{"id":"planning-act-1999","name":"Planning Act 1999","slug":"planning-act-1999","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2435,"registerId":"nt-planning-act-1999-current","compilationNumber":null,"startDate":"2026-03-29","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Planning Act 1999.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"Purpose and objectives","content":"2A Purpose and objectives\nThe purpose of this Act is to establish a system to facilitate planning\nfor the orderly use and development of land to achieve the following\nobjectives:\n(a) to ensure that strategic planning is applied to planning\nschemes and implemented in individual planning decisions;\n(b) to ensure that strategic planning reflects the wishes and needs\nof the community;\n(c) to ensure that appropriate public consultation and input are\nincluded in the formulation of planning schemes and the\nmaking of decisions under planning schemes;\n(d) to ensure that the planning system is clear, comprehensive,\neffective, efficient and accessible to the community;\n(e) to promote the sustainable development of land;\n(f) to promote the responsible use of land and water resources to\nlimit the adverse effects of development on ecological\nprocesses;\n\nPlanning Act 1999 2\n(g) to maintain the health of the natural environment and\necological processes;\n(h) to protect the quality of life of future generations;\n(i) to assist the provision of public utilities, infrastructure and\nfacilities for the benefit of the community;\n(j) to promote the good design of buildings and other works that\nrespects the amenity of the locality;\n(k) to assist the conservation and enhancement of places, areas,\nbuildings, other works and landforms that are of cultural,\naesthetic, architectural or historical value;\n(l) to respect and encourage fair and open decision making.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3 Interpretation\n(1) In this Act, unless the contrary intention appears:\nalteration permit means a permit issued and (if applicable) varied\nunder Part 4, Division 3.\namendment decision, in relation to a concurrent application, see\nsection 30R(2).\namendment proposal, in relation to a concurrent application, see\nsection 30(2).\namenity, in relation to a locality or building, means any quality,\ncondition or factor that makes or contributes to making the locality\nor building harmonious, pleasant or enjoyable.\nappointed member, in relation to the Commission, means a\nmember appointed under section 81F(2) or (3).\napproved form means a form approved under section 135A.\nauthorised officer means a person appointed under section 76.\nbase period of the permit, in relation to a development permit or\nan exceptional development permit, means the period commencing\non the date of consent and ending on:\n(a) the date specified in the permit as the date on which the\npermit will lapse; or\n(b) if no date is specified in the permit as the date on which the\npermit will lapse – the date 2 years after the relevant date of\nconsent.\n\nPlanning Act 1999 3\nbuilding includes a structure of any kind (including a temporary\nstructure) and part of a building or structure.\nChair means the person appointed as the Chair of the\nDevelopment Consent Authority under section 88(1) and includes a\nDeputy Chair acting under section 88(3) or (4).\nChairperson means the person appointed to be the Chairperson of\nthe Commission under section 81F(2).\nCommission means the Planning Commission established by\nsection 81A.\ncommittee means a committee of the Development Consent\nAuthority established under section 104.\ncommunity member means a member of the Development\nConsent Authority who is appointed under section 89(1)(a) and\nincludes an alternate community member acting under\nsection 89(2).\nconcurrent application, see section 30(1).\nconsent authority has the meaning in section 4.\nconsolidation means the amalgamation of 2 or more parcels of\nland to form a single parcel but does not include:\n(a) a consolidation of pastoral land under section 64, 65 or 66 of\nthe Pastoral Land Act 1992, if, after consolidation, the land\nremains pastoral land within the meaning of that Act;\n(c) a consolidation of land the subject of a grant of an estate or\ninterest with land already held by the grantee for the purpose\nof section 16 or 24 of the Control of Roads Act 1953;\n(d) the consolidation of land vested in a local government council\nunder section 272(3) of the Local Government Act 2019 with\nland adjoining that land if the consolidation takes place not\nlater than 12 months after the vesting of the land in the local\ngovernment council; or\n(e) a consolidation or class of consolidation prescribed for the\npurposes of this definition.\nconstruct, in relation to a building, includes:\n(a) to build, re-build, erect or re-erect the building;\n(b) to make alterations to the building;\n\nPlanning Act 1999 4\n(c) to enlarge or extend the building; and\n(d) to place or relocate the building on land.\ncontact details, in relation to a person, means the person's postal\naddress or email address.\ncontribution means the amount, calculated under and in\naccordance with a contribution plan, payable in accordance with\nPart 6.\ncontribution plan means a contribution plan made under\nsection 68.\ncouncil area means an area for which a council is constituted\nunder the Local Government Act 2019.\ncovenant has the same meaning as in Part 9, Division 4 of the Law\nof Property Act 2000.\ncovenant in gross has the same meaning as in Part 9, Division 4\nof the Law of Property Act 2000.\ndate of consent, in relation to a development permit, means:\n(a) the date on which the consent authority issued the\ndevelopment permit under section 54; or\n(b) the date on which the consent authority, in accordance with an\norder under section 125(4) or 130(4), issued or amended the\ndevelopment permit,\nwhichever is the later.\nDeputy Chair means a person appointed as a Deputy Chair of the\nDevelopment Consent Authority under section 88(2).\ndevelopment, in relation to land, means an activity that involves:\n(a) the establishment of, or a change in, the use of the land;\n(b) the subdivision or consolidation of the land; or\n(c) the carrying out of works on or in relation to the land,\nincluding:\n(i) excavation or land-filling;\n(ii) the clearing of native vegetation;\n(iii) the construction of a building;\n\nPlanning Act 1999 5\n(iv) the construction or upgrading of roads and drains, other\nthan:\n(A) by a statutory corporation, by a statutory authority\nor corporation incorporated under an Act of the\nCommonwealth or by a local government council;\nor\n(B) if the works are carried out in pursuance of a\nstatutory responsibility;\n(v) the construction or upgrading of hardstand car parking or\nlandscaping; and\n(vi) any other operation that affects the physical character of\ndevelopment application means an application under section 46.\nDevelopment Consent Authority means the Authority established\nby section 82 and includes a Division of the Authority.\ndevelopment permit means a development permit issued under\nsection 54 or taken to be issued under section 45, as varied under\nsection 57, as varied pursuant to an order under section 130 or as\nmodified under section 66.\ndevelopment proposal, in relation to a concurrent application, see\nsection 30(3).\nDivision, in relation to the Development Consent Authority, means\na Division established under section 83.\nDivision area means the area of a Division as specified in, or as\namended by, a notice under section 83.\nDivision member, in relation to a Division of the Development\nConsent Authority, means a person appointed under section 89\nor 90 to be a member in respect of the Division and includes a\nperson appointed under section 91, 93 or 94 to act in the office of a\nmember of the Division while acting as that member.\neasement has the same meaning as in Part 9, Division 2 of the\nLaw of Property Act 2000.\neasement in gross has the same meaning as in Part 9, Division 2\nof the Law of Property Act 2000.\n\nPlanning Act 1999 6\nelement, in relation to a planning scheme, means any written\nprovision, image, map, plan, design, diagram, requirement or other\ncomponent of which a planning scheme is constituted.\nenforcement notice means a notice issued under section 77.\nexceptional development permit means a permit granted under\nsection 40 as varied, if at all, under that section.\nexhibition means:\n(a) in relation to a proposal – placing the proposal on exhibition\nunder Part 2, Division 3, and giving notice of the proposal as\nrequired by that Division; or\n(b) in relation to a concurrent application – placing the application\non exhibition under Part 2A, Division 3, and giving notice of\nthe application as required by that Division.\nexhibition period, for a concurrent application, see section 30F(3).\nexisting building has the meaning in section 33(3).\nexisting use has the meaning in section 33(1) or (2).\nexisting works has the meaning in section 33(4).\nformula for calculation means a formula for the calculation of\ncontributions that is referred to in section 69(4).\ninterim development control order means an interim\ndevelopment control order made under Part 3 that is in force from\ntime to time.\nland includes land covered by water and buildings constructed on\nland.\nmember means:\n(a) in relation to the Commission – a member mentioned in\nsection 81F(1); and\n(b) in relation to the Development Consent Authority – any of the\n(i) the Chair;\n(ii) a person appointed under section 89 or 90 as a member;\n(iii) an alternate member appointed under section 91 while\nacting as a member;\n\nPlanning Act 1999 7\n(iv) a temporary member appointed under section 93 or 94\nwhile acting as a member.\nnotice of refusal means a notice of refusal served under\nsection 53C.\nNT Planning Scheme means the Northern Territory Planning\nScheme referred to in section 7.\nowner, in relation to land held under a lease from the Territory,\nmeans the lessee of the land.\nparty, to a review under Part 9, has the meaning in section 118A.\nperiod of exhibition, for Part 2, Division 3, see section 14.\npermit, in relation to land, means any permit issued under this Act\nthat applies to the land.\nplanning adviser means a planning adviser appointed under\nsection 30A.\nplanning scheme includes the NT Planning Scheme and any\nspecific planning scheme referred to in section 8.\npolicy area means a policy area within the meaning of\nsection 69(3).\nprescribed corporation means the corporation prescribed under\nsection 9 of the Local Government Act 2019.\nprescribed fee means a fee prescribed under section 135(1).\nproposal, for Part 2, Division 3, see section 14.\nRegistrar means the Registrar within the meaning of the Northern\nTerritory Civil and Administrative Tribunal Act 2014.\nRestricted Water Extraction Area means an area of land declared\nunder section 14A(1) of the Water Act 1992.\nscheme, see section 5 of the Unit Title Schemes Act 2009.\nscheme land, see section 32(1) of the Unit Title Schemes\nAct 2009.\nservice authority means the Territory, a minister, the Power and\nWater Corporation established by the Power and Water Corporation\nAct 1987 or a prescribed statutory corporation.\n\nPlanning Act 1999 8\nsignificant development proposal, in relation to land, see\nsection 50A(1).\nsignificant development report, see section 50B(1).\nstatutory corporation means a corporation, commission or\nauthority incorporated by name for a public purpose by a law of the\nTerritory, but does not include a local government council.\nstrategic framework, see section 9A.\nsubdivision has the meaning in section 5.\nsubmission period, for a development application, means the\nperiod allowed for lodging submissions in relation to the application\nspecified in the notice about the application.\nSurveyor-General has the same meaning as in the Licensed\nSurveyors Act 1983.\nTribunal means the Civil and Administrative Tribunal\nworks means:\n(a) any activity on land, other than mining or agriculture, resulting\nin a physical change to the land or a part of the land; or\n(b) the results of such an activity, other than a building.\nzone, in relation to land, means the zone of the land as specified in\na planning scheme or in a map to which a planning scheme refers.\n(2) If in this Act the expression default penalty appears in or at the\nfoot of a section or subsection, section 80B applies in relation to the\nsection or subsection.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of consent authority","content":"4 Meaning of consent authority\n(1) Subject to subsections (4) and (6), if a Division of the Development\nConsent Authority is not established in relation to an area of land,\nthe Minister is the consent authority in relation to the land.\n(2) Subject to subsections (3) and (5), if a Division of the Development\nConsent Authority is established in relation to an area of land, the\nDivision is the consent authority in relation to the land.\n\nPlanning Act 1999 9\n(3) If the Minister is nominated under section 31(3) as the consent\nauthority in relation to an interim development control order, the\nMinister is the consent authority in relation to:\n(a) if the order only relates to a type of development specified in\nthe order – development of that type on the land to which the\norder relates; or\n(b) if the order does not specify that it only relates to a type of\ndevelopment – the land to which the order relates.\n(4) If a Division of the Development Consent Authority is nominated\nunder section 31(3) as the consent authority in relation to an interim\ndevelopment control order, the Division is the consent authority in\nrelation to:\n(a) if the order only relates to a type of development specified in\nthe order – development of that type on the land to which the\norder relates; or\n(b) if the order does not specify that it only relates to a type of\ndevelopment – the land to which the order relates.\n(5) If the Minister directs the Development Consent Authority under\nsection 85(3), the Minister is the consent authority in relation to the\nparticular development application to which the direction relates.\n(6) If a Division of the Development Consent Authority is not\nestablished in relation to an area of land to which a concurrent\napplication relates, the consent authority in relation to the land is\nthe person or body appointed under section 30D(6)(b) to be the\nconsent authority for the application.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of subdivision","content":"5 Meaning of subdivision\n(1) Subject to subsections (2), (3) and (4), in this Act, subdivision\nmeans the division of land into parts available for separate\noccupation or use, by means of:\n(a) sale, transfer or partition; or\n(b) lease, agreement, dealing or instrument purporting to render\ndifferent parts of the land available for separate disposition or\nseparate occupation.