...................................................................................... 9\n27 Licence to take or use water ............................................................ 9\n28 Acquisition on just terms ................................................................ 10\n\nLake Bennett (Land Title) Act 2005 ii\n29 Regulations.................................................................................... 10\nPart 5 Transitional matters for Lake Bennett\n(Land Title) Act 2005\n30 Transitional provisions for body corporate ..................................... 11\nSchedule 1 Recreational easements\nSchedule 2 Restrictive covenants\nSchedule 3 Conditions of easements – part created\nsection 1252 (common property)\nSchedule 4 Conditions of easements – created\nsections 1254 and 1255 (lake and\nforeshore)\nSchedule 5 Development for Lake Bennett locality\nSchedule 6 Development permit for development area\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 October 2019\n____________________\nLAKE BENNETT (LAND TITLE) ACT 2005\nAn Act about the rights and interests of persons in certain land in the\nLake Bennett locality\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Lake Bennett (Land Title) Act 2005.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Application of Act\nThis Act applies despite any other Act or law to the contrary.\n4 Object of Act\nThe object of this Act is to facilitate the preparation and registration\nof instruments relating to lots in the Lake Bennett locality in\naccordance with the terms of compromise submitted by the\nTerritory to the registered proprietors of the lots.\n5 Definitions\nIn this Act, unless the contrary intention appears:\nadditional unit means a unit to which the development permit\nissued under section 21 applies.\nadjoining lots means the following sections in the Hundred of\nHoward:\n(a) sections 92 to 97 (inclusive);\n(b) sections 99 to 110 (inclusive).\n\nPart 1 Preliminary\nLake Bennett (Land Title) Act 2005 2\nbuilding permit means a building permit under the Building\nAct 1993.\ncommencement date means the date this Act comes into\noperation.\ncommon property easement area means the part of created\nsection 1252 shaded on the plan in Schedule 3.\ncomplying pontoon means a pontoon the construction of which is\nauthorised under the development provisions stated in Schedule 5.\ncreated, for a lot, means a lot created by the Lake Bennett plan of\nsubdivision or Lake Bennett units plan.\ndevelopment area means the area that, under the development\npermit issued under section 21, may be further developed.\nexisting unit means a unit for which a certificate as to title is issued\nunder Units Plan 97/026, other than unit 108.\nLake Bennett locality means the area of land to which the\ndevelopment provisions in Schedule 5 apply.\nLake Bennett lots means sections 244 and 245 in the Hundred of\nHoward.\nLake Bennett plan of subdivision has the meaning in section 9.\nLake Bennett units plan has the meaning in section 10.\nnew unit has the meaning in section 10(2)(a).\nPlanning Minister means the Minister administering the Planning\nAct 1999.\nrecreational easement means a registered instrument of\neasement stated in Schedule 1.\nregistration date means the date the Registrar-General complies\nwith section 13(2).\nresort owner means the owner of created section 1253.\nrestrictive covenant means a registered instrument of covenant\nstated in Schedule 2.\n\nPart 2 Preparation and registration of instruments\nLake Bennett (Land Title) Act 2005 3\n6 Expressions defined in related legislation\nIf an expression used in this Act is defined in the Land Title\nAct 2000, Planning Act 1999, Real Property (Unit Titles) Act 1975\nor Unit Titles Act 1975, the expression has, as the context requires,\nthe same meaning in this Act.\nPart 2 Preparation and registration of instruments\n7 Minister to prepare instruments\n(1) The Minister must prepare the instruments necessary to achieve\nthe object of this Act.\n(2) Subsection (1) is not limited by another provision of this Part.\n8 Minister may sign instrument\nAn instrument prepared under this Act is validly executed if signed\nby the Minister in the place of a person who would otherwise be\nrequired to sign it for registration.\n9 Lake Bennett plan of subdivision\n(1) The Lake Bennett plan of subdivision is plan of subdivision\nNo. S2004/153 of the Lake Bennett lots prepared for this Act.\n(2) The plan of subdivision creates sections 1252 to 1255 (inclusive).\n10 Lake Bennett units plan\n(1) The Lake Bennett units plan is the units plan of created\nsection 1252 that is prepared for this Act and identified as such by\ncertificate of the Registrar-General.\n(2) The units plan creates:\n(a) a lot (a new unit) for each existing unit;\n(b) a lot for the development area; and\n(c) common property.\n(3) The units plan must include a schedule of unit entitlements certified\nby a valuer.\n\nPart 2 Preparation and registration of instruments\nLake Bennett (Land Title) Act 2005 4\n11 Preparation of easements to replace recreational easements\n(1) The Minister must prepare the following instruments of easement:\n(a) an easement that benefits each of the adjoining lots and\ncreated section 1254 and burdens the common property\neasement area;\n(b) an easement that benefits each of the adjoining lots, each of\nthe lots in created section 1252, created section 1253 and\ncreated section 1255 and burdens created section 1254;\n(c) an easement that benefits each of the adjoining lots, each of\nthe lots in created section 1252 and created section 1254 and\nburdens created section 1255.\n(2) The benefit and burden under the easement mentioned in\nsubsection (1)(a) must be in the terms stated in Schedule 3.\n(3) The benefit and burden under each of the other easements\nmentioned in subsection (1) must be in the terms stated in\nSchedule 4.\n12 Preparation of new service easements\n(1) The Minister must prepare instruments of easement that benefit\ncreated section 1252 and burden created section 1255.\n(2) The benefit and burden under the easements must be in the terms\nstated in Schedule 3, Part B to the Law of Property Act 2000 for\nproviding sewerage, water supply and electricity to created section\n1252.\n13 Lodgment and registration of plans and easements\n(1) The Minister must, as soon as practicable after the commencement\ndate, lodge the following instruments:\n(a) the Lake Bennett plan of subdivision;\n(b) the Lake Bennett units plan and schedule of unit entitlements\ncertified by a valuer;\n(c) the easements prepared under sections 11 and 12.\n(2) On lodgment of the instruments, the Registrar-General must:\n(a) cancel Units Plan 97/026;\n(b) cancel the certificates as to title for the lots contained in the\nLake Bennett lots;\n\nPart 2 Preparation and registration of instruments\nLake Bennett (Land Title) Act 2005 5\n(c) register the plan of subdivision;\n(d) register the units plan and schedule of unit entitlements;\n(e) register the extinguishment of the easements under\nsection 14;\n(f) issue new certificates as to title in accordance with section 15;\nand\n(g) register the easements prepared under sections 11 and 12.\n(3) Without limiting section 3, subsection (2) applies even if:\n(a) the certificate as to title for a lot is not lodged with the plan of\nsubdivision or units plan; or\n(b) the holder of a registered interest in any of the lots has not\nconsented to a cancellation, registration or issue of a\ncertificate as to title under the subsection.\n(4) On registration under subsection (2):\n(a) the plan of subdivision is taken to have been registered under\nthe Land Title Act 2000;\n(b) the units plan is taken to have been registered under the Real\nProperty (Unit Titles) Act 1975; and\n(c) the easements are taken to have been registered under the\nLand Title Act 2000.\n14 Recreational easements extinguished\nOn lodgment of the instruments mentioned in section 13(1), each\nrecreational easement is extinguished.