\n\nPlanning Act 1999 10\n(2) Despite subsection (1), subdivision does not include:\n(a) a subdivision created by:\n(i) an acquisition or resumption of land or of an interest in\nland resulting from an action under the Lands Acquisition\nAct 1978 or the Crown Lands Act 1992;\n(ii) an action under the Control of Roads Act 1953 or the\nLocal Government Act 2019 to open a road, or to create\na parcel of land to be included in a future road, if all the\nparts of the parcel that are not or will not be acquired for\nthe purposes of the road will remain one parcel;\n(iii) the vesting of land in a local government council under\nsection 272(3) of the Local Government Act 2019; or\n(iv) a grant of an estate or interest in land for the purpose of\nsection 16 or 24 of the Control of Roads Act 1953 if it is\nto be consolidated with the land already held by the\ngrantee;\n(c) a subdivision that creates not more than 2 lots if one of the\nlots is or is intended to be a park or reserve within the\nmeaning of the Territory Parks and Wildlife Conservation\nAct 1976;\n(d) the subdivision of pastoral land under section 61 or 66 of the\nPastoral Land Act 1992 if, after the subdivision, the land will\nremain pastoral land within the meaning of that Act;\n(e) a subdivision required under the Encroachment of Buildings\nAct 1982;\n(f) a sublease under the Pastoral Lands Act 1992;\n(g) a subdivision required under any other Act; or\n(h) a subdivision, or a subdivision of a class of subdivision,\nprescribed for the purposes of this section.\n(3) Land is not to be taken to be subdivided for the purposes of this\nAct:\n(a) by the grant of a lease, licence or other right to use or occupy\na part of the land unless the lease, licence or other right is for\na term of more than 12 years; or\n(b) by reason only of the lease of part of a building.\n\nPlanning Act 1999 11\n(4) For the purposes of subsection (3), a lease, licence or other right to\nuse or occupy a part of land that contains:\n(a) an option to renew the lease, licence or right for an additional\nterm from the date of expiration of the lease, licence or right;\nor\n(b) a provision for the granting of a further lease, licence or right\nfor an additional term from the date of expiration of the lease,\nlicence or right,\nso that the aggregate of all the terms is more than 12 years is to be\ntaken to be a lease, licence or right for a term of more than\n12 years.\n(5) Despite subsection (1), subdivision also does not include a\nsubdivision if:\n(a) the subdivision comprises one or more leases granted over\nAboriginal land (as defined in section 3(1) of the Aboriginal\nLand Rights (Northern Territory) Act 1976 (Cth)); and\n(b) the leases were granted to Indigenous Essential Services Pty\nLtd ACN 105 269 636 after 29 June 2009 and before the\ncommencement of this section.\n(6) Subsection (5) does not limit the power to make regulations under\nsection 148 to prescribe exemptions for subsection (2)(h).\n","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Application of Criminal Code","content":"5A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Act to bind Crown","content":"6 Act to bind Crown\nThis Act binds the Crown not only in the right of the Territory but\nalso, so far as the legislative power of the Legislative Assembly\npermits, the Crown in all its other capacities.\n","sortOrder":7},{"sectionNumber":"6A","sectionType":"section","heading":"Persons and bodies performing functions under Act","content":"6A Persons and bodies performing functions under Act\n(1) The Minister's functions under this Act are primarily the following:\n(a) to make and amend specific planning schemes under Part 2;\n\nPlanning Act 1999 12\n(b) to make interim development control orders under Part 3;\n(c) to perform the functions of a consent authority in the\ncircumstances specified in section 4;\n(d) to appoint members of the various bodies that perform\nfunctions under this Act;\n(e) to appoint persons who perform administrative or enforcement\nfunctions under this Act;\n(f) to prescribe fees, approve forms and perform administrative\nfunctions under this Act.\n(2) The Planning Commission's functions under this Act are specified in\nsection 81B and relate primarily to the following:\n(a) to develop strategic planning for the Territory and maintaining\nthe NT Planning Scheme;\n(b) to assist the Minister in carrying out the purpose and\nobjectives of this Act.\n(3) A consent authority's function under this Act is to make decisions\nrelating to applications to develop land.\n(4) The Development Consent Authority's function under this Act is to\nperform the functions of a consent authority in those places where it\nis established.\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Northern Territory Planning Scheme","content":"7 Northern Territory Planning Scheme\n(1) There is a Northern Territory Planning Scheme that applies in\nrelation to the whole of the Territory except any area of land:\n(a) in relation to which another planning scheme applies; or\n(b) specified in the NT Planning Scheme as being excluded from\nthe application of that Scheme.\n(2) The NT Planning Scheme may refer to an area of land by\ndescribing the land or referring to a map or plan of the land.\n\nPlanning Act 1999 13\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Other specific planning schemes","content":"8 Other specific planning schemes\n(1) The Minister may, on the Minister's own initiative or following a\nrequest by a person or body, make a specific planning scheme that\napplies in relation to the area or areas of land described in the\nplanning scheme or in a map to which the planning scheme refers.\n(2) The Minister may, on the Minister's own initiative or following a\nrequest by a person or body, repeal a specific planning scheme.\n(3) Divisions 2, 3, 4 and 5 apply in relation to the making or repeal of a\nspecific planning scheme as if a reference in those Divisions to an\namendment of a planning scheme were a reference to the making\nor repeal of a specific planning scheme.\n(4) If the Minister makes or repeals a specific planning scheme on his\nor her own initiative, Divisions 3, 4 and 5 apply (with the necessary\nchanges) in relation to that action as if the Minister had received a\nrequest for the specific planning scheme to be made or repealed.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Planning scheme","content":"9 Planning scheme\n(1) A planning scheme must further the purpose and objectives of this\nAct.\n(2) A planning scheme must establish the planning provisions that\napply to an area of land, which may include the following:\n(a) policies to be applied to the use or development of land;\n(b) provisions that permit, prohibit, restrict, impose conditions on\nor otherwise control the use or development of land;\n(c) provisions necessary or convenient to give effect to the\nplanning scheme;\n(d) maps, plans, designs and diagrams.\n(3) A planning scheme may be comprised of the following elements:\n(a) a strategic framework for the land to which the planning\nscheme applies;\n(b) overlay provisions;\n(c) zone provisions;\n(d) use and development requirements;\n(e) interpretive provisions and administrative guidelines.\n\nPlanning Act 1999 14\n(4) An element of a planning scheme may apply in relation to all or part\nof the land to which the planning scheme applies.\n(5) A planning scheme may refer to, adopt or incorporate, with or\nwithout modification, a specified document, as in force at a\nparticular time or as in force from time to time.\n(6) A planning scheme is to be interpreted and applied in accordance\nwith its interpretative provisions.\n","sortOrder":11},{"sectionNumber":"9A","sectionType":"section","heading":"Contents of strategic framework","content":"9A Contents of strategic framework\nA strategic framework consists of the planning policies and plans\nthat apply to an area of land, which may include the following:\n(a) the strategic policies and principles that promote the purpose\nand objectives of this Act and guide the development of land\nto which the planning scheme applies;\n(b) a regional land use plan that establishes the general policies\nand principles that guide all development of land, land use and\nresource use in a region and identifies any issues related to\nlong-term planning;\n(c) a subregional land use plan that establishes the specific\npolicies and principles that guide all development of land, land\nuse and resource use in a subregion;\n(d) an area plan that establishes the specific rules and principles\nfor all development of land, land use and resource use in an\n","sortOrder":12},{"sectionNumber":"9B","sectionType":"section","heading":"Overlay provisions, zone provisions and development","content":"9B Overlay provisions, zone provisions and development\nrequirements and guidelines\n(1) The overlay provisions of a planning scheme consist of the\n(a) the specific development requirements that prevail over or are\nin addition to the zone provisions;\n(b) a map or other geographic means of determining where the\noverlay provisions apply.\n(2) The zone provisions of a planning scheme consist of the following:\n(a) a statement of the purpose of each zone and the outcomes\nexpected for each zone;\n\nPlanning Act 1999 15\n(b) a table that states the categories of development that are\npermitted, prohibited or otherwise controlled and the\napplicable development requirements in a zone;\n(c) one or more maps or other geographic means to identify the\napplicable zones.\n(3) The development requirements in a planning scheme consist of the\n(a) the requirements that apply to development in a zone;\n(b) the subdivision and consolidation requirements for the scheme\n","sortOrder":13},{"sectionNumber":"9C","sectionType":"section","heading":"Interpretative provisions and administrative guidelines","content":"9C Interpretative provisions and administrative guidelines\nThe interpretative provisions and administrative guidelines in a\nplanning scheme consist of:\n(a) any definitions, rules or principles for interpreting or applying\nthe planning scheme; and\n(b) any guidance a consent authority is expected to follow when\nadministering the planning scheme, including what it is\nallowed to consider in relation to specific matters.\n","sortOrder":14},{"sectionNumber":"Div 2","sectionType":"division","heading":"Amendments and requests for amendments of","content":"Division 2 Amendments and requests for amendments of\nplanning schemes\n","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of declared class of amendments","content":"10 Meaning of declared class of amendments\nIn this Division, a reference to a declared class of amendments is a\nreference to a class of amendments to which a declaration in force\nunder section 11(3) relates.\n","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Amendment of planning scheme generally","content":"11 Amendment of planning scheme generally\n(1) The Minister may amend a planning scheme in accordance with\nthis Part.\n(2) To avoid doubt, the repeal and substitution of a planning scheme in\nits entirety is an amendment of the planning scheme.\n(3) The Minister may declare in writing that, in the Minister's opinion, a\nclass of amendments of a planning scheme is not so significant as\nto require exhibition.\n\nPlanning Act 1999 16\n","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Amendment of planning scheme on Minister's initiative","content":"12 Amendment of planning scheme on Minister's initiative\n(1) The Minister may decide to amend a planning scheme on his or her\nown initiative as the Minister sees fit.\n(2) If the Minister is satisfied the proposed amendment is within a\ndeclared class of amendments or is not so significant as to require\nexhibition, the Minister may:\n(a) amend the planning scheme without taking any further action\nunder Division 3, 4 or 5;\n(b) give notice of the amendment in accordance with section 28;\nand\n(c) provide reasons for the amendment in accordance with\nsection 29.\n(3) In any other circumstances, Divisions 3, 4 and 5 apply in relation to\nthe proposed amendment.\n","sortOrder":18},{"sectionNumber":"12A","sectionType":"section","heading":"Request to amend planning scheme","content":"12A Request to amend planning scheme\n(1) A person or body may request the Minister to amend a planning\nscheme.\n(2) The request must be in writing and include the following:\n(a) an explanation of the proposed amendment;\n(b) a statement of the purpose of the proposed amendment and\nits desired effect;\n(c) an assessment of the proposed amendment with respect to\nthe matters to be considered by the Minister under\nsection 13(1);\n(d) the details of any community consultation conducted, or to be\nconducted, in addition to the consultation required under this\nAct.\n(3) The Minister may require the person or body requesting an\namendment to provide further information within a specified time if,\nin the Minister's opinion, additional information is necessary to\nenable a proper consideration of the request.\n(4) The Minister may reject the request without considering it further if:\n(a) the additional information is not provided within the time\nrequired; or\n\nPlanning Act 1999 17\n(b) additional information is provided but the Minister considers it\nto be insufficient to enable a proper consideration of the\nrequest.\n(5) If the Minister rejects a request under subsection (4), the Minister\nmust give the person or body written notice of the rejection and the\nreasons for it.\n","sortOrder":19},{"sectionNumber":"12B","sectionType":"section","heading":"Planning Commission views on request and decision","content":"12B Planning Commission views on request and decision\n(1) The Minister may ask the Planning Commission for its views on the\nstrategic planning implications of a proposed amendment to a\nplanning scheme.\n(2) The Minister must give written notice to the person or body\nrequesting the amendment if the Minister asks the Planning\nCommission for its views.\n(3) The Planning Commission must give the Minister a report on its\nviews if asked under subsection (1).\n(4) The Minister must:\n(a) give a copy of the Planning Commission's report to the person\nor body requesting the amendment; and\n(b) give that person or body a reasonable opportunity to respond\nto that report.\n","sortOrder":20},{"sectionNumber":"13","sectionType":"section","heading":"Minister's consideration of request and decision","content":"13 Minister's consideration of request and decision\n(1) When considering a request to amend a planning scheme, the\nMinister must also consider the following:\n(b) whether the proposed amendment, other than a proposed\namendment to a strategic framework, is contrary to any\nstrategic framework in the planning scheme;\n(c) whether the proposed amendment is within a declared class of\namendments that do not require exhibition;\n(d) whether the proposed amendment is not significant enough to\nrequire exhibition;\n(e) the merits of the proposed amendment and whether the\n\nPlanning Act 1999 18\n(f) any report from the Planning Commission under\nsection 12B(3);\n(g) any other matters the Minister considers appropriate.\n(2) Despite Divisions 3 and 4, the Minister need not take any action\nunder those Divisions in respect of a proposed amendment if\nsatisfied that:\n(a) the proposed amendment is within a declared class of\namendments; or\n(b) the proposed amendment is not significant enough to require\nexhibition.\n(3) After considering the request, the Minister must:\n(a) continue consideration of the proposed amendment by placing\nit on exhibition; or\n(b) amend the planning scheme as proposed; or\n(c) refuse to amend the planning scheme.\n(4) If the Minister amends the planning scheme as proposed, the\n(a) give notice of the amendment in accordance with section 28;\nand\n(b) provide reasons for the amendment in accordance with\nsection 29.\n(5) As soon as practicable after making the decision, the Minister must\ngive written notice of the decision to the person or body requesting\nthe amendment.\n(6) If the Minister refuses to amend the planning scheme as proposed,\nthe notice of the decision must include the reasons for the refusal.