\n15 Issue of certificates as to title\n(1) The Registrar-General must issue certificates as to title for the\ncreated lots to the following persons as registered owners:\n(a) for created section 1252 – the body corporate constituted\nunder the Unit Titles Act 1975 on registration of the Lake\nBennett units plan;\n(b) for each new unit – the registered owner of the existing unit for\nwhich the new unit is created;\n(c) for the development area – the registered owner of unit 108 on\nUnits Plan 97/026;\n\nPart 2 Preparation and registration of instruments\nLake Bennett (Land Title) Act 2005 6\n(d) for created sections 1253 and 1255 – the registered owner of\nsection 245 in the Hundred of Howard;\n(e) for created section 1254 – the registered owner of section 106\nin the Hundred of Howard.\n(2) The certificate as to title for a lot:\n(a) must be issued subject to the same registered instruments\napplying to the lot immediately before the registration date;\nand\n(b) is taken to have been issued under:\n(i) for a lot created by the Lake Bennett plan of\nsubdivision – the Land Title Act 2000; or\n(ii) for a lot created by the Lake Bennett units plan – the\nReal Property (Unit Titles) Act 1975.\n(3) Subsection (2) has effect subject to sections 14 and 20.\n16 Restriction on ownership of created sections 1253 and 1255\n(1) The land comprising created sections 1253 and 1255 must be in\nthe same ownership.\n(2) The Minister must, under section 35 of the Land Title Act 2000,\nlodge a memorandum for each of the lots for the restriction imposed\nunder subsection (1).\n17 Units plan of subdivision for additional units\nThe Registrar-General may, under the Real Property (Units Titles)\nAct 1975, register a units plan of subdivision of the development\narea, or that area as further subdivided, without lodgment of:\n(a) the documents mentioned in section 9B(d) of that Act so far as\nit relates to a building existing before the commencement date\nfor which a building certificate within the meaning of\nsection 21B of the Unit Titles Act 1975 was not required; or\n(b) the documents mentioned in section 9B(e), (f) and (g) of that\nAct.\n\nPart 3 Planning and development provisions\nLake Bennett (Land Title) Act 2005 7\n18 Effect of caveat, court order, writ of execution and statutory\ncharge\nThe lodging (whether before or after the commencement date) of\nany of the following documents over any of the lots to which this Act\napplies does not prevent the registration of an instrument affecting\nthe lot that is prepared for this Act:\n(a) a caveat;\n(b) a request to register a court order or writ of execution;\n(c) a statutory charge.\nPart 3 Planning and development provisions\n19 Amendment of Planning Scheme\n(1) The Planning Minister must amend the Northern Territory Planning\nScheme by:\n(a) revoking the part of the development provisions of the\nNorthern Territory Planning Scheme known as the Lake\nBennett Area Plan 2000; and\n(b) making the development provisions for the Lake Bennett\nlocality in Schedule 5.\n(2) The Planning Minister must, as soon as practicable after the\ncommencement date, publish notice in the Gazette of the\namendment.\n(3) On publication of the notice, the amendment is taken to have been\nmade under the Planning Act 1999.\n20 Restrictive covenants extinguished\n(1) On amendment of the Northern Territory Planning Scheme under\nsection 19, each restrictive covenant is extinguished.\n(2) The Registrar-General must register the extinguishment of the\ncovenants.\n21 Development permit for development area\n(1) On registration of the Lake Bennett units plan, the Planning Minister\nmust issue a development permit for the development area in the\nterms stated in Schedule 6.\n\nPart 3 Planning and development provisions\nLake Bennett (Land Title) Act 2005 8\n(2) The development permit is taken to have been issued under the\nPlanning Act 1999.\n22 Approval not required for certain building work\n(1) This section applies if a building permit is required for building work\nfor the construction of a complying pontoon on created\nsection 1255.\n(2) The approval of the owner of created section 1253 is not required\nfor the issue of a building permit for the building work if the\napplicant for the permit is the owner of an adjoining lot, new unit or\nadditional unit.\n(3) In addition, the approval of the following persons under\nregulation 11(1)(b) of the Building Regulations 1993 is not required\nfor the issue of a building permit for the building work:\n(a) if the applicant for the building permit is the owner of an\nadjoining lot – the owners of the other adjoining lots and the\nowners of created section 1253, the new units and additional\nunits;\n(b) if the applicant for the building permit is the owner of created\nsection 1253 – the owners of the adjoining lots, new units and\nadditional units;\n(c) if the applicant for the building permit is the owner of a new\nunit – the owners of the other new units and the owners of the\nadjoining lots, created section 1253 and additional units;\n(d) if the applicant for the building permit is the owner of an\nadditional unit – the owners of the other additional units and\nthe owners of the adjoining lots, created section 1253 and new\nunits.\n23 Restriction on further development\n(1) A further development of created section 1254 or 1255 or the\ncommon property easement area is not permitted other than for:\n(a) a complying pontoon; or\n(b) development that is reasonably necessary for works\nassociated with providing communications, electricity, water,\nsewerage or other services.\n(2) The Planning Minister must, under section 35 of the Land Title\nAct 2000, lodge a memorandum for each of the lots for the\nrestriction imposed under subsection (1).\n\nPart 4 Miscellaneous provisions\nLake Bennett (Land Title) Act 2005 9\nPart 4 Miscellaneous provisions\n24 Decision final\nA decision of the Minister, Planning Minister or Registrar-General\nunder this Act in relation to an instrument prepared for this Act\ncannot be:\n(a) challenged, reviewed, quashed or called into question on any\ngrounds whatever before a court, tribunal, body or person in\nlegal proceedings; or\n(b) restrained, removed or otherwise affected by an injunction or a\nproceeding in the nature of prohibition or mandamus.\n25 Exemptions from fees and stamp duty\n(1) An instrument prepared for this Act is exempt from:\n(a) the payment of fees prescribed for lodgment of instruments\nwith the Registrar-General; and\n(b) stamp duty under the Stamp Duty Act 1978.\n(2) Subsection (1) does not apply in relation to the preparation or\nregistration of a units plan of subdivision for an additional unit.\n26 Delegations\n(1) The Minister may, in writing, delegate to the Chief Executive Officer\nof the Agency administering this Act the Minister's powers or\nfunctions under this Act.\n(2) The Planning Minister may, in writing, delegate to the Chief\nExecutive Officer of the Agency administering the Planning\nAct 1999 the Planning Minister's powers or functions under this Act.\n27 Licence to take or use water\n(1) On the commencement date, the licence to take or use surface\nwater under the Water Act 1992 held by the resort owner is\nsurrendered.\n(2) The Controller of Water Resources within the meaning of the Water\nAct 1992 must issue a new licence to take or use surface water to\nthe resort owner for 10 years.\n(3) The new licence must be subject to the terms and conditions\ndecided by the Planning Minister.\n\nPart 4 Miscellaneous provisions\nLake Bennett (Land Title) Act 2005 10\n(4) On its issue, the new licence is taken to have been issued under\nthe Water Act 1992.\n(5) However, the Controller of Water Resources:\n(a) must amend or modify the new licence or renewed licence in\naccordance with a direction of the Planning Minister; and\n(b) may amend or modify the new licence or renewed licence only\nwith the Planning Minister's approval.\n(6) In addition, a renewed licence must be subject to the terms and\nconditions decided by the Planning Minister.\n(7) In this section:\nrenewed licence means:\n(a) a licence issued by way of renewal or replacement of the new\nlicence; or\n(b) a licence issued by way of renewal or replacement of a licence\nmentioned in paragraph (a).\n28 Acquisition on just terms\nIf, but for this section, property is acquired under this Act by the\nTerritory other than on just terms:\n(a) the person from whom the property is acquired is entitled to\nreceive just compensation for the acquisition; and\n(b) a court of competent jurisdiction may decide the amount of the\ncompensation or make the orders necessary to ensure the\ncompensation is on just terms.\n29 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may make provision about a matter for which:\n(a) it is necessary to make provision to allow or facilitate the doing\nof anything to achieve the object of this Act; and\n\nPart 5 Transitional matters for Lake Bennett (Land Title) Act 2005\nLake Bennett (Land Title) Act 2005 11\n(b) this Act does not make provision or sufficient provision.\n(3) A regulation made under subsection (2):\n(a) may provide for an exemption from compliance with a\nprovision of another Act;\n(b) may have retrospective operation to a date not earlier than the\ncommencement date; and\n(c) applies despite this or another Act to the contrary.\n(4) The Regulations may:\n(a) make different provision in relation to:\n(i) different persons or matters; or\n(ii) different classes of persons or matters; or\n(b) apply differently by reference to stated exceptions or factors.\nPart 5 Transitional matters for Lake Bennett (Land\nTitle) Act 2005\n30 Transitional provisions for body corporate\n(1) The body corporate constituted under the Unit Titles Act 1975\nunder the name \"The Proprietors – Units Plan No. 97/026\" (the\nformer body corporate) is continued in existence by the body\ncorporate constituted under the Unit Titles Act 1975 on registration\nof the Lake Bennett units plan (the new body corporate).\n(2) Without limiting subsection (1):\n(a) the assets and liabilities of the former body corporate\nimmediately before the commencement date vest in the new\nbody corporate;\n(b) any contracts entered into by or on behalf of the former body\ncorporate and all guarantees, undertakings and securities\ngiven by or on behalf of the former body corporate, in force\nimmediately before the commencement date, are taken to\nhave been entered into or given by or to the new body\ncorporate and may be enforced against or by the new body\ncorporate;\n\nPart 5 Transitional matters for Lake Bennett (Land Title) Act 2005\nLake Bennett (Land Title) Act 2005 12\n(c) a proceeding that could have been started or continued by or\nagainst the former body corporate before the commencement\ndate may be started or continued by or against the new body\ncorporate; and\n(d) anything else done under the Unit Titles Act 1975 by the\nformer body corporate for the performance of its duties or\nfunctions, or the exercise of its powers, is taken to have been\ndone by the new body corporate.\n\nSchedule 1 Recreational easements\nLake Bennett (Land Title) Act 2005 13\nSchedule 1 Recreational easements\nsection 5, definition of recreational easement\nRegistered easement number\n366439\n283686\n281941\n373401\n279160\n373401\n372851\n372851\n284756\n286904\n307087\n283681\n281296\n285776\n269532\n361510\n284761\n373401\n369268\n\nSchedule 2 Restrictive covenants\nLake Bennett (Land Title) Act 2005 14\nSchedule 2 Restrictive covenants\nsection 5, definition of restrictive covenant\nRegistered restrictive covenant\nnumber\n283685\n281940\n279161\n422801\n423449\n412614\n284755\n286905\n307086\n283680\n281292\n284215\n269531\n361509\n257750\n423451\n\nSchedule 3 Conditions of easements – part created section 1252 (common property)\nLake Bennett (Land Title) Act 2005 15\nSchedule 3 Conditions of easements – part created\nsection 1252 (common property)\nsection 11(2)\n1. Each owner of the parcels of land receiving the benefit of the easement\n(the Owners) and all persons from time to time authorised by any of\nthe Owners have the right to enter on and use the land shaded in the\nattached plan (the Common Property) for recreational purposes\nPROVIDED THAT the Common Property may be used only for such\nrecreational purposes as are consistent with the quiet enjoyment of the\nCommon Property by the owner of the Common Property and all other\npersons having the same right reserving nevertheless to the owner of\nthe Common Property its employees agents and all persons from time\nto time authorised by it in common with the Owners and all persons\nfrom time to time authorised by the Owners and all persons having the\nlike right free and uninterrupted passage across and use of the\nCommon Property EXCEPT THAT this easement does not apply to\nthose parts of the Common Property that at any time contain\nreasonably necessary service infrastructure (such as electricity,\ntelephone, water, sewerage and similar) and the area reasonably\nnecessary to install and maintain such service infrastructure.\n2. Each of the Owners for the Owner and the Owner's successors in title\ncovenants with the owner of the Common Property and its successors\nin title that the Owner and the Owner's successors in title will not do or\nsuffer anything to be done on the Common Property if the Common\nProperty or service infrastructure may be damaged or polluted or the\nuse of the Common Property either by the Owner of the Common\nProperty its employees agents and all persons from time to time\nauthorised by it or by any other person with a like right to use the\nCommon Property may be prejudicially interfered with.\n\nSchedule 3 Conditions of easements – part created section 1252 (common property)\nLake Bennett (Land Title) Act 2005 16\nPLAN\nclause 1\n\nSchedule 4 Conditions of easements – created sections 1254 and 1255 (lake and\nforeshore)\nLake Bennett (Land Title) Act 2005 17\nSchedule 4 Conditions of easements – created\nsections 1254 and 1255 (lake and foreshore)\nsection 11(3)\n1. Each owner of the parcels of land receiving the benefit of the easement\n(the Owners) and all persons from time to time authorised by any of\nthe Owners have the right to enter on and use the land burdened by\nthe easement (the lake and foreshore) for recreational purposes that\ndo not interfere with the quiet enjoyment of the lake and foreshore by\nothers PROVIDED THAT the lake and foreshore must not be used for\nrecreational purposes that are inconsistent with the terms of the\nLicence to take or use surface water issued under the Water Act 1992\nreserving nevertheless to the owner of the lake and foreshore its\nemployees agents and all persons from time to time authorised by it in\ncommon with the Owners and all persons from time to time to\nauthorised by the Owners and all other persons having the like right\nfree and uninterrupted passage across the use of the lake and\nforeshore.\n2. Each of the Owners have the right to leave a boat on the lake for use\nby the Owner and persons authorised by the Owner.\n3. Each of the Owners (for so long as the Owner's land adjoins Chinner\nRoad or section 1255) have the right to leave a pontoon (including a\nramp), on the lake for use by the Owner and persons authorised by the\nOwner, in accordance with the Northern Territory Planning Scheme as\nit applies to the Lake Bennett locality, subject to the prior written\napproval of the owner of the lake and foreshore (which must not be\nunreasonably withheld) as to the specifications, construction, mooring\nand location of the pontoon. The owner of the pontoon must maintain\nthe area within 3 m from any point of the pontoon (including the ramp)\nclear of vegetation at all times and must obtain and maintain public\nliability insurance with respect to any damage associated with the\npontoon.\n4. Each of the Owners for the Owner and the Owner's successors in title\ncovenants with the owner of the lake and foreshore and its successors\nin title that the Owner and the Owner's successors in title will not do or\nsuffer anything to be done on the lake and foreshore if the lake and its\nretaining wall may be damaged or polluted or the use of the lake and\nforeshore either by the owner of the lake and foreshore its employees\nagents and all persons from time to time authorised by it or by any\nother persons with a like right to use the lake and foreshore may be\nprejudicially interfered with.