\n(7) A failure of the Minister to comply with subsection (4)(b) or (6) in\nrelation to a decision does not affect the validity of the Minister's\ndecision.\n\nPlanning Act 1999 19\n","sortOrder":21},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Plans, guidelines and assessment criteria","content":"Division 2A Plans, guidelines and assessment criteria\nprepared by Commission\n","sortOrder":22},{"sectionNumber":"13A","sectionType":"section","heading":"Application of Division","content":"13A Application of Division\nThis Division applies in relation to integrated strategic plans,\nguidelines and assessment criteria prepared by the Commission for\ninclusion in the NT Planning Scheme as mentioned in\nsection 81B(b) and (c).\n","sortOrder":23},{"sectionNumber":"13B","sectionType":"section","heading":"Procedures to be followed","content":"13B Procedures to be followed\nOn receipt of the integrated strategic plans, guidelines or\nassessment criteria, the Minister must follow the procedures under\nthis Part as if the Commission had requested the amendment of the\nNT Planning Scheme under Division 2.\n","sortOrder":24},{"sectionNumber":"14","sectionType":"section","heading":"Definitions","content":"14 Definitions\nperiod of exhibition, for a proposal, means the period referred to\nin section 15.\nproposal means one of the following:\n(a) a proposed amendment of a planning scheme that the\nMinister has, under Division 2, decided to place on exhibition;\n(b) a proposal to grant or vary an exceptional development permit\nthat the Minister has, under Part 4, Division 2, decided to\nplace on exhibition;\n(c) an altered proposal within the meaning of section 27.\n","sortOrder":25},{"sectionNumber":"15","sectionType":"section","heading":"Period of exhibition of proposal","content":"15 Period of exhibition of proposal\n(1) Subject to subsection (2), the period of exhibition for a proposal is\n28 days starting on the day the notice of the proposal is first\npublished under section 17.\n(2) The Minister may determine a longer period of exhibition for a\nparticular proposal or class of proposals.\n\nPlanning Act 1999 20\n","sortOrder":26},{"sectionNumber":"16","sectionType":"section","heading":"Notice relating to rezoning or grant of permit","content":"16 Notice relating to rezoning or grant of permit\n(1) This section applies in relation to land that will be affected by one of\nthe following proposals if carried out:\n(a) a proposal to amend a planning scheme by establishing or\nchanging a zone;\n(b) a proposal to grant or vary an exceptional development\n(2) Subject to this section, on or before the first day of the period of\nexhibition for the proposal, the Minister must:\n(a) serve a notice on the owner of the land; and\n(b) arrange to be placed on or in the vicinity of the land as many\nsigns, in accordance with subsections (4) and (5), as the\nMinister considers appropriate.\n(3) Subsection (2) does not apply if the Minister considers:\n(a) it is impracticable to comply with the subsection because of\nthe location of the land or the number of parcels of land; and\n(b) it is reasonable to expect that all persons likely to be affected\nby the proposal will receive sufficient notice of it by means of\nthe notice published under section 17.\n(4) A sign referred to in subsection (2)(b) must include the following\n(a) the current zone of the land;\n(b) the zone proposed for the land or the activity that will, despite\nthe zone of the land, be permitted under an exceptional\n(5) A sign referred to in subsection (2)(b) must:\n(a) be placed on, or within a reasonable distance from, each\npublic road frontage of the land; and\n(b) be clearly legible to a person from a location on the public\nroad nearest to the land.\n(6) A person commits an offence if:\n(a) a sign is placed on land in accordance with this section; and\n(b) the person intentionally removes the sign; and\n\nPlanning Act 1999 21\n(c) the removal occurred before the end of the period of exhibition\nfor the proposal.\nMaximum penalty: 100 penalty units.\n(7) Strict liability applies to subsection (6)(a) and (c).\n","sortOrder":27},{"sectionNumber":"17","sectionType":"section","heading":"Publication of notice of proposal","content":"17 Publication of notice of proposal\n(1) The Minister must publish, in a newspaper circulating in the\nTerritory or in the area to which the proposal relates, a notice\ncontaining the following information:\n(a) that a proposal to amend a planning scheme, or to grant or\nvary an exceptional development permit, is to be placed on\nexhibition;\n(b) the place where or the manner in which the public can view a\ncopy of the application and proposal;\n(c) the period of exhibition;\n(d) the body to which written submissions about the proposal may\nbe made;\n(e) a brief summary of the nature of the proposal.\n(2) If the proposal relates to establishing or changing a zone or to a\ngrant or variation of an exceptional development permit, and the\nMinister considers it to be practicable, the brief summary must\ninclude the following information:\n(a) the lot number, Section number or Portion number and, if\napplicable, the street address of the land;\n(b) the current zone of the land.\n(3) During the period of exhibition, the Minister must publish the notice\nunder subsection (1) a second time.\n","sortOrder":28},{"sectionNumber":"18","sectionType":"section","heading":"Exhibition of proposal","content":"18 Exhibition of proposal\nThe Minister must exhibit the following at the place or in the manner\nspecified under section 17(1)(b):\n(a) a copy of the application;\n(b) a copy of the proposal;\n\n","sortOrder":29},{"sectionNumber":"Div 4","sectionType":"division","heading":"Submissions, consultation, hearings and reports about proposals","content":"Division 4 Submissions, consultation, hearings and reports about proposals\nPlanning Act 1999 22\n(c) a copy of any report from the Commission relevant to the\n","sortOrder":30},{"sectionNumber":"19","sectionType":"section","heading":"Notice to local government council if proposal relates to land","content":"19 Notice to local government council if proposal relates to land\nin council area\n(1) If a proposal relates to land partly or entirely within a council area,\nthe Minister must give the local government council for the council\narea written notice of the proposal.\n(2) The notice must contain the information specified in the notice\npublished under section 17 and an invitation to the local\ngovernment council to make a submission about the proposal under\nsection 22.\n(3) In response to the notice, the local government council may:\n(a) make a submission about the proposal under section 22(1); or\n(b) give the Commission advice or comment on the proposal\nunder section 22(4).\nDivision 4 Submissions, consultation, hearings and reports\nabout proposals\n","sortOrder":31},{"sectionNumber":"20","sectionType":"section","heading":"Definitions","content":"20 Definitions\nproposal means a proposal within the meaning of section 14 that\nhas been placed on exhibition in compliance with Division 3.\n","sortOrder":32},{"sectionNumber":"22","sectionType":"section","heading":"Submissions and hearing","content":"22 Submissions and hearing\n(1) A person or body may make a submission about a proposal to the\nCommission.\n(2) The submission must be in writing and lodged with the Commission\nwithin the exhibition period.\n(3) To be received by the Commission, a submission must:\n\nDivision 4 Submissions, consultation, hearings and reports about proposals\nPlanning Act 1999 23\nand\nof a body or group of persons, the representative.\n(4) A local government council may give the Commission advice or\ncomment on a proposal.\n(5) Any advice or comment given by a local government council is\n(6) The Commission must conduct a hearing if:\n(a) the Commission receives a submission; and\n(b) the Chairperson is satisfied that a hearing would provide\nfurther useful information.\n(7) If the Commission intends to not conduct a hearing, it must:\n(a) notify the local government council and each person or body\nwho made a submission of that intention; and\n(b) give the local government council and those persons and\nbodies a reasonable opportunity to respond to the notice.\n(8) The Commission must consider any responses given in response to\nthe notice before deciding not to conduct a hearing.\n(9) If the Commission conducts a hearing, it must invite the local\ngovernment council and each person or body who made a\nsubmission to appear at the hearing and be heard in relation to the\n(10) The hearing is to be conducted by the Chairperson, or as otherwise\ndetermined by the Chairperson, with a minimum of formality and in\na manner that ensures procedural fairness.\n","sortOrder":33},{"sectionNumber":"23","sectionType":"section","heading":"Directions by Minister relating to consultation","content":"23 Directions by Minister relating to consultation\n(1) If the Minister requires the Commission to carry out consultation in\naddition to the other processes required by this Division, the\nMinister must in writing direct the Commission to do so.\n(2) The direction may include requirements about the persons with\nwhom, and the manner in which, the consultation is to be carried\nout.\n\nPlanning Act 1999 24\n","sortOrder":34},{"sectionNumber":"24","sectionType":"section","heading":"Reports","content":"24 Reports\n(1) After a hearing has been conducted in respect of submissions\nabout a proposal, and any consultation has been carried out as\ndirected by the Minister, the Commission must provide the Minister\nwith the submissions and a written report about:\n(a) issues raised in the submissions;\n(b) issues raised at the hearing and during any consultation; and\n(c) any other matters the Commission considers the Minister\nshould take into account when considering the proposal.\n(2) If no submission is received or no hearing is held by the\nCommission under section 22, it must provide the Minister with a\nwritten report about the following, as applicable:\n(a) any submissions received;\n(b) the reasons why no hearing was held;\n(c) any issues raised during any consultation;\n(d) any other matter it considers the Minister should take into\naccount when considering the proposal.\n(3) The Minister may also request any other person or body to give the\nMinister a written report about matters relevant to the proposal or to\nanything referred to in the Commission's report.\n","sortOrder":35},{"sectionNumber":"25","sectionType":"section","heading":"Minister's action on amendment of planning scheme","content":"25 Minister's action on amendment of planning scheme\n(1) This section applies if the Minister receives a report from the\nCommission under section 24(1) or (2) about a proposal to amend\na planning scheme.\n(2) When considering the report, the Minister must also consider the\n(b) whether the proposed amendment, other than an amendment\nto a strategic framework, is contrary to any strategic\nframework in the planning scheme;\n\nPlanning Act 1999 25\n(c) the merits of the proposed amendment and whether the\n(d) any report given under section 24(3);\n(e) any other matter the Minister considers appropriate.\n(3) Within 90 days after receiving the Commission's report, the Minister\nmust:\n(a) amend the planning scheme as proposed; or\n(b) alter the proposal and amend the planning scheme in some\nother way; or\n(c) refuse to amend the planning scheme as proposed.\nNote for subsection (3)(b)\nSection 27 applies to the exhibition of an altered proposal.\n(4) Before making a decision under subsection (3), the Minister may\nrequire the proponent to provide further information in relation to the\nproposal within a specified time.\n(5) The Minister must give written notice of a decision under\nsubsection (3) or (4) to the local government council and any\nperson or body who made a submission under section 22.\n(6) If the Minister requires further information under subsection (4), the\n90-day period to make a decision under subsection (3) is\nsuspended until the earlier of the following:\n(a) the date the information is provided;\n(b) the time specified in the requirement to provide the further\ninformation.\n(7) The Minister may refuse to amend the planning scheme as\nproposed if the proponent does not provide the further information\nrequired under subsection (4) within the specified time.\n","sortOrder":36},{"sectionNumber":"26","sectionType":"section","heading":"Proposal relating to exceptional development permit","content":"26 Proposal relating to exceptional development permit\n(1) This section applies in relation to a proposal relating to a grant or\nvariation of an exceptional development permit in respect of which\nthe Minister has received a report or reports under Division 4.\n(2) After considering each report and, if applicable, any other matters\nthe Minister is required by this Act to consider in relation to the\nproposal, the Minister must take an action under section 40.\n\nPlanning Act 1999 26\n","sortOrder":37},{"sectionNumber":"27","sectionType":"section","heading":"Exhibition of altered proposal","content":"27 Exhibition of altered proposal\n(1) This section applies in relation to an altered proposal only if the\nalteration is to the substance of the proposal and not merely to the\nformat or style in which the proposal was placed on exhibition.\n(2) If the Minister is satisfied an alteration is sufficiently extensive or\nsignificant to justify the exhibition of the altered proposal, the\nMinister must place it on exhibition.\n(3) Subject to subsection (4), Divisions 3 and 4 and this Division apply\nin relation to the altered proposal as if the previous proposal had\nnot been on exhibition.\n(4) Section 16 applies in relation to an altered proposal only if the zone\nproposed for the land to which the altered proposal relates is\ndifferent from the zone proposed in the previous proposal, as\nspecified in the previous notice placed on or in the vicinity of the\nland under section 16(2)(b).\n(5) In this section:\naltered proposal means a proposal altered under section 25 or 40.\n","sortOrder":38},{"sectionNumber":"28","sectionType":"section","heading":"Notice of amendment","content":"28 Notice of amendment\n(1) After the Minister amends a planning scheme, the Minister must\npublish, in a newspaper circulating in the Territory or in the area to\nwhich the amendment relates, a notice containing the following\n(a) a statement that the Minister has amended the planning\nscheme named in the notice;\n(b) any identifying number or title given to the amendment;\n(c) the place where copies of the amendment are available for\npurchase or inspection.\n(2) An amendment of a planning scheme takes effect on the date the\nnotice of the amendment is published.\n(3) This section does not apply in relation to any action taken by the\nMinister under section 40.\n\nPlanning Act 1999 27\n","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Reasons for decision to be available to public","content":"29 Reasons for decision to be available to public\n(1) After the Minister amends or refuses to amend a planning scheme,\nthe Minister must make available for purchase or inspection by the\npublic a copy of the written reasons for the decision.\n(2) A failure of the Minister to comply with subsection (1) does not\naffect the validity of the Minister's decision.