\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 18\nSchedule 5 Development for Lake Bennett locality\nsection 19\nPart 1 Preliminary\n1 Contents of instrument\nThis instrument contains the development provisions that comprise\nthe Planning Scheme as it applies to the Lake Bennett locality.\n2 Definitions\nIn this instrument, unless the contrary intention appears:\nbusiness sign means a device using words, letters or images\nexhibited for the purpose of advertising, announcement or display\nrestricted to the name of the business carried on and the nature of\nthe services or goods available, on the land on which the sign is\nerected, and includes, if a number of persons are carrying on\ndifferent businesses on that land, a sign identifying the place.\ncaravan includes:\n(a) a vehicle, registered or eligible for registration, within the\nmeaning of the Motor Vehicles Act 1949 that is designed or\nadapted for human habitation; and\n(b) a tent.\ncaravan park means land used for the parking of caravans or the\nerection or placement and use of tents or cabins for the purpose of\nproviding accommodation.\ncar parking means the parking of motor vehicles other than as an\nancillary use of land.\ncar parking area means an area set aside or designated for the\nparking of 3 or more motor vehicles.\ncar parking space means a space designated for the parking of\none motor vehicle.\nclearing of native vegetation means the removal or destruction,\nby any means, of native vegetation, other than:\n(a) lopping a tree;\n(b) harvesting native vegetation planted for that purpose;\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 19\n(c) removal or destruction that occurs incidentally through the\ngrazing of livestock; or\n(d) clearing firebreaks, fence lines and roads.\nconsent means the consent of the consent authority.\ndemountable structure means a building, including a transport\ncontainer, that is wholly or substantially prefabricated and that is\ndesigned to be transported from site to site, but does not include a\ncaravan or transportable module used in conjunction with an\neducation establishment or as a construction site office.\ndependant unit means a dwelling ancillary to and constructed on\nthe same site as a single dwelling for the purpose of providing\naccommodation for a dependant of a resident of the single dwelling.\ndomestic livestock means any of the following:\n(a) a horse or other equine animal;\n(b) an ox, buffalo or other bovine animal;\n(c) a camel.\ndwelling means a building, or part of a building, designed,\nconstructed or adapted as a self-contained residence.\nfloor area, in relation to a building, includes all wall thicknesses of\nthe external walls and all roof areas used as floors, but does not\ninclude verandahs, balconies or areas set aside for car parking or\naccess to car parking.\nhome occupation means an occupation or profession that is\ncarried on in a dwelling or on the site of a dwelling, but does not\ninclude the use of a site as a medical consulting room.\nhostel includes boarding houses, guest houses, lodging houses\nand other premises used to provide board or lodging with\ncommunal toilet, ablution, dining or cooking facilities, but does not\ninclude bed and breakfast accommodation, hotel or motel.\nhotel means premises that require a licence and public bar\nauthority under the Liquor Act 2019 and if, as a principal part of the\nbusiness, alcoholic beverages are ordinarily sold to the public for\nconsumption on the premises whether or not accommodation is\nprovided for members of the public and whether or not meals are\nserved, but does not include a motel or restaurant.\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 20\nLake Bennett locality means the area of land to which this\ninstrument applies under clause 3.\nmedical consulting room means a room or suite of rooms on the\nsite of a single dwelling for use as a medical practitioner, dentist or\nperson associated with health care.\nmotel means premises wholly or principally used for the\naccommodation of travellers and the vehicles used by them,\nwhether or not the building is also used to provide meals to the\ntravellers or to members of the general public and whether or not\nthe premises are licensed under the Liquor Act 2019.\nmultiple dwellings means a building or group of buildings on a site\nthat individually or collectively contain more than one dwelling but\ndoes not include a dependant unit.\nnet floor area, in relation to a building, includes all the area\nbetween internal surfaces of external walls but does not include:\n(a) stairs, cleaners' cupboards, ablution facilities, lift shafts,\nescalators or tea rooms if tea rooms are provided as a\nstandard facility in the building;\n(b) lobbies between lifts facing other lifts servicing the same floor;\n(c) areas set aside as public space or thoroughfares and not used\nexclusively by the occupiers of the building;\n(d) areas set aside as plant;\n(e) areas set aside for use of service or delivery vehicles; or\n(f) areas set aside for car parking or access.\nplace of worship means premises used as a church, chapel,\nmosque, temple, synagogue or place of religious instruction or\nworship or for the purpose of religious training.\npromotion sign means a device using words, letters or images\nexhibited for the purpose of advertising, announcement or display\nthat contains information relating to:\n(a) goods, services or products not provided, produced or sold; or\n(b) events or activities that are not carried on,\non the land or in the building on which the sign is constructed or\nerected.\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 21\nrestaurant means premises or part of a hotel or motel in which\nmeals are served to the public, whether or not the premises provide\na drive-through service or require a licence under the Liquor\nAct 2019.\nshop means premises used for the display and sale by retail, or for\nhire, of goods or services, but does not include a restaurant.\nsingle dwelling means a building containing one dwelling only.\nsite means an area of land, whether consisting of one lot or more,\nthe subject of an application to the consent authority.\nstorey means that part of a building:\n(a) between floor levels; or\n(b) if there is no floor above – between the floor level and ceiling.\n3 Land to which instrument applies\nThe development provisions contained in this instrument apply to\nthe area of land shown bounded by a black line on the map\nattached to this instrument.\n4 Exceptions\n(1) Unless specified, this instrument does not prevent any of the\nfollowing:\n(a) the use or development of any land:\n(i) as a road; or\n(ii) for sport and recreation;\n(b) the construction, alteration, repair or maintenance of any of\nthe following:\n(i) facilities for the reticulation of water, sewage, gas,\nelectricity or the transmission of telecommunications\nservices other than, subject to clause 23, towers, aerials\nor masts for mobile telephone communications;\n(ii) stormwater drains;\n(iii) roads;\n(c) the strengthening or restoration to a safe condition of a\nbuilding or works;\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 22\n(d) the erection or display of a sign that is:\n(i) a traffic control or driver advisory guide, service or\nsimilar device;\n(ii) displayed by a government agency or local government\ncouncil under a statutory obligation;\n(iii) on enclosed land or within a building and not readily\nvisible from land outside the enclosure or building;\n(iv) of a temporary nature used to advertise property that is\navailable for rent, lease, sale, auction or inspection;\n(v) displayed on or inside a vehicle, other than a vehicle that\nis adapted and exhibited primarily as an advertising sign;\n(vi) an interpretive sign used for describing sites or items of\nhistorical or educational significance; or\n(vii) a public safety advisory sign displayed by a government\nagency or local government council;\n(e) the use of land under an extractive mineral permit, or a\nmineral authority that corresponds to an extractive mineral\npermit, granted under the Mineral Titles Act 2010.