\n","sortOrder":40},{"sectionNumber":"30","sectionType":"section","heading":"Concurrent application","content":"30 Concurrent application\n(1) A concurrent application is an application that:\n(a) relates to land to which a planning scheme applies; and\n(b) comprises both an amendment proposal and a development\n(2) An amendment proposal is a proposal for an amendment of a\nplanning scheme under this Part that relates to any of the following:\n(a) the establishment or change of a zone;\n(b) the establishment or change of a zone and a variation of the\nprovisions of the planning scheme as they will apply to\ndevelopment in the zone after it is established or changed;\n(c) a variation of the provisions of the planning scheme not\nrequiring the establishment or change of a zone.\n(3) A development proposal is a proposal, made in connection with\nan amendment proposal, for development that:\n(a) is required by this Act to be carried out under a development\npermit; and\n(b) is proposed to be carried out in accordance with a planning\nscheme as amended under this Part.\n","sortOrder":41},{"sectionNumber":"30A","sectionType":"section","heading":"Planning adviser","content":"30A Planning adviser\nThe Minister must appoint a public sector employee to be a\nplanning adviser for this Part.\n\nPlanning Act 1999 28\n","sortOrder":42},{"sectionNumber":"30B","sectionType":"section","heading":"Meeting with planning adviser required before making","content":"30B Meeting with planning adviser required before making\n(1) After meeting with a planning adviser, either of the following\npersons is entitled to make a concurrent application:\n(a) the owner of land to which the application relates;\n(b) a person authorised by the owner of that land to make the\n(2) A person who intends to make a concurrent application must lodge\nwith the Agency a notice, in the approved form, requesting a\nmeeting with a planning adviser.\n(3) As soon as practicable after the notice is lodged, a planning adviser\nmust arrange to hold a meeting with the person about the\n(4) The purpose of the meeting is to enable the planning adviser to\ngive the person information and guidance relevant to the concurrent\n","sortOrder":43},{"sectionNumber":"30C","sectionType":"section","heading":"Making concurrent application","content":"30C Making concurrent application\n(1) A concurrent application must be:\n(a) made in the approved form to the Minister; and\n(b) accompanied by the prescribed fee.\n(2) The concurrent application may be made by electronic transmission\nin a way that is acceptable to the Minister but will not be considered\nby the Minister until the prescribed fee is paid.\n(3) The concurrent application must:\n(a) specify the details of the amendment proposal and\ndevelopment proposal; and\n(b) specify why a concurrent application is required for the\ndevelopment proposed to be carried out on the land to which\nthe application relates (the land); and\n(c) include an assessment demonstrating how the development\nproposal will comply with the planning scheme that applies to\nthe land if the scheme is amended as specified in the\namendment proposal; and\n\nPlanning Act 1999 29\n(d) include all of the information required by subsection (4) and\nthe approved form.\n(4) The concurrent application must contain the following information\n(as applicable) in relation to each of the proposals comprised in the\napplication:\n(a) an assessment demonstrating how the proposal will comply\nwith any interim development control order applying to the\nland;\n(b) a statement specifying:\n(i) whether the proposal is required to be referred to the NT\nEPA under Part 4, Division 3 of the Environment\nProtection Act 2019; and\n(ii) whether the proposal has been referred to the NT EPA\nunder Part 4, Division 3 of the Environment Protection\nAct 2019;\n(c) an assessment of the proposed amendment with respect to\nthe matters to be considered by the Minister under\nsection 30D(4A);\n(d) a description of the physical characteristics of the land and a\ndetailed assessment demonstrating:\n(i) the land's suitability for the purpose of the proposal; and\n(ii) the effect of the proposal on the land and other land;\n(e) a statement specifying:\n(i) the public facilities or public open space available in the\narea in which the land is situated; and\n(ii) whether land for public facilities or public open space is\nto be provided by the applicant; and\n(iii) whether it is proposed that facilities or open space be\ndeveloped by the applicant;\n(f) a statement specifying:\n(i) the public utilities or infrastructure provided in the area in\nwhich the land is situated; and\n(ii) any requirement for public facilities and services to be\nconnected to the land; and\n\nPlanning Act 1999 30\n(iii) whether public utilities or infrastructure are to be\nprovided by the applicant; and\n(iv) whether land is to be provided by the applicant for the\nprovision of public utilities or infrastructure;\n(g) an assessment of the potential impact on the existing and\nfuture amenity of the area in which the land is situated;\n(h) an assessment of the benefit or detriment to the public interest\nof the proposal;\n(ha) if the proposal relates to a subdivision or consolidation of land\nin a Restricted Water Extraction Area – the information\nrequired by section 14C(1) of the Water Act 1992;\n(i) if the proposal relates to a subdivision of land on which a\nbuilding is situated – a report from a building certifier, as\ndefined in section 4 of the Building Act 1993, as to whether the\nbuilding will cease to comply with the Building Act 1993 if the\nsubdivision were to proceed;\n(j) for the development of land proposed to be the scheme land\nof a proposed or existing scheme, or the development of\nexisting scheme land – a plan in the approved form specifying:\n(i) information about any building that is, or will be, situated\non the scheme land (including, for example, information\nabout the structural integrity and fire safety of the\nbuilding); and\n(ii) if any part of the development is subject to changes that\nare allowed by regulation – details about that part as\nrequired by regulation; and\n(iii) any other information prescribed by regulation about the\n","sortOrder":44},{"sectionNumber":"30D","sectionType":"section","heading":"Consideration and initial decision by Minister","content":"30D Consideration and initial decision by Minister\n(1) If, in the Minister's opinion, additional information is necessary to\nenable a proper consideration of the concurrent application, the\nMinister may require the applicant to provide the information.\n\nPlanning Act 1999 31\n(2) If the applicant does not provide any additional information after\nbeing required to do so, or the Minister considers that additional\ninformation provided by the applicant is insufficient to enable a\nproper consideration of the concurrent application, the Minister:\n(a) may decide to reject the application without considering it\nfurther; and\n(b) as soon as practicable after making the decision – must give\nthe applicant a notice of, and the reasons for, the decision.\n(3) If the Minister considers the development proposal in the\nconcurrent application is a significant development proposal, the\nMinister may request the Commission to give the Minister a\nsignificant development report.\n(4) If the Minister requests a significant development report, the\n(a) defer consideration of the concurrent application; and\n(b) give the applicant a notice about the request to the\nCommission, stating that further consideration of the\nconcurrent application is deferred until the significant\ndevelopment report has been given to the Minister.\n(4A) When considering a concurrent application, the Minister must also\nconsider the following:\n(b) whether the proposed amendment, other than a proposed\namendment to a strategic framework, is contrary to any\nstrategic framework in the planning scheme;\n(e) the merits of the proposed amendment and whether the\n(f) any report received from the Commission under\nsubsection (3);\n(g) any other matters the Minister considers appropriate.\n(5) As soon as practicable after considering the concurrent application\nand the matters referred to in subsection (4A), the Minister may\ndecide to:\n(a) accept the application for exhibition; or\n\nPlanning Act 1999 32\n(b) refuse to amend the planning scheme as specified in the\namendment proposal.\n(6) If the Minister makes a decision under subsection (5)(a), the\n(a) give the applicant a written notice of the decision that specifies\nthe exhibition period for the concurrent application; and\n(b) if a Division of the Development Consent Authority has not\nbeen established for the area of land to which the concurrent\napplication relates – appoint a person, a Division or another\nbody to be the consent authority for the concurrent application;\nand\n(c) give the consent authority a copy of:\n(i) the notice of the decision; and\n(ii) the concurrent application; and\n(iii) any significant development report given to the Minister\nas requested under subsection (3).\n(7) If the Minister makes a decision under subsection (5)(b):\n(a) the decision has the effect that the concurrent application\nlapses; and\n(b) the Minister must give the applicant a written notice of the\ndecision that includes:\n(i) the reasons for the refusal to amend the planning\nscheme; and\n(ii) a statement that the concurrent application has lapsed.\n","sortOrder":45},{"sectionNumber":"30E","sectionType":"section","heading":"Application of Division","content":"30E Application of Division\nThis Division applies if the Minister has decided under\nsection 30D(5)(a) to accept a concurrent application for exhibition.\n\nPlanning Act 1999 33\n","sortOrder":46},{"sectionNumber":"30F","sectionType":"section","heading":"Newspaper notice about concurrent application","content":"30F Newspaper notice about concurrent application\n(1) The Minister must publish in a newspaper circulating in the\nTerritory, or in the area where the land to which the concurrent\napplication relates (the land) is situated, a notice containing the\n(a) a concurrent application is to be placed on exhibition;\n(b) each place where a notice of the details of the application is to\nbe placed on exhibition;\n(c) the application is to be placed on exhibition for the exhibition\nperiod specified in the notice;\n(d) written submissions about the application may be made to the\nconsent authority within the exhibition period;\n(e) a brief summary of the amendment proposal and development\nproposal, which must include the following (as applicable);\n(i) the lot number, Section number or Portion number of the\nland;\n(ii) the street address of the land;\n(iii) the current zone of the land or a statement that no zone\nis currently specified for the land;\n(iv) the zone proposed for the land.\n(2) During the exhibition period, the Minister must publish the notice a\nsecond time.\n(3) The exhibition period for a concurrent application is:\n(a) 28 days starting on the day the notice about the application is\nfirst published; or\n(b) if the Minister considers a longer period is required – the\nperiod determined by the Minister.\n","sortOrder":47},{"sectionNumber":"30G","sectionType":"section","heading":"Exhibition of details of concurrent application","content":"30G Exhibition of details of concurrent application\n(1) The Minister must place a notice of the details of the concurrent\napplication in a prominent position at each place notified under\nsection 30F(1)(b).\n\nPlanning Act 1999 34\n(2) The notice must remain in place for the entire exhibition period.\n","sortOrder":48},{"sectionNumber":"30H","sectionType":"section","heading":"Notice to local government council","content":"30H Notice to local government council\n(1) If the concurrent application relates to land partly or entirely within a\ncouncil area, the Minister must give the local government council\nfor the council area a notice that includes:\n(a) the information contained in the notice published under\nsection 30F(1); and\n(b) an invitation to the local government council to make a written\nsubmission under section 30M.\n(2) The notice must be given on or before the first day of the exhibition\nperiod for the concurrent application.\n(3) In response to the notice, the local government council may:\n(a) make a submission about the proposal under section 30M(1);\nor\n(b) give the consent authority advice or comment on the proposal\nunder section 30M(4).\n","sortOrder":49},{"sectionNumber":"30J","sectionType":"section","heading":"Signs on land to which concurrent application relates","content":"30J Signs on land to which concurrent application relates\n(1) Subject to subsection (4), on or before the first day of the exhibition\nperiod for the concurrent application the Minister must arrange for\none or more signs, as the Minister considers appropriate, to be\nplaced on or in the vicinity of the land to which the application\nrelates (the land).\n(2) The signs must:\n(a) briefly describe the amendment proposal and development\nproposal in the concurrent application; and\n(b) specify the following details, as applicable:\n(i) the current zone of the land;\n(ii) that no zone is currently specified for the land;\n(iii) the zone proposed for the land; and\n(c) state that written submissions about the application may be\nmade to the consent authority within the exhibition period; and\n(d) be placed on, or within a reasonable distance from, the road\nfrontage of the land; and\n\nPlanning Act 1999 35\n(e) be clearly legible to a person from the public road nearest to\n(3) A person must not remove a notice placed on land under\nsubsection (1) until after the end of the exhibition period for the\n(3A) A person commits an offence if:\n(a) a sign is placed on land in accordance with this section; and\n(b) the person intentionally removes the sign; and\n(c) the removal occurred before the end of the period of exhibition\nfor the concurrent application.\nMaximum penalty: 100 penalty units.\n(3B) Strict liability applies to subsection (3A)(a) and (c).\n(4) Subsection (1) does not apply if the Minister considers:\n(a) it is impracticable to comply with the subsection because of\nthe location of the land or the number of parcels of land; and\n(b) it is reasonable to expect that all persons likely to be affected\nby the amendment proposal and development proposal in the\nconcurrent application will receive sufficient notice of it by\nmeans of the notice published under section 30F(1).\nDivision 4 Procedures and decisions relating to concurrent\napplication placed on exhibition\n","sortOrder":50},{"sectionNumber":"30K","sectionType":"section","heading":"Application of Division","content":"30K Application of Division\nThis Division applies only in relation to a concurrent application\nplaced on exhibition under Division 3.\n","sortOrder":51},{"sectionNumber":"30L","sectionType":"section","heading":"Consultation","content":"30L Consultation\n(1) The Minister may give the consent authority a written direction to\ncarry out consultation about the concurrent application in addition to\nconsidering submissions and conducting a hearing under this\nDivision.\n(2) The direction may specify the persons with whom, and the manner\nin which, the consultation is to be carried out.\n\nPlanning Act 1999 36\n","sortOrder":52},{"sectionNumber":"30M","sectionType":"section","heading":"Submissions","content":"30M Submissions\n(1) A person or body may make a written submission to the consent\nauthority about the following:\n(a) the amendment proposal;\n(b) the development proposal.\n(2) The submission must be in writing and lodged with the consent\nauthority within the exhibition period.\n(3) To be received by the consent authority, a submission must:\nand\nof a body or group of persons, the representative.\n(4) A local government council may give the consent authority advice\nor comment on an application.