\n(2) In subclause (1):\nsport and recreation does not include a use that involves\ncommercial transactions, motor sports or activities that, because of\nthe generation of noise or disturbance, will detrimentally affect the\namenity of adjoining land.\n5 Permitted, discretionary and prohibited development\n(1) A use or development of land is permitted without consent if\nexpressly specified in a provision of this instrument and if it\ncomplies with the provisions of any relevant clause.\n(2) A use or development of land that does not comply with the\nprovisions of one or more of the relevant clauses requires consent.\n(3) Except in relation to an ancillary use or development of land, in\nconsidering whether to grant consent to a proposed development,\nthe consent authority must consider the proposed use or\ndevelopment in its entirety.\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 23\n(4) The performance criteria in Part 3 are the minimum standard of\ndevelopment but the consent authority may:\n(a) if it can be shown that there are special circumstances,\nconsent to a use or development at variance with those\nstandards; or\n(b) in consenting to a use or development, if in the opinion of the\nconsent authority it is necessary to do so, require a higher\nstandard than specified by the performance criteria in Part 3.\n(5) If a proposed use or development of land is not described in the\nspecific land use controls in Part 2, the use or development is\nprohibited.\n6 Ancillary development\n(1) If a use or development of land is permitted without consent, an\nancillary use or development that would require consent if proposed\nas the primary use or development, is also permitted without\nconsent provided it complies with the provisions of any relevant\nclauses.\n(2) If an ancillary use or development of land would be prohibited if\nproposed as the primary use or development, the ancillary use or\ndevelopment is permitted only with consent.\n7 Planning principles and framework\nA use or development or proposed use or development of land in\nthe Lake Bennett locality should:\n(a) contribute to a built, rural and natural environment supporting\nthe diverse lifestyle and the social, cultural and economic\ndevelopment of the Territory promoting:\n(i) housing choice;\n(ii) public infrastructure; and\n(iii) recreational and cultural opportunities;\n(b) contribute to the sustainable use and development of land and\nwater resources so that the use and development of land is\nconsistent with the principles of sustainable development and\navoids or minimises the degradation of the environment or the\npollution or over commitment of water resources;\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 24\n(c) promote rural building design which is climatically appropriate,\nenergy efficient and contributes to the existing and future\ncharacter and appearance of an area;\n(d) ensure development does not unreasonably intrude on or\ncompromise the privacy of adjoining residential uses and\nensures its own amenity is not prejudiced in the future;\n(e) assist in the conservation of areas and sites of environmental,\ncultural or heritage value as identified by the Territory;\n(f) facilitate the further development of the tourist industry\ncapitalising on the Territory's aesthetic, natural and cultural\nheritage;\n(g) consider flood levels to minimise risk to life and property; and\n(h) value unimproved land for its inherent ecosystem functions in\nprotecting native flora, fauna, soil and water resources.\nPart 2 Specific land use controls\n8 Sections 90 to 97, 99 to 110 and 1252 to 1255\n(1) The purpose of this Part is to ensure development around Lake\nBennett does not have a detrimental impact on the lake and that the\nrural character and amenity of the area is maintained.\n(2) The use or development of sections 90 to 97(inclusive), 99 to 110\n(inclusive) and 1252 to 1255 (inclusive) must be in accordance with\nthe requirements of clauses 9 to 14 (inclusive).\n(3) The performance criteria in Part 3 apply to development except for\na conflict with a clause in this Part.\n(4) In considering a proposed use or development the consent\nauthority must consider:\n(a) any potential detrimental impact on the lake;\n(b) the extent to which the proposed use or development is\nappropriate to the land, taking into account the physical\ncharacteristics of the land including the visual impact of the\nproposal and the potential environmental impact of the\nproposal on the lake and water; and\n(c) whether services and infrastructure (including but not limited\nto water, sewerage, gas, electricity and roads) will be\nadequate to support the proposed use or development.\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 25\n9 Sections 90 to 92\n(1) Without consent, sections 90, 91 and 92 may be developed with a\nsingle dwelling on each section.\n(2) With consent, sections 90, 91 and 92 may be developed for any\nother purpose that is in keeping with the rural character of the Lake\nBennett locality.\n(3) A use or development for a purpose specified in subclause (1)\nor (2) is subject to the following conditions:\n(a) all waste water and septic facilities must be sited at least\n100 m from the full supply level of the lake, or outside its\ncatchment, and designed so that no effluent flows into the\nlake;\n(b) domestic livestock must not be kept, exercised or trained on\nthe land within 100 m of the full supply level of the lake;\n(c) the keeping, exercising or training of domestic livestock on the\nland must not:\n(i) unreasonably contribute to the erosion or pollution of the\nland, adjoining land or the lake; or\n(ii) cause detriment to the amenity of the Lake Bennett\nlocality because of excessive noise, offensive odours,\nexcessive dust or the attraction of flies or vermin.\n10 Sections 92 to 97, 99 to 110, 1252 to 1255\n(1) The purpose of this clause is to allow each of the owners of the\nparcels of land receiving the benefit of a recreational easement\nover section 1255 to have a pontoon on the lake.\n(2) Without consent, the owner of each of the following lots may,\nsubject to the terms of the recreational easement, construct one\npontoon on or partly on section 1255:\n(a) sections 92 to 97 (inclusive);\n(b) sections 99 to 110 (inclusive);\n(c) an existing or proposed unit on section 1252;\n(d) sections 1253 and 1254.\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 26\n(3) In this clause:\nrecreational easement means an easement in the terms stated in\nSchedule 4 to the Lake Bennett (Land Title) Act 2005.\n11 Sections 93 to 97 and 99 to 110\n(1) Without consent, sections 93 to 97 (inclusive) and 99 to 110\n(inclusive) may be developed with a single dwelling on each\nsection.\n(2) With consent, sections 93 to 97 (inclusive) and 99 to 110 (inclusive)\nmay be developed for the following purposes:\n(a) business sign;\n(b) dependant unit;\n(c) home occupation;\n(d) medical consulting room.\n(3) A use or development for a purpose specified in subclause (1)\nor (2) is subject to the following conditions:\n(a) all waste water and septic facilities must be sited at least\n100 m from the full supply level of the lake, or outside its\ncatchment, and designed so that no effluent flows into the\nlake;\n(b) domestic livestock must not be kept, exercised or trained on\nthe land within 100 m of the full supply level of the lake;\n(c) the keeping, exercising or training of domestic livestock on the\nland must not:\n(i) unreasonably contribute to the erosion or pollution of the\nland, adjoining land or the lake; or\n(ii) cause detriment to the amenity of the Lake Bennett\nlocality because of excessive noise, offensive odours,\nexcessive dust or the attraction of flies or vermin.\n12 Section 1252\n(1) With consent, section 1252 may be used only for a condominium\ndevelopment for no more than 64 dwellings.