\n(5) Any advice or comment given by a local government council is\n","sortOrder":53},{"sectionNumber":"30N","sectionType":"section","heading":"Conducting hearing","content":"30N Conducting hearing\n(1) If the consent authority receives any submissions about the\nconcurrent application, it must:\n(a) conduct a hearing in relation to the submissions; and\n(b) invite each person and body who have made submissions to\nappear at a hearing and be heard in relation to the application.\n(2) The hearing must be conducted with the minimum of formality and\nin a manner that ensures procedural fairness.\n\nPlanning Act 1999 37\n","sortOrder":54},{"sectionNumber":"30P","sectionType":"section","heading":"Preliminary decision about development proposal","content":"30P Preliminary decision about development proposal\n(1) As soon as practicable after the end of the exhibition period and (if\napplicable) after completing procedures for sections 30L and 30N,\nthe consent authority must make a preliminary decision that, if the\nMinister were to approve the amendment proposal in the concurrent\napplication, the authority would be likely to determine to:\n(a) consent to the development proposal under section 30W(1)(a)\nor (b); or\n(b) refuse to consent to the development proposal under\nsection 30W(1)(c).\n(2) Before making the preliminary decision, the consent authority must\ntake into account all of the following matters in relation to the\nconcurrent application:\n(a) the planning scheme that applies to the land to which the\napplication relates (the land);\n(b) the amendment proposal in the application;\n(c) any significant development report given to the consent\nauthority under section 30D(6)(c)(iii);\n(d) any interim development control order in force for the land;\n(e) any environment protection objective, as defined in\nsection 4(1) of the Waste Management and Pollution Control\nAct 1998, that is relevant to the land;\n(f) any information received as a result of consultations carried\nout, submissions received, or evidence given at a hearing;\n(g) a matter that the Minister has, under section 30ZC(1), directed\nthe consent authority to consider in relation to concurrent\napplications generally;\n(i) the merits of the development proposal as demonstrated in\nthe application;\n(j) the capability of the land to support the development proposal\nand the effect of the proposal on the land, and on other land,\nthe physical characteristics of which may be affected by the\nproposal;\n\nPlanning Act 1999 38\n(k) the public facilities or public open space available in the area\nin which the land is situated and any requirement for the\nfacilities, or land suitable for public recreation, to be provided\nby the applicant;\n(l) the public utilities or infrastructure provided in the area in\nwhich the land is situated and any requirement for:\n(i) public facilities and services to be connected to the land;\nand\n(ii) facilities, infrastructure or land to be provided by the\napplicant;\n(m) the potential impact on the existing and future amenity of the\n(n) the public interest, including (if relevant) how the following\nmatters are provided for in the application:\n(i) community safety through crime prevention principles in\ndesign;\n(ii) water safety;\n(iii) access for persons with disabilities;\n(na) if the development proposal relates to a subdivision or\nconsolidation of land in a Restricted Water Extraction Area –\nwhether the subdivision or consolidation complies with the\nrestrictions of sections 14A and 14B of the Water Act 1992\nand the requirements of section 14C(1) of that Act;\n(o) if the development proposal relates to a subdivision of land on\nwhich a building is, or will be, situated – whether the building\ncomplies, or will comply, with any requirements prescribed by\nregulation in relation to the building (including, for example,\nrequirements about the structural integrity and fire safety of\nthe building);\n(p) any potential impact on natural, social, cultural or heritage\nvalues (including, for example, the heritage significance of a\nheritage place or heritage object under the Heritage Act 2011);\n(q) any beneficial uses, quality standards, criteria, or objectives,\n(r) other matters the consent authority considers relevant.\n\nPlanning Act 1999 39\n(2A) If a development proposal is required to be referred to the NT EPA\nconsent authority must not make a preliminary decision under this\nsection in relation to the development proposal unless:\nmaking of the preliminary decision.\n(3) If the consent authority considers additional information is\nnecessary to enable it to make a preliminary decision, the authority\nmay require the applicant to provide the information.\n","sortOrder":55},{"sectionNumber":"30Q","sectionType":"section","heading":"Report to be given to Minister","content":"30Q Report to be given to Minister\n(1) After making a preliminary decision under section 30P(1), the\nconsent authority must give the Minister a written report about the\n(2) The report must include the following:\n(a) the preliminary decision;\n(b) any submissions the consent authority received about the\nconcurrent application;\n(c) information about any issues raised by submissions or during\nany consultation carried out by the authority;\n(d) information the authority considers the Minister should take\ninto account before making an amendment decision for the\n(3) The Minister may request any other person or body to give the\nMinister a written report about matters relevant to the concurrent\napplication or to anything mentioned in the consent authority's\nreport.\n\nPlanning Act 1999 40\n","sortOrder":56},{"sectionNumber":"30R","sectionType":"section","heading":"Amendment decision and effect of decision","content":"30R Amendment decision and effect of decision\n(1) The Minister must make an amendment decision for the concurrent\napplication as soon as practicable after the Minister has considered\nthe matters mentioned in section 30S.\nSee section 30T(2) and (3) in relation to a concurrent application that is altered\nby the Minister.\n(2) An amendment decision is a decision to:\n(a) approve the amendment proposal:\n(i) as specified in the concurrent application; or\n(ii) as altered by the Minister under section 30T(1); or\n(b) refuse to approve the amendment proposal:\n(i) as specified in the concurrent application; or\n(ii) as altered by the Minister under section 30T(1).\n(3) An amendment decision approving the amendment proposal takes\neffect:\n(a) only if the consent authority consents to the development\nproposal under section 30W(1)(a) or (b) and, after the\ndetermination of any applications under Part 9, issues a\ndevelopment permit under section 54 for the proposal; and\n(b) if a development permit is issued – on the date on which the\ndevelopment permit is issued.\n(4) An amendment decision refusing to approve the amendment\nproposal has the effect that the concurrent application lapses.\n","sortOrder":57},{"sectionNumber":"30S","sectionType":"section","heading":"Matters to be taken into account for amendment decision","content":"30S Matters to be taken into account for amendment decision\n(1) In considering the amendment proposal in the concurrent\napplication, the Minister must take into account all of the following\nmatters in relation to the proposal:\n(a) the planning scheme that applies to the land to which the\nconcurrent application relates (the land);\n(ab) whether the amendment proposal promotes the purpose and\n\nPlanning Act 1999 41\n(ac) any strategic framework in the planning scheme that applies to\nthe land;\n(b) the development proposal in the application;\n(c) any significant development report given to the Minister as\nrequested under section 30D(3);\n(d) any interim development control order in force for the land;\n(e) any environment protection objective, as defined in\nsection 4(1) of the Waste Management and Pollution Control\nAct 1998, that is relevant to the land;\n(f) any report given to the Minister under section 30Q;\n(h) the merits of the amendment proposal and whether the\nproposal is in the public interest;\n(i) the capability of the land to support the amendment proposal\nand the effect of the proposal on the land, and on other land,\nthe physical characteristics of which may be affected by the\nproposal;\n(j) the public facilities or public open space available in the area\nin which the land is situated and the requirement, if any, for\nthe facilities, or land suitable for public recreation, to be\nprovided by the applicant;\n(k) the public utilities or infrastructure provided in the area in\nwhich the land is situated and any requirement for:\n(i) public facilities and services to be connected to the land;\nand\n(ii) facilities, infrastructure or land to be provided by the\napplicant;\n(l) the potential impact on the existing and future amenity of the\n(m) any potential impact on natural, social, cultural or heritage\nvalues (including, for example, the heritage significance of a\nheritage place or heritage object under the Heritage Act 2011);\n(n) any beneficial uses, quality standards, criteria or objectives\n(o) other matters the Minister considers relevant.\n\nPlanning Act 1999 42\n(2) If an amendment proposal is required to be referred to the NT EPA\nMinister must not make an amendment decision under section 30R\nin relation to the amendment proposal unless:\nassessment is required – an environmental approval is\n","sortOrder":58},{"sectionNumber":"30T","sectionType":"section","heading":"Alteration and exhibition of concurrent application","content":"30T Alteration and exhibition of concurrent application\n(1) Before making an amendment decision for the concurrent\napplication, the Minister may decide to alter the amendment\n(2) If the Minister decides to alter the substance of the amendment\nproposal and is satisfied the alteration is extensive or significant:\n(a) the Minister must give notice of the decision to the applicant\nand the consent authority; and\n(b) sections 30F to 30S apply in relation to the altered concurrent\napplication as if it were the original concurrent application; and\n(c) all notices under sections 30F to 30J must specify that they\nrelate to an altered amendment proposal.\n(3) If the Minister decides to alter the amendment proposal and is\nsatisfied the alteration is not extensive or significant, or is merely to\nthe format or style of the proposal, the Minister must make the\namendment decision as soon as practicable after making the\nalteration.\n","sortOrder":59},{"sectionNumber":"30U","sectionType":"section","heading":"Notice of amendment decision","content":"30U Notice of amendment decision\n(1) If the Minister makes an amendment decision to approve an\namendment proposal for the concurrent application, the Minister\nmust give a written notice of the decision and the reasons for the\ndecision to:\n\nPlanning Act 1999 43\n(b) the consent authority.\n(2) The notice to the applicant must specify that:\n(a) the concurrent application is not determined by the\namendment decision; and\n(b) the amendment decision will take effect:\n(i) only if the consent authority consents to the\ndevelopment proposal under section 30W(1)(a) or (b)\nand, after the determination of any applications under\nPart 9, issues a development permit under section 54 for\nthe proposal; and\n(ii) if a development permit is issued – on the date on which\nit is issued.\n(3) If the Minister makes an amendment decision refusing to approve\nthe amendment proposal in the concurrent application, the Minister\nmust give a written notice of the decision to:\n(b) the consent authority; and\n(c) each person who made a submission about the application.\n(4) The notice must include:\n(a) the reasons for the amendment decision; and\n(b) a statement that the concurrent application has lapsed.\n","sortOrder":60},{"sectionNumber":"Div 5","sectionType":"division","heading":"Determination of development proposal and","content":"Division 5 Determination of development proposal and\n","sortOrder":61},{"sectionNumber":"30V","sectionType":"section","heading":"Application of Division","content":"30V Application of Division\nThis Division applies if the consent authority is given a notice under\nsection 30U(1) specifying that the Minister has approved an\namendment proposal for a concurrent application.\n","sortOrder":62},{"sectionNumber":"30W","sectionType":"section","heading":"Determination of development proposal","content":"30W Determination of development proposal\n(1) As soon as practicable after the consent authority is given the\nnotice, it must determine to:\n(a) consent, either conditionally or unconditionally, to the\ndevelopment proposal in the concurrent application; or\n\nPlanning Act 1999 44\n(b) alter the development proposal in the application in the\nmanner it considers appropriate and consent, either\nconditionally or unconditionally, to the development proposal\nas altered; or\n(c) refuse to consent to the development proposal in the\n(2) Before making the determination, the consent authority must take\ninto account:\n(a) the matters included in the authority's report given to the\nMinister under section 30Q(1); and\n(b) any alteration the Minister has made under section 30T(1) to\nthe amendment proposal in the concurrent application.\n(3) Subject to this section, the consent authority must not consent to a\nproposed development except in accordance with any planning\nscheme applicable to the development.\n(4) The consent authority may take into account the effect the\nproposed amendment would have on the planning scheme.\n(4A) The consent authority must refuse to consent to a development\nproposal for the subdivision or consolidation of land in a Restricted\nWater Extraction Area unless the application complies with the\nrestrictions of sections 14A and 14B of the Water Act 1992 and the\n(5) The Minister may consent to a proposed development despite it\nbeing contrary to any strategic framework in the planning scheme\napplicable to the development.\n(6) The Minister may give the Development Consent Authority approval\nto consent to a proposed development despite it being contrary to\nany strategic framework in the planning scheme applicable to the\n(7) The Minister's approval may be obtained by written request setting\nout the Development Consent Authority's reasons for the request.\n(8) The Development Consent Authority is taken to have the Minister's\napproval if the Minister does not respond in writing to the request\nwithin 14 days after receiving the request.\n\nPlanning Act 1999 45\n","sortOrder":63},{"sectionNumber":"30Y","sectionType":"section","heading":"Notice of consent","content":"30Y Notice of consent\n(1) This section applies in relation to a concurrent application if the\nconsent authority determines under section 30W(1)(a) or (b) to\nconsent to the development proposal.\n(2) As soon as practicable after determining the development proposal\nand issuing a development permit under section 54(1), the consent\nauthority must serve a notice of consent on:\n(b) any person (including a local government council) who made a\nsubmission about the development proposal under\nsection 30M.\n(3) The notice of consent must be in the approved form, containing the\n(a) the determination of the development proposal and the\nreasons for the determination;\n(b) the amendment decision and the reasons for the decision;\n(c) details about the right of the applicant to apply for review of\nthe determination of the development proposal under\nsection 114.