\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 27\n(2) A use or development for a purpose specified in subclause (1) is\nsubject to the following conditions:\n(a) all development must be single storey;\n(b) all waste water and septic facilities must be sited at least\n100 m from the full supply level of the lake, or outside its\ncatchment, and designed so that no effluent flows into the\nlake;\n(c) domestic livestock must not be kept, exercised or trained on\nthe land.\n13 Section 1253\n(1) With consent, section 1253 may be developed for the following\npurposes:\n(a) business sign;\n(b) caravan park;\n(c) hostel;\n(d) hotel;\n(e) motel;\n(f) multiple dwellings;\n(g) promotion sign;\n(h) restaurant;\n(i) shop.\n(2) A use or development for a purpose specified in subclause (1) is\nsubject to the following conditions:\n(a) all waste water and septic facilities must be sited at least\n100 m from the full supply level of the lake, or outside its\ncatchment, and designed so that no effluent flows into the\nlake;\n(b) domestic livestock must not be kept, exercised or trained on\nthe land within 100 m of the full supply level of the lake;\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 28\n(c) the keeping, exercising or training of domestic livestock on the\nland must not:\n(i) unreasonably contribute to the erosion or pollution of the\nland, adjoining land or the lake; or\n(ii) cause detriment to the amenity of the Lake Bennett\nlocality because of excessive noise, offensive odours,\nexcessive dust or the attraction of flies or vermin.\n14 Sections 1254 and 1255\n(1) Sections 1254 and 1255 may be used only for recreational\npurposes but not for any activity that because of the generation of\nnoise or disturbance will detrimentally affect the amenity of\nadjoining land.\n(2) A further development (including using a caravan or camping) is not\npermitted on section 1254 or 1255 other than a development\nmentioned in section 23(1) of the Lake Bennett (Land Title)\nAct 2005.\n(3) A houseboat is not permitted on the lake.\n(4) Domestic livestock must not be kept, exercised or trained on\nsection 1254 or 1255.\nPart 3 Performance criteria\n15 Subdivision lot sizes\n(1) The purpose of this clause is to ensure lots will be of a size that will\npreserve the rural character of the Lake Bennett locality.\n(2) Subdivision design must provide for lots 8 ha or larger with a\nminimum of one hectare of unconstrained land.\n16 Height control\n(1) The purpose of this clause is to ensure the height of buildings is\nconsistent with development provided for in the Lake Bennett\nlocality.\n(2) The height of any point of a building (including a tiered or split level\nbuilding) must be measured from ground level vertically below that\npoint.\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 29\n(3) A building, other than a flag pole, lightning rod, aerial or antenna,\nmust not exceed a height of:\n(a) for sections 90 to 97 (inclusive) and 99 to 110 (inclusive) and\nsection 1253 – 8.5 m; or\n(b) for section 1252 – 5 m.\n17 Car parking requirements\n(1) The purpose of this clause is to ensure sufficient off-street car\nparking, constructed to a standard and conveniently located, is\nprovided to service the proposed use of a site.\nNote to subsection (1):\nFor many uses, the Building Code of Australia requires the provision of parking\nfor people with disabilities.\n(2) Subject to clause 18, if a use or development specified in Column 1\nof the table to this clause is proposed, the number of car parking\nspaces (rounded up to the next whole number) required for that use\nor development must be calculated in accordance with the formula\nspecified opposite in Column 2.\n(3) If a use or development is proposed that is not listed in the table but\nrequires consent, the consent authority must determine the number\nof car parking spaces required for that use or development.\nTABLE\nColumn 1 Column 2\nUse or development Minimum number of car parking spaces\nrequired\nCaravan park 1.1 for each caravan, cabin mobile home or\ntent site.\nHostel 1 plus:\n(a) 1 for each 5, or part of 5, guests; and\n(b) 1 for each staff member.\nHotel (a) 16 for each 100 m 2, or part of 100 m 2,\nof net floor area used as a lounge bar\nor beer garden;\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 30\n(b) 50 for each 100 m 2, or part of 100 m 2,\nnet floor area used as another bar;\n(c) 10 for a drive-in bottle shop for\nserving cars;\n(d) 1 for each guest suite or bedroom;\nand\n(e) 3 for each 100 m 2, or part of 100 m 2,\nused for dining.\nMedical consulting rooms 1 (in addition to the 2 spaces required for the\ndwelling in which the rooms are located) plus\n3 for each consulting room.\nMotel (a) 1 for each guest suite or bedroom;\n(b) 16 for each 100 m 2, or part of 100 m 2,\nof net floor area used as a lounge bar\nor beer garden; and\n(c) 3 for each 100 m 2, or part of 100 m 2,\nused for dining.\nMultiple dwellings (a) 2 for each dwelling; and\n(b) 1 for each 5, or part of 5, dwellings.\nRestaurant (a) 6 for each 100 m 2, or part of 100 m 2,\nof net floor area (including alfresco\ndining areas); and\n(b) 10 for each drive-through for serving\ncars.\nShop 6 for each 100 m 2, or part of 100 m 2, of net\nfloor area.\nSingle dwelling 2\n18 Car parking area layout\n(1) The purpose of this clause is to ensure a car parking area is\nappropriately designed, constructed and maintained to service the\nproposed use of a site.\n(2) A car parking area must be established, used and maintained for\nthe purpose of parking vehicles only.\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 31\n(3) A car parking area must:\n(a) be of a suitable gradient for safe and convenient parking;\n(b) be dust-suppressed or sealed and well drained;\n(c) be of functional design and provide separate access to every\ncar parking space;\n(d) limit the number of access points to the road;\n(e) allow a vehicle to enter from and exit to a road in a forward\ngear;\n(f) maximise the sight lines for drivers entering or exiting the car\nparking area;\n(g) be not less than 3 m from a road, and the area between the\ncar parking area and the road must be landscaped with\nsuitable planting; and\n(h) have driveways with a minimum width of 6 m for two-way\ntraffic flow or 3.5 m for one-way traffic flow.\n19 Signs\n(1) The purpose of this clause is to ensure business signs and\npromotion signs are of a size and location that minimises detriment\nto the amenity of the area.\n(2) A business sign or promotion sign on a site must not:\n(a) exceed 3 m 2 in area; or\n(b) the height of a building on the site.\n20 Demountable structures\n(1) The purpose of this clause is to ensure demountable structures do\nnot detract from the visual amenity of an area.\n(2) Placement of a demountable structure on land requires consent.\n21 Set back of buildings\n(1) The purpose of this clause is to ensure buildings, including sheds,\non certain land are sited so they do not detract from the streetscape\nor amenity of adjoining land.\n(2) A building on land, other than on section 1252, must be set back at\nleast 10 m from all boundaries.\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 32\n22 Pontoons\n(1) The purpose of this clause is to ensure pontoons are appropriately\ndesigned and constructed.\n(2) A pontoon must:\n(a) not be larger than 4 m by 8 m with a ramp not exceeding\n20 m; and\n(b) be moored by way of a ramp that is permanently and securely\nfixed to land or a dwelling above the high water mark.\n(3) The highest point of the pontoon must be no more than 600 mm\nabove the water.\n23 Mobile telephone telecommunications towers and\ninfrastructure\n(1) The purpose of this clause is to ensure the erection of mobile\ntelecommunication towers and infrastructure does not unreasonably\ndetract from the amenity of the Lake Bennett locality.\n(2) Despite anything to the contrary in this instrument, towers, aerials\nor masts for mobile telephone telecommunications may be\ndeveloped only with consent.\n24 Caravans\n(1) The purpose of this clause is to restrict the use of caravans on\ncertain land.