\nconcurrent application relates, the consent authority must:\n(a) advise the local government council of the determination of\nthe development proposal and the amendment decision; and\n(b) give the local government council a copy of the reasons for\nthe determination and decision.\n(5) The consent authority must make a copy of the notice of consent\navailable for inspection and purchase by the public.\n","sortOrder":64},{"sectionNumber":"30Z","sectionType":"section","heading":"Notice of refusal","content":"30Z Notice of refusal\n(1) This section applies in relation to the concurrent application if the\nconsent authority determines to refuse to consent to the\ndevelopment proposal under section 30W(1)(c).\n(2) As soon as practicable after determining the development proposal,\nthe consent authority must serve a notice of refusal on:\n\nPlanning Act 1999 46\n(b) any person (including a local government council) who made a\nsubmission about the concurrent application in accordance\nwith section 30M.\n(3) The notice of refusal must be in the approved form, containing the\n(a) the determination of the development proposal and the\nreasons for the determination;\n(b) the amendment decision and the reasons for the decision;\n(c) details about the applicant's right to apply for review of the\ndetermination of the development proposal under section 111.\nconcurrent application relates, the consent authority must:\n(a) advise the local government council of the determination of\nthe development proposal and the amendment decision; and\n(b) give the local government council a copy of the reasons for\nthe determination and decision.\n(5) The consent authority must make a copy of the notice of refusal\navailable for inspection and purchase by the public.\n30ZA Determination of concurrent application\n(1) This section applies if the development proposal in the concurrent\napplication is determined:\n(a) by the consent authority under this Division; or\n(b) by the Tribunal under Part 9.\n(2) The determination of the development proposal has the effect of\nalso determining the concurrent application.\n(3) If the determination of the development proposal is a refusal to\nconsent to the proposal:\n(a) the concurrent application lapses; and\n(b) the amendment decision for the application does not take\neffect.\n\nPlanning Act 1999 47\n30ZB Public notice about concurrent application after development\npermit issued\n(1) As soon as practicable after issuing a development permit under\nsection 54 for a development proposal in a concurrent application,\nthe consent authority must publish a notice in a newspaper\ncirculating:\n(a) in the Territory; or\n(b) in the area where the development under the permit will be\ncarried out.\n(2) The notice must contain the following information:\n(a) a statement that:\n(i) a concurrent application has been determined; and\n(ii) in relation to the application, the Minister has approved\nan amendment of a planning scheme; and\n(iii) the consent authority has issued a development permit\nfor a development proposal in connection with that\namendment;\n(b) a brief description of the planning scheme amendment and the\ndevelopment proposal;\n(c) a statement:\n(i) of the date on which the development permit was issued;\nand\n(ii) that the planning scheme amendment took effect on that\ndate;\n(d) the place where copies of the following are available for\ninspection and purchase by the public:\n(i) the amendment decision for the concurrent application\nand the reasons for the decision;\n(ii) the determination of the development proposal in the\napplication and the reasons for the determination.\n\nPlanning Act 1999 48\n","sortOrder":65},{"sectionNumber":"Div 6","sectionType":"division","heading":"Other matters","content":"Division 6 Other matters\n30ZC Minister may direct consent authority\n(1) The Minister may direct the consent authority generally in relation to\na matter under this Part other than:\n(a) the making of a preliminary decision about a particular\ndevelopment proposal in a concurrent application; or\n(b) the determination of a particular development proposal in a\n(2) In the performance of its functions and exercise of its powers under\nthis Part, the consent authority is subject to a direction under\n","sortOrder":66},{"sectionNumber":"31","sectionType":"section","heading":"Interim development control orders","content":"31 Interim development control orders\n(1) If the Minister decides that an amendment to a planning scheme is\nto be made, the Minister may, subject to this section, by notice in\nthe Gazette, make an interim development control order in respect\nof the land or part of the land to which it is proposed the\namendment is to apply.\n(2) An interim development control order may declare that:\n(a) a specified provision of a planning scheme does not apply to\nall or part of the land to which the order relates;\n(b) development specified in the order in all or part of the land to\nwhich the order relates may proceed only with a permit\ngranted under Part 5 by the consent authority specified in the\norder; or\n(c) specified types of development are prohibited,\nand while the order remains in force the provision does not apply,\nor development may only proceed or is prohibited, accordingly.\n(3) The Minister may, in an interim development control order,\nnominate himself or herself or a Division of the Development\nConsent Authority as the consent authority for the purposes of this\nsection in respect of the order or development specified in the\norder.\n\nPlanning Act 1999 49\n(4) An interim development control order takes effect on:\n(a) the date it is notified in the Gazette; or\n(b) if a later date is provided for in the order – that later date.\n(5) An interim development control order remains in force for 2 years or\na lesser period specified in the order.\n(6) An interim development control order must not be made in respect\nof land within 3 months after the day on which a previous interim\ndevelopment control order affecting that land expires, except if it\nrelates to a different matter to the order that has expired.\n","sortOrder":67},{"sectionNumber":"32","sectionType":"section","heading":"Inconsistencies with planning scheme","content":"32 Inconsistencies with planning scheme\n(1) The Minister must not make an interim development control order\nthat allows a development of land that, if the order had not been\nmade, would not be lawful under the planning scheme relating to\n(2) Subject to subsection (1), if there is an inconsistency between an\ninterim development control order and a planning scheme, the\ninterim development control order prevails and the planning\nscheme, to the extent of the inconsistency, has no effect for the\nduration of the order.\nPart 4 Existing uses, existing buildings, existing\nworks and permits\nDivision 1 Existing uses, existing buildings and existing\n33 Existing use, building and works\n(1) For this Part, a use of land is an existing use if the following\n(a) the use was being made immediately before the\ncommencement of a planning scheme, or of an amendment of\na planning scheme, relating to the land;\n(b) the use was lawful under this Act immediately before the\ncommencement:\n(i) as a use permitted without the consent of a consent\nauthority; or\n\nPlanning Act 1999 50\n(ii) as a use permitted under a planning scheme only with\nthe consent of the consent authority and to which the\nconsent authority had consented;\n(c) the use would cease to be lawful after the commencement if\nnot for this Part.\n(2) Also, a use of land is an existing use for this Part if it is permitted\nonly in accordance with an exceptional development permit.\n(3) For this Part, a building is an existing building if the following\n(a) the building was in existence immediately before the\ncommencement of a planning scheme, or of an amendment of\na planning scheme, relating to the land on which the building\nis situated;\n(b) the building was lawful under this Act immediately before the\ncommencement;\n(c) the building would cease to be lawful after the commencement\nif not for this Part.\n(4) For this Part, works are existing works if the following\n(a) the works had been carried out before, or were being carried\nout immediately before, the commencement of a planning\nscheme, or of an amendment of a planning scheme, relating\nto the land on which the works were, or were being, carried\nout;\n(b) the works were lawful under this Act immediately before the\ncommencement;\n(c) the works would cease to be lawful after the commencement if\nnot for this Part.\n","sortOrder":68},{"sectionNumber":"34","sectionType":"section","heading":"Existing use protected","content":"34 Existing use protected\n(1) Subject to subsection (2), a person does not contravene a planning\nscheme only by continuing an existing use after the\ncommencement of a conflicting provision.\n(2) A person may continue an existing use only if:\n(a) the use is restricted to the part of the land on which the use\nwas being made immediately before the commencement of\nthe conflicting provision; and\n\nPlanning Act 1999 51\n(b) the intensity of the use is not greater than the intensity of use\nimmediately before the commencement of the conflicting\nprovision.\n(3) In this section:\nconflicting provision means a provision of a planning scheme, or\nan amendment of a provision of a planning scheme, with which an\nexisting use conflicts.\n","sortOrder":69},{"sectionNumber":"35","sectionType":"section","heading":"Existing works protected","content":"35 Existing works protected\n(1) A person does not contravene a planning scheme only by\ncontinuing existing works (whether or not to completion) after the\ncommencement of a conflicting provision.\n(2) Existing works and any building constructed as part of those works\nmay be used for the purpose for which they were constructed.\n(3) Sections 57 and 59 do not apply to a development permit that\nrelates to existing works.\nconflicting provision means a provision of a planning scheme, or\nan amendment of a provision of a planning scheme, with which\nexisting works conflict.\n","sortOrder":70},{"sectionNumber":"36","sectionType":"section","heading":"Repairs and maintenance of existing building or works","content":"36 Repairs and maintenance of existing building or works\npermitted\nA person does not contravene the development provisions by\ncarrying out work to repair or maintain an existing building or\nexisting works.\n","sortOrder":71},{"sectionNumber":"37","sectionType":"section","heading":"Abandonment of existing use","content":"37 Abandonment of existing use\n(1) If a person discontinues an existing use of land for a continuous\nperiod of not less than 12 months, or a longer period as determined\nby the Minister, the person is conclusively presumed to have\nabandoned that use.\n(2) Within 12 months after an existing use of land is discontinued, an\nowner of the land or a person authorised in writing by the owner\nmay apply to the Minister in writing for an extension of the period\nreferred to in subsection (1).\n\nPlanning Act 1999 52\n(3) The Minister may determine the application by extending or\nrefusing to extend the period during which the existing use may be\ndiscontinued without a person being conclusively presumed to have\nabandoned the use.\n","sortOrder":72},{"sectionNumber":"37A","sectionType":"section","heading":"Application for certificate","content":"37A Application for certificate\n(1) An owner of land may apply to the consent authority for a certificate\ncertifying the extent to which:\n(a) a current use of the land is an existing use; and\n(b) a building or work is an existing building or existing work.\n","sortOrder":73},{"sectionNumber":"37B","sectionType":"section","heading":"Decision to issue certificate","content":"37B Decision to issue certificate\n(1) After considering an application under section 37A, the consent\nauthority must:\n(a) issue the certificate; or\n(b) refuse to issue the certificate.\n(2) The consent authority may:\n(a) describe, in the certificate, the nature and extent of the\nexisting use, existing building or existing work; and\n(b) make the certificate subject to terms and conditions; and\n(c) provide for exceptions or limitations on the certificate.\n(3) If the consent authority refuses to issue the certificate, it must give\nthe applicant notice of the decision with reasons for the refusal.\n(4) A certificate issued under this section is evidence of the facts\ncertified as at the date specified in the certificate.\n","sortOrder":74},{"sectionNumber":"38","sectionType":"section","heading":"Application for permit or variation of permit","content":"38 Application for permit or variation of permit\n(1) A person may apply to the Minister for the grant of an exceptional\n\nPlanning Act 1999 53\n(2) An exceptional development permit may permit any of the following\nin relation to land:\n(a) a development or use of the land, although the development\nor use would otherwise not be lawful under the relevant\nplanning scheme;\n(b) a development or use of the land in substitution for an existing\nuse, although the development or use would otherwise not be\nlawful under the relevant planning scheme;\n(c) a modification or alteration of an existing building or existing\nworks that would have a result other than as referred to in\nsection 43B(1) or (2);\n(d) the demolition and reconstruction of an existing building that is\nused for an existing use of the land.\n(3) The owner of the land to which an exceptional development permit\nrelates may apply for a variation of the permit.\n(4) An application under this section must be in the approved form\ncontaining the applicant's proposal and accompanied by the\nprescribed fee.\n(5) An application under this section that relates to a subdivision or\nconsolidation of land in a Restricted Water Extraction Area must be\naccompanied by the information required by section 14C(1) of the\nWater Act 1992.\n","sortOrder":75},{"sectionNumber":"39","sectionType":"section","heading":"Decision on receipt of application","content":"39 Decision on receipt of application\n(1) After receiving an application under section 38, the Minister may\ndecide:\n(a) to place the proposal in the application on exhibition;\n(b) if the proposal in the application is for a variation of a permit –\nthat the proposal is not so significant as to require exhibition;\nor\n(c) to refuse to grant or vary the exceptional development permit\nwithout placing the proposal in the application on exhibition.\n(2) As soon as reasonably practicable after deciding to place a\nproposal on exhibition or to refuse to grant or vary the permit, the\nMinister must give the applicant written notice of the decision.\n(3) If the Minister decides to place a proposal on exhibition, Part 2,\nDivisions 3, 4 and 5 apply in relation to the proposal.\n\nPlanning Act 1999 54\n","sortOrder":76},{"sectionNumber":"40","sectionType":"section","heading":"Grant or variation of permit or refusal to grant or vary","content":"40 Grant or variation of permit or refusal to grant or vary\n(1) The Minister must not grant an exceptional development permit for\na proposal relating to a development or use referred to in\nsection 38(2)(a) unless the Minister is satisfied it is preferable to\nissue the permit than to amend the relevant planning scheme.\n(2) Subject to subsection (1), if a proposal for the grant of an\nexceptional development permit has been on exhibition and the\nMinister has considered the matters referred to in section 26(2), the\n(a) grant a permit in accordance with the proposal;\n(b) alter the proposal and, if section 27(2) applies in relation to the\naltered proposal, place it on exhibition and take the further\nactions required by virtue of section 27(3);\n(c) alter the proposal and, if section 27(2) does not apply in\nrelation to the altered proposal, grant a permit in accordance\nwith the altered proposal; or\n(d) refuse to grant a permit.\n(3) If a proposal for a variation of an exceptional development permit\nhas been on exhibition and the Minister has considered the matters\nreferred to in section 26(2), the Minister must:\n(a) vary the permit in accordance with the proposal;\n(b) alter the proposal and, if section 27(2) applies in relation to the\naltered proposal, place it on exhibition and take the actions\nrequired by virtue of section 27(3);\n(c) alter the proposal and, if section 27(2) does not apply in\nrelation to the altered proposal, vary the permit in accordance\nwith the altered proposal; or\n(d) refuse to vary the permit.\n(4) If the Minister has decided under section 39 that a proposal to vary\nan exceptional development permit is not so significant as to\nrequire exhibition, the Minister must:\n(a) vary or refuse to vary the permit; or\n(b) alter the proposal and vary the permit in accordance with the\naltered proposal.\n\nPlanning Act 1999 55\n(4A) The Minister must refuse to grant an exceptional development\npermit for the subdivision or consolidation of land in a Restricted\nWater Extraction Area unless the application complies with the\nrestrictions of sections 14A and 14B of the Water Act 1992 and the\n(5) An exceptional development permit may be granted or varied\nsubject to the conditions the Minister thinks fit and specifies in the\npermit or variation.\n(6) The Minister must publish a notice of a decision made under this\nsection in a newspaper circulating in the Territory or in an area to\nwhich the decision relates.\nNote for subsection (6)\n(7) The notice must include the prescribed details.\n","sortOrder":77},{"sectionNumber":"41","sectionType":"section","heading":"Reasons for decision to be available to public","content":"41 Reasons for decision to be available to public\nThe Minister must make available for purchase or inspection by the\npublic a copy of the written reasons for a decision made under\nsection 40.\n","sortOrder":78},{"sectionNumber":"42","sectionType":"section","heading":"Matters to be taken into account when making decision","content":"42 Matters to be taken into account when making decision\n(1) In deciding whether to grant or vary an exceptional development\npermit under section 40, the Minister must take into account the\nmatters specified in section 51(1)(d), (h), (j), (k), (m), (n), (p), (pa),\n(r), (s) and (t).\n(2) If a proposal relating to the development or use of land is required\nto be referred to the NT EPA under Part 4, Division 3 of the\nEnvironment Protection Act 2019, the Minister must not make a\ndecision under section 40 in relation to the proposal unless:\n\nPlanning Act 1999 56\n","sortOrder":79},{"sectionNumber":"42A","sectionType":"section","heading":"Duration of permit","content":"42A Duration of permit\n(1) Subject to this Part, an exceptional development permit remains in\nforce during the base period of the permit and any extension of the\nbase period under this section or section 42B.\n(2) An exceptional development permit does not lapse at the end of the\nbase period but is automatically extended for another 2 years from\nthe date on which it would otherwise lapse if:\n(a) works are substantially commenced in accordance with the\npermit within the base period; and\n(b) a consent is conditional on the carrying out of the works.\n(3) An exceptional development permit that relates to a plan of\nsubdivision or consolidation does not lapse if, within the base\nperiod of the permit or any extension of that period under this\nsection or section 42B, the plan of survey is approved under\nsection 49(3) of the Licensed Surveyors Act 1983.\n(4) Subject to this Part, an exceptional development permit does not\nlapse if:\n(a) a development under the permit includes or consists of the\nestablishment of, or a change in, a use; and\n(b) the use has commenced in accordance with the permit within\nthe base period of the permit or any extension of that period\nunder this section or section 42B.\n","sortOrder":80},{"sectionNumber":"42B","sectionType":"section","heading":"Extension of period of permit","content":"42B Extension of period of permit\n(1) The owner of land to which an exceptional development permit\napplies, or a person authorised in writing by the owner, may apply\nto the Minister for an extension of the period of the permit.\n(2) An application under subsection (1) must:\n(a) be lodged before the permit lapses; and\n(b) be in the approved form; and\n(c) be accompanied by the prescribed fee.\n(3) On receipt of an application under subsection (1), the Minister may:\n(a) extend the period of the permit as the Minister thinks fit; or\n(b) refuse to extend the period of the permit.\n\n","sortOrder":81},{"sectionNumber":"Div 3","sectionType":"division","heading":"Alteration permits for existing buildings or existing works","content":"Division 3 Alteration permits for existing buildings or existing works\nPlanning Act 1999 57\n(4) The Minister must give the applicant a statement of the reasons if\nthe Minister:\n(a) extends the period for a period different from the one\nrequested; or\n(b) refuses to extend the period of the permit.\nDivision 3 Alteration permits for existing buildings or existing\n","sortOrder":82},{"sectionNumber":"43A","sectionType":"section","heading":"Application for alteration permit","content":"43A Application for alteration permit\n(1) A person may apply to the consent authority for an alteration permit\nin relation to an existing building or existing works.\n","sortOrder":83},{"sectionNumber":"43B","sectionType":"section","heading":"Issue or refusal to issue alteration permit","content":"43B Issue or refusal to issue alteration permit\n(1) The consent authority may, in writing, issue an alteration permit if in\nthe opinion of the consent authority:\n(a) the proposed alteration will not materially affect the amenity of\nadjoining or nearby land or premises; and\n(b) the alteration does not authorise a substantive change to the\nexisting building or existing works.\n(2) Despite subsection (1), an alteration permit must not be issued if it\nwill allow an increase in the number of dwellings capable of\nseparate occupancy.\n(3) If the consent authority refuses to issue an alteration permit, the\nconsent authority must give the applicant a statement of the\nreasons for the refusal.\n(4) For subsection (1)(b), a substantive change is:\n(a) a change that increases non-compliance with a measurable\naspect of the development by more than 5%; or\n(b) if the change is not conveniently measurable – an alteration\nthat materially changes the character of the existing building\nor existing works.\n\nPlanning Act 1999 58\n","sortOrder":84},{"sectionNumber":"43C","sectionType":"section","heading":"Conditions may be placed on alteration permit and may be","content":"43C Conditions may be placed on alteration permit and may be\nvaried\n(1) The consent authority may impose on an alteration permit the\nconditions it thinks fit and specifies in the alteration permit.\n(2) The holder of the alteration permit may apply to the consent\nauthority for a variation of the conditions of the permit.\n(3) The application must be in the approved form and accompanied by\n(4) The consent authority may vary the conditions of an alteration\npermit only if it is satisfied about the matters referred to in\nsection 43B(1) and (2) in relation to the proposed variation.\nDivision 4 Certification\n","sortOrder":85},{"sectionNumber":"43D","sectionType":"section","heading":"Certification of compliance with exceptional development","content":"43D Certification of compliance with exceptional development\npermit\n(1) A person may apply to the Minister for a certificate certifying the\nextent of compliance with the conditions of an exceptional\n(2) An application under subsection (1) must be in the approved form\n(3) After considering an application under this section, the Minister\nmust issue a certificate that certifies the extent of compliance.\n(4) A certificate issued under this section is evidence of the facts\ncertified as at the date specified in the certificate.\n","sortOrder":86},{"sectionNumber":"44","sectionType":"section","heading":"When development permit is required","content":"44 When development permit is required\nThis Part applies in any of the following circumstances:\n(a) if a provision of a planning scheme allows development only\nwith the consent of the consent authority;\n(b) if the proposed development is the subdivision or\nconsolidation of land;\n\nPlanning Act 1999 59\n(c) if an interim development control order allows development\nonly with the consent of a consent authority.\n","sortOrder":87},{"sectionNumber":"45","sectionType":"section","heading":"When development permit taken to be issued","content":"45 When development permit taken to be issued\nIf, after a planning scheme is made or amended under Part 2, a\nparticular use of land is permitted only with the consent of the\nconsent authority, a development permit consenting to that use is\ntaken to have been issued if, immediately before the amendment:\n(a) the particular use was permitted on the land without the\nconsent of the consent authority; and\n(b) that particular use was being made of the land.\n","sortOrder":88},{"sectionNumber":"46","sectionType":"section","heading":"Development applications","content":"46 Development applications\n(1) The owner of land, or a person authorised in writing by the owner,\nmay apply to the consent authority for consent to carry out a\ndevelopment on the land.\n(2A) An application under subsection (1) may be made by electronic\ntransmission in the prescribed manner but must not be considered\nby the consent authority until the prescribed fee is paid.\n(3) A development application is to contain the following:\n(aa) the name and contact details of:\n(i) the applicant and any person on whose behalf the\napplication is made; and\n(ii) the owner of the land to which the application relates;\nand\n(iii) any person who entered into an agreement with a\nperson referred to in subparagraph (i) or (ii) to acquire\nan estate or interest in the land to which the application\nrelates; and\n(iv) any person with an interest prescribed by regulation;\n(a) an assessment demonstrating how the proposed development\nwill comply with any planning scheme that applies to the land;\n\nPlanning Act 1999 60\n(b) an assessment demonstrating how the proposed development\nwill comply with an interim development control order, if any,\napplying to the land;\n(c) a statement specifying:\n(i) whether the proposed development is required to be\nreferred to the NT EPA under Part 4, Division 3 of the\nEnvironment Protection Act 2019; and\n(ii) whether the proposed development has been referred to\nthe NT EPA under Part 4, Division 3 of the Environment\nProtection Act 2019;\n(d) an assessment demonstrating the merits of the proposed\ndevelopment;\n(e) a description of the physical characteristics of the land and a\ndetailed assessment demonstrating the land's suitability for\nthe purposes of the proposed development and the effect of\ndevelopment on that land and other land;\n(f) a statement specifying the public facilities or public open\nspace available in the area in which the land is situated,\nwhether land for public facilities or public open space is to be\nprovided by the developer and whether it is proposed that\nfacilities or open space be developed by the developer;\n(g) a statement specifying the public utilities or infrastructure\nprovided in the area in which the land is situated, the\nrequirement for public facilities and services to be connected\nto the land and whether public utilities or infrastructure are to\nbe provided by the developer or land is to be provided by the\ndeveloper for the provision of public utilities or infrastructure;\n(h) an assessment of the potential impact on the existing and\nfuture amenity of the area in which the land is situated;\n(j) an assessment of the benefit or detriment to the public interest\nof the development;\n(ja) in the case of a proposed subdivision or consolidation of land\nin a Restricted Water Extraction Area – the information\nrequired by section 14C(1) of the Water Act 1992;\n(k) in the case of a proposed subdivision of land on which a\nbuilding is situated – a report from a building certifier within the\nmeaning of the Building Act 1993 as to whether the building\nwill cease to comply with the Building Act 1993 if the proposed\ndevelopment were to proceed;\n\nPlanning Act 1999 61\n(l) for the development of land proposed to be the scheme land\nof a proposed or existing scheme, or the development of\nexisting scheme land – a plan in the approved form specifying:\n(i) any information about any building that is, or will be,\nsituated on the scheme land (including, for example,\ninformation about the structural integrity and fire safety\nof the building); and\n(ii) if any part of the development is subject to changes that\nare allowed by regulation – details about that part as\nrequired by regulation; and\n(iii) any other information prescribed by regulation about the\n(3A) Despite subsection (3), the regulations may prescribe a class or\nclasses of development applications that may contain only some of\nthe reports or information specified in that subsection.\n(4) The consent authority may decide to do any of the following in\nrelation to a development application:\n(a) if the application does not contain the information required by\nsubsection (3) or (3A), as applicable – reject the application;\n(b) if the consent authority considers additional information is\nnecessary to enable it to consider the application properly –\nrequire the applicant to provide the information;\n(c) if a proposal to amend a planning scheme has been placed on\nexhibition under Part 2, Division 3, and the consent authority is\nof the opinion that it should not determine the application until\nthe Minister makes a decision about the proposal under\nsection 25(2) – defer consideration and determination of the\napplication under this Part until the decision is made;\n(d) if section 50C applies in relation to the development proposed\nin the application – defer consideration and determination of\nthe application under this Part until the relevant procedures\nunder that section have been completed.\n(5) The consent authority must notify the applicant in writing of a\ndecision under subsection (4).\n(6) An applicant must provide the information required by the consent\nauthority under subsection (4)(b) within 30 days of receiving the\nrequest or any longer period the consent authority may allow.\n\nPlanning Act 1999 62\n(7) The applicant may, in writing, request the consent authority to\nextend the time to provide the information required under\nsubsection (4)(b) if:\n(a) the request is supported by reasons justifying the extension;\nand\n(b) the application has not been rejected under subsection (9).\n(8) If the consent authority refuses a request under subsection (7) to\nextend the time to provide the required information, it must give the\napplicant notice of the decision setting out the reasons for the\nrefusal.\n(9) The consent authority may reject an application if the applicant\ndoes not provide the information within 30 days of receiving the\nrequest or any longer period extended by the consent authority.