\n(2) Land, other than sections 1253, 1254 and 1255, may be used to\nprovide accommodation in a caravan only if that caravan is the only\ncaravan used as a residence on the site and is used:\n(a) as a temporary residence by the owner of the site;\n(b) by a dependant of a person occupying a single dwelling on the\nsite;\n(c) temporarily by a bona fide visitor; or\n(d) by a bona fide caretaker of the land.\n25 Dependant units\n(1) The purpose of this clause is to ensure a dependant unit is ancillary\nto the single dwelling on a site.\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 33\n(2) A building or part of a building may be used, constructed or\nmodified for use as a dependant unit if:\n(a) the floor area of the dependant unit does not or will not exceed\n50 m 2;\n(b) it shares public utility services and an effluent disposal system\nwith the single dwelling; and\n(c) there is or will be only one dependant unit on the site.\n26 Home occupation\n(1) The purpose of this clause is to ensure home occupations are\nestablished and operated in a manner that does not detract from\nthe amenity of the Lake Bennett locality.\n(2) A dwelling may be used for home occupation only if:\n(a) the occupation or profession is carried out only by persons\nresiding in the dwelling;\n(b) the total of the floor area of the dwelling plus the other areas\nof the site that are used for the home occupation (including\nareas used temporarily) does not exceed 30 m 2;\n(c) no greater demand or load is imposed on the services\nprovided by a service authority than that ordinarily required in\nthe Lake Bennett locality;\n(d) no sign is displayed, other than a business sign, that is not\nmore than 0.5 m 2;\n(e) no goods or equipment are visible from outside the site; and\n(f) not more than one vehicle kept on the site is used for the\npurposes of the home occupation.\n(3) In this clause:\nhome occupation includes the care of up to 5 children in a\ndwelling including children who reside in the dwelling.\n27 Medical consulting rooms\n(1) The purpose of this clause is to ensure medical consulting rooms\nare established and operated in a manner that does not detract\nfrom the amenity of the Lake Bennett locality.\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 34\n(2) A medical consulting room may be established and operated only if:\n(a) the service is carried out only by persons residing in the\ndwelling and not more than one person who does not reside in\nthe dwelling;\n(b) the total area used for the medical consulting room (including\nareas used temporarily) does not exceed 30 m 2;\n(c) no greater demand or load is imposed on the services\nprovided by a service authority than that ordinarily required in\nthe Lake Bennett locality; and\n(d) no sign is displayed other than a business sign that is not\nmore than 0.5 m 2.\n28 Clearing of native vegetation\n(1) The purpose of this clause is to ensure clearing of native vegetation\ndoes not unreasonably contribute to environmental degradation of\nthe Lake Bennett locality.\n(2) This clause does not apply to the clearing of native vegetation\nrequired or controlled under an Act of the Commonwealth or the\nTerritory.\n(3) The clearing of native vegetation must:\n(a) avoid impacts on environmentally significant or sensitive\nvegetation;\n(b) be based on land capability and suitability for the intended\nuse;\n(c) avoid impacts on waterways;\n(d) avoid habitat fragmentation and impacts on native wildlife\ncorridors; and\n(e) avoid impacts on soils highly prone to erosion.\n(4) The clearing of native vegetation requires consent if more than\none hectare in total is to be cleared, including a previously cleared\narea.\n(5) An application for the clearing of native vegetation must\ndemonstrate consideration of the following:\n(a) the presence of sensitive or significant vegetation\ncommunities including rainforest, vine thicket and close forest;\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 35\n(b) the presence of an area of essential habitat within the\nmeaning of the Territory Parks and Wildlife Conservation\nAct 1996;\n(c) the impact of the clearing on regional biodiversity;\n(d) whether the clearing is necessary for the intended use;\n(e) whether there is sufficient water for the intended use;\n(f) whether the soils are suitable for the intended use;\n(g) whether the slope is suitable for the intended use;\n(h) the presence of permanent and seasonal water features,\nincluding billabongs and swamps;\n(i) the retention of native vegetation adjacent to waterways;\n(j) the retention of native vegetation buffers along boundaries;\n(k) the retention of native vegetation corridors between remnant\nnative vegetation;\n(l) the presence of a heritage object, heritage place,\narchaeological object or archaeological site within the\nmeaning of the Heritage Conservation Act 1991.\n(6) In assessing an application for the clearing of native vegetation, the\nmatters mentioned in subclause (5) must be taken into account.\n\nSchedule 5 Development for Lake Bennett locality\nLake Bennett (Land Title) Act 2005 36\nLAKE BENNETT LOCALITY\nclause 3\n\nSchedule 6 Development permit for development area\nLake Bennett (Land Title) Act 2005 37\nSchedule 6 Development permit for development area\nsection 21\nNORTHERN TERRITORY OF AUSTRALIA\nLake Bennett (Land Title) Act 2005\nDEVELOPMENT PERMIT\nDP04/0022\nDESCRIPTION OF LAND THE SUBJECT OF THE PERMIT\nLot No: section 1252\nTown/Hundred: Hundred of Howard\nStreet Address: Chinner Road\nConsent is granted, pursuant to the Lake Bennett (Land Title) Act 2005, for\nthe purpose of 64 dwellings representing up to 15 new dwellings in addition to\nthe existing 49 dwellings, subject to the conditions in the Schedule, and for the\nreasons set out in the attached Statement of Reasons.\nMinister for Lands and Planning\nDate:\n\nSchedule 6 Development permit for development area\nLake Bennett (Land Title) Act 2005 38\nSCHEDULE OF CONDITIONS\nLake Bennett (Land Title) Act 2005\nDEVELOPMENT PERMIT\nDP04/0022\n1. All development on section 1252 is limited to a single storey.\n2. Up to 15 new dwellings may be constructed on the eastern side of the\nlake on the areas identified by thick black lines on Drawing No.\n04/5818/4 \"Development Area Lake Bennett\".\n3. All new dwellings must provide a separation of at least 3 m between\ndwellings (proposed and existing) and a 5 m setback from the access\ndriveway.\n4. All new dwellings must be similar in style, height and building materials\nto the existing dwellings on units 17 to 54 (inclusive).\n5. The floor level of any new dwelling must be a minimum of 200 mm\nabove the one in one hundred year flood level.\n6. All air conditioning condensers are to be appropriately screened from\npublic view and located so as to minimise thermal and acoustic impacts\non neighbouring properties to the satisfaction of the Minister for Lands\nand Planning.\n7. The dwellings hereby permitted must be connected to the effluent\ndisposal system that services the existing unit development to the\nsatisfaction of the Department of Health and Community Services.\n8. The dwellings hereby permitted must be connected to a reticulated\npotable water supply to the satisfaction of the Department of Health\nand Community Services.\n9. Any developments on or adjacent to any easements on site must be\ncarried out to the requirements and satisfaction of the relevant service\nauthority.\nNote:\nSection 21 of the Lake Bennett (Land Title) Act 2005 states that a\ndevelopment permit issued under that Act is taken to have been issued under\nthe Planning Act 1999.\nThe Planning Act 1999 provides for a Base Period of Permit under section 3\nsubject to the provisions of sections 58 and 59. This permit will lapse 2 years\nfrom the date of issue.\nMinister for Lands and Planning\nDate:\n\nSchedule 6 Development permit for development area\nLake Bennett (Land Title) Act 2005 39\nSTATEMENT OF REASONS FOR DETERMINATION\nLake Bennett (Land Title) Act 2005\nDEVELOPMENT PERMIT\nDP04/0022\nReason\nThe permit allows for the development of up to 15 new dwellings on the\neastern side of Lake Bennett in accordance with the terms of compromise\nsubmitted by the Territory to the registered proprietors of the lots.\nVariations given\nNot applicable\nMinister for Lands and Planning\nDate:\n\nENDNOTES\nLake Bennett (Land Title) Act 2005 40\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLake Bennett (Land Title) Act 2005 (Act No. 2, 2005)\nAssent date 18 February 2005\nCommenced 9 March 2005 (Gaz G10, 9 March 2005, p 2)\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nLiquor Act 2019 (Act No. 29, 2019)\nAssent date 3 September 2019\nCommenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)s\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 5, 6, 12, 13, 15 , 16, 17,\n19, 21, 22, 23, 25, 26, 27, 30 and sch 4, 5 and 6.\n4 LIST OF AMENDMENTS\nsch 5 amd No. 37, 2010, s 13; No. 19, 2014, s 26; No. 29, 2019, s 377","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's substantive development and planning provisions have been amended since enactment. Endnotes record amendments to Schedule 5 and other formal changes (Mineral Titles (Consequential Amendments) Act 2010; Local Government Amendment Act 2014; Liquor Act 2019 and formal amendments noted in 2018), indicating adjustments to the permitted development controls and technical wording of the instrument (see Endnotes: 'List of Amendments' and 'General amendments')."},"complexity_factors":["Cross‑legislation dependencies and defined terms: the Act operates with the Land Title Act 2000, Planning Act 1999 and Unit Titles legislation (s6) which requires reading across several statutes.","Centralised ministerial power to prepare and execute all instruments: Minister must prepare instruments and may sign in place of other required signatories (ss 7–8), concentrating operational discretion.","Mandatory registration and override of existing interests: Registrar‑General is required to cancel prior plans, issue new titles and register instruments even without lodged certificates or consent and despite caveats, writs or statutory charges (s13(2),(3); s18).","Extinguishment of prior rights on lodgment/amendment: recreational easements and restrictive covenants are extinguished on lodgment or amendment of planning provisions (ss 13(2)(e), 14, 20) which alters existing private rights.","Finality clause limiting judicial review: decisions under the Act by Minister, Planning Minister or Registrar‑General are declared final and not subject to court challenge (s24), reducing normal dispute pathways.","Detailed planning and development regime embedded in schedules: Schedule 5 (development provisions) and Schedule 6 (development permit conditions) set technical standards, unit entitlements and performance criteria (s10(3), s19, Schs 5–6), increasing compliance complexity.","Water licence reallocation under ministerial control: the existing surface water licence is surrendered and a new 10‑year licence issued to the resort owner subject to Planning Minister's terms and directions; licence amendments require Planning Minister approval (s27(1)–(6)).","Delegation and regulation‑making with wide and retrospective scope: Ministerial delegations (s26) and regulation powers that may operate retrospectively and override other Acts (s29(2)–(3)) add administrative flexibility and legal uncertainty.","Transitional transfer of corporate assets, liabilities and proceedings: the former body corporate's assets, liabilities, contracts and legal proceedings vest in the new body corporate (s30), affecting contractual and litigation continuity."],"plain_english_summary":"This Act requires the Territory to prepare and register a new subdivision plan, a units plan, easements and related instruments for land at Lake Bennett, cancel certain existing titles and easements, and issue new certificates of title and a development permit for additional dwellings (ss 3–15, 21). It affects registered proprietors, the Minister, the Registrar‑General, the Planning Minister and the resort owner by reallocating property rights, imposing development rules and reissuing a water licence (s27)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: implementing the specific compromise for Lake Bennett land titles. While it includes detailed planning controls (Schedule 5) and water licensing provisions, these are ancillary mechanisms necessary to give effect to the land title settlement rather than scope creep. The Act has not expanded beyond the Lake Bennett locality or been repurposed for broader application."},"complexity_factors":["Multiple overlapping legislative schemes: integrates Land Title Act 2000, Real Property (Unit Titles) Act 1975, Unit Titles Act 1975, Planning Act 1999, Water Act 1992, and Building Act 1993","19 defined terms in section 5 plus inherited definitions from four other Acts via section 6","Extensive schedules (6 schedules) containing detailed technical conditions, including 18 extinguished easements listed by registration number and 16 extinguished covenants","Nested conditional logic in planning controls: 'permitted without consent', 'with consent', and 'prohibited' tiers with multiple exceptions (clauses 5-6, Schedule 5)","Complex transitional arrangements: body corporate continuation with asset/liability transfer (section 30)","Specific spatial restrictions: multiple sections (1252, 1253, 1254, 1255) treated differently with varying height limits, setback requirements, and use restrictions","Water licensing provisions with ministerial override powers (section 27 allows Planning Minister to direct amendments to water licences)","Ouster clause (section 24) removing all judicial review—rare and significant legal mechanism","Self-executing registration mechanics: instruments register automatically despite caveats, missing certificates, or lack of consent (section 13(3))"],"plain_english_summary":"**What this law does:**\n\nThis Act untangles a messy land ownership situation at Lake Bennett, about 80km south of Darwin. It implements a legal settlement (a \"compromise\") between the Northern Territory Government and property owners around the lake.\n\n**The problem it solves:**\n\nLake Bennett had complicated overlapping property rights. There were old recreational easements (legal rights allowing people to use land they don't own for leisure), restrictive covenants (rules limiting what owners could do with their land), and a failed resort development with unit titles (apartment-style ownership). The Act clears this up by:\n\n- **Creating new land titles**: It subdivides the land into new sections (1252-1255) and creates a new units plan for the resort area\n- **Swapping old rights for new ones**: It extinguishes 18 old recreational easements and replaces them with three new, clearer easements with specific rules about who can use the lake and foreshore for recreation\n- **Cancelling restrictive covenants**: It wipes out 16 old restrictive covenants that were limiting development\n- **Protecting the lake**: It imposes strict planning controls—no effluent within 100m of the lake, no livestock near the water, limits on building heights, and restrictions on what can be built on the lake itself\n\n**Who it affects:**\n\n- **Existing unit owners** at the Lake Bennett resort (their old titles get converted to new ones automatically)\n- **Neighbouring landholders** (sections 90-110) who get recreational access rights to the lake\n- **The resort owner** (gets new water licences and can develop section 1253 for tourism)\n- **The Territory Government** (can approve up to 15 additional dwellings in the development area)\n\n**Why it matters:**\n\nWithout this Act, the legal mess would have stayed messy. The Act lets people build pontoons on the lake, ensures everyone has fair recreational access, protects the water quality, and allows some controlled expansion of the resort—while making sure no one can challenge these changes in court (section 24 makes all decisions final)."}},"importantCases":[],"_links":{"self":"/api/acts/lake-bennett-land-title-act-2005","history":"/api/acts/lake-bennett-land-title-act-2005/history","analysis":"/api/acts/lake-bennett-land-title-act-2005/analysis","conflicts":"/api/acts/lake-bennett-land-title-act-2005/conflicts","importantCases":"/api/acts/lake-bennett-land-title-act-2005/important-cases","documents":"/api/acts/lake-bennett-land-title-act-2005/documents"}}