\nDivision 2 Development applications – notification and\nconsultation\n","sortOrder":89},{"sectionNumber":"47","sectionType":"section","heading":"Public notice of development application","content":"47 Public notice of development application\n(1) Subject to sections 47A and 47B, before the consent authority\ndetermines a development application it must:\n(a) give public notice of the application; or\n(b) require, by written direction, the applicant to give public notice\nof the application.\n(2) The notice must be given in the prescribed manner and form and\nmust include:\n(a) a statement that a development application has been made to\nthe consent authority; and\n(b) the details of the application; and\n(c) an invitation to members of the public to make written\nsubmissions about the application within the period specified\nin the notice; and\n(d) any other information required by the Regulations.\n(4) The consent authority may charge the applicant the reasonable\ncosts of giving notice of an application under this section and\nsections 47B, 48 and 48A.\n\nPlanning Act 1999 63\n(5) The minimum submission period for development applications\nrequiring public notice is:\n(a) for a development or class of developments prescribed by\nregulation – 28 days; or\n(b) for any other development – 14 days.\nNote for subsection (5)\nSee sections 48(1A) and 48A(2A) for minimum submission periods for\ndevelopment applications requiring no or limited public notice.\n(6) The minimum submission period is calculated from the later of:\n(a) the day written notice is given; and\n(b) the day any sign is posted.\n(7) The consent authority must make copies of the development\napplication available to the public.\n","sortOrder":90},{"sectionNumber":"47A","sectionType":"section","heading":"Development application requiring no public notice","content":"47A Development application requiring no public notice\nNo public notice is required for a development application solely for\nconsent to:\n(a) carry out the consolidation of land; or\n(b) subdivide land under the Unit Titles Act 1975 or the Unit Title\nSchemes Act 2009, other than to subdivide vacant land.\n","sortOrder":91},{"sectionNumber":"47B","sectionType":"section","heading":"Development application requiring limited or no notice","content":"47B Development application requiring limited or no notice\n(1) Written notice of the following development applications must be\ngiven in accordance with this section:\n(a) a development application solely for consent to use or develop\nland to accommodate people requiring privacy, as prescribed\nby regulation;\n(b) a development application solely for consent to carry out a use\nor development that will not have a significant effect on the\nexisting and future amenity of the locality, as prescribed by\nregulation.\n(2) The consent authority, or the applicant if so required in writing by\nthe consent authority, must give the notice to any person or class of\nperson prescribed by regulation, unless the development\napplication includes the written consent, in the approved form, of\nthe persons and classes of persons as prescribed.\n\nPlanning Act 1999 64\n(3) The notice must include the information specified in section 47(2).\n(4) For subsection (3), the minimum submission period that may be\nspecified in the notice, under section 47(2)(c), is 7 days.\n","sortOrder":92},{"sectionNumber":"48","sectionType":"section","heading":"Notice to local government council of development application","content":"48 Notice to local government council of development application\n(1) If a development application relates to land within the council area\nof a local government council, the consent authority must give the\nlocal government council a written notice that includes:\n(a) a statement that a development application has been made to\nthe consent authority; and\n(b) the details of the application; and\n(c) an invitation to the local government council to make a\nsubmission about the application within the submission period\nspecified in the notice.\n(1A) If public notice is not required under section 47, the minimum\nsubmission period that may be specified in the notice is 7 days.\n(2) In response to the notice, the local government council may:\n(a) make a submission about the proposal under section 49(3); or\n(b) give the consent authority advice or comment on the proposal\nunder section 49(6).\n(3) Written notice is not required if a development application includes\nthe approved form completed by the applicable local government\ncouncil.\n","sortOrder":93},{"sectionNumber":"48A","sectionType":"section","heading":"Notice to service authority of development application","content":"48A Notice to service authority of development application\n(1) The consent authority may give written notice of a development\napplication to any service authority the consent authority considers\nappropriate.\n(2) Any notice to a service authority must include an invitation to the\nservice authority to provide written advice or comment about the\napplication within the submission period specified in the notice.\n(2A) If public notice is not required under section 47, the minimum\nsubmission period that may be specified in the notice is 7 days.\n(3) The consent authority may, on request from a service authority,\nextend the submission period to provide the advice specified in the\n\nPlanning Act 1999 65\n(4) The consent authority must give the applicant written notice of any\nextension under subsection (3).\n(5) Written notice is not required if a development application includes\nthe approved form completed by the applicable service authority.\n","sortOrder":94},{"sectionNumber":"49","sectionType":"section","heading":"Submissions","content":"49 Submissions\n(1) Any person may make a written submission to the consent authority\nabout a development application to which section 47 applies within\nthe submission period specified in the public notice about the\n(2) A person given notice under section 47B about a development\napplication may make a written submission to the consent authority\nabout the application within the submission period specified in the\n(3) A local government council given notice under section 48 about a\ndevelopment application may make a written submission to the\nconsent authority about the application within the submission period\nspecified in the notice.\n(4) The submission must be in writing and lodged with the consent\nauthority within the submission period.\n(5) To be received by the consent authority, a submission must:\nand\nof a body or group, the representative.\n(6) A local government council may, within the submission period, give\nthe consent authority advice or comment on an application.\n(7) Any advice or comment given by a local government council is\n\nPlanning Act 1999 66\n(8) A person or local government council may request the consent\nauthority to extend a submission period referred to in subsection (4)\nor (6) or both, if the request is supported by reasons justifying the\nextension.\n(8A) The consent authority may, on request, extend a submission period\nreferred to in subsection (4) or (6) or both, if satisfied that:\n(a) the request is not frivolous or vexatious; and\n(b) the need for the extension is due to reasons outside the\ncontrol of the person or local government council making the\nrequest; and\n(c) the extension is justified by special circumstances.\n(8B) The extension of the submission period may not exceed 7 days\nunless a longer period is justified by exceptional circumstances.\n(9) The consent authority must give the applicant written notice of any\nextension under subsection (8).\n","sortOrder":95},{"sectionNumber":"50","sectionType":"section","heading":"Evidence and information","content":"50 Evidence and information\n(1) If a natural person or body corporate makes a submission in\naccordance with section 49(1) or (2), the consent authority may\ninvite the person or a representative of the body to appear before it\nand give evidence in relation to the development application.\n(2) If a local government council makes a submission in accordance\nwith section 49(3), the consent authority must invite a\nrepresentative of the council to appear before it and give evidence\nin relation to the development application.\n(3) If the Minister is the consent authority in relation to the land or\ndevelopment to which a submission relates, the Minister may\nappoint a person or body to receive information from the relevant\nperson or representative mentioned in subsection (1) or (2).\n(4) If appropriate, a person or body appointed under subsection (3)\nmay receive information by telephone or other electronic means.\n(5) The consent authority may adopt or reject any advice or comment it\nreceives from a service authority under section 48A(2) or a local\ngovernment council under section 49(6).\n\nDivision 2A Development application relating to significant development proposal\nPlanning Act 1999 67\nDivision 2A Development application relating to significant\ndevelopment proposal\n50A Significant development proposal\n(1) A proposed development of land is a significant development\nproposal in relation to the land if the development, as proposed:\n(a) requires a development permit; and\n(b) may be significant to future land use and development in the\nTerritory.\n(2) A proposed development of land is taken to be significant to future\nland use and development in the Territory if any of the following\n(a) the carrying out of the development, or subsequent use of the\nland, may have a significant impact on any of the strategic\nplanning mentioned in section 2A(2)(a) or (b);\n(b) the carrying out of the development, or subsequent use of the\nland, may have a significant impact on the natural\nenvironment or existing amenity of:\n(i) that land or adjoining land; or\n(ii) other areas of land;\n(c) another circumstance prescribed by regulation.\n(3) Without limiting subsection (2)(c), a regulation may prescribe a\ncircumstance by reference to:\n(a) the type of development proposed; or\n(b) the extent of the possible impacts of the development, as\nproposed, on the natural environment or existing amenity of\nland.\n","sortOrder":96},{"sectionNumber":"50B","sectionType":"section","heading":"Significant development report","content":"50B Significant development report\n(1) A significant development report is a written report by the\nCommission in relation to a significant development proposal.\n(2) The Commission must give the report to the Minister as soon as\npracticable after it is requested by the Minister under subsection (5)\nor section 30D(3) or 50C.\n\nDivision 2A Development application relating to significant development proposal\nPlanning Act 1999 68\n(3) In considering a significant development proposal, the Commission\nmust take into account the following:\n(a) the purpose and objectives of this Act;\n(b) any strategic framework in the planning scheme applicable to\n(3A) In its report, the Commission must identify and give advice about\nthe possible effects of the proposal on future land use and\ndevelopment in the Territory.\n(4) Without limiting subsection (3)(b), the report may include advice\nabout the following matters:\n(a) the strategic planning implications of the significant\ndevelopment proposal;\n(b) if appropriate – Crown land that may be suitable for the\n(5) The Minister may request the Commission to give a significant\ndevelopment report in relation to a significant development proposal\neven if a concurrent application or development application has not\nyet been made in relation to the proposal.\n","sortOrder":97},{"sectionNumber":"50C","sectionType":"section","heading":"When significant development report may be requested","content":"50C When significant development report may be requested\n(a) a consent authority considers that the proposed development\ndescribed in a development application is a significant\ndevelopment proposal; and\n(b) the Commission has not given the Minister a significant\ndevelopment report in relation to the proposal.\n(2) If the consent authority is the Minister, he or she may request the\nCommission to give the Minister a significant development report in\nrelation to the proposed development.\n(3) If the consent authority is the Development Consent Authority, it\nmust give the development application to the Minister who must\ntake action under subsection (4) or subsections (5) to (7).\n(4) If the Minister considers that the proposed development is not a\nsignificant development, the Minister must return the development\napplication to the Development Consent Authority and direct the\nAuthority to determine the application.\n\nPlanning Act 1999 69\n(5) If the Minister considers that the proposed development is a\nsignificant development proposal, the Minister may:\n(a) direct the Development Consent Authority under section 85(3)\nthat the Minister is the consent authority in relation to the\ndevelopment application; or\n(b) request the Commission to give the Minister a significant\ndevelopment report relating to the significant development\n(6) If the Minister takes action under subsection (5)(a), the Minister\nmay, before determining the development application, request the\nCommission to give the Minister a significant development report in\nrelation to the significant development proposal.\n(7) If the Minister takes action under subsection (5)(b), the Minister\nmay, after considering the significant development report:\n(a) direct the Development Consent Authority under section 85(3)\nthat the Minister is the consent authority in relation to the\ndevelopment application; or\n(b) give the report to the Development Consent Authority,\ntogether with the development application, and direct the\nAuthority to determine the application.\n","sortOrder":98},{"sectionNumber":"50D","sectionType":"section","heading":"Consideration of significant development report","content":"50D Consideration of significant development report\nIf a significant development report requested under section 50C is\ngiven to a consent authority in relation to a development\napplication, the consent authority must take the report into account\nbefore determining the application.\n","sortOrder":99},{"sectionNumber":"51","sectionType":"section","heading":"Matters to be taken into account","content":"51 Matters to be taken into account\n(1) A consent authority must, in considering a development application,\ntake into account any of the following relevant to the development:\n(a) any planning scheme that applies to the land to which the\napplication relates;\n(b) any proposed amendments to such a planning scheme:\n(i) that have been or are on exhibition under Part 2,\nDivision 3;\n\nPlanning Act 1999 70\n(ii) in respect of which a decision has not been made under\nPart 2, Division 5; and\n(iii) that are relevant to the development proposed in the\ndevelopment application;\n(c) an interim development control order, if any, in respect of the\nland to which the application relates;\n(d) an environment protection objective as defined in section 4(1)\nof the Waste Management and Pollution Control Act 1998 that\nis relevant to the land to which the application relates;\n(e) any submissions made under section 49, and any evidence or\ninformation received under section 50, in relation to the\ndevelopment application;\n(f) a matter that the Minister has, under section 85, directed it to\nconsider in relation to development applications generally;\n(h) the merits of the proposed development as demonstrated in\nthe application;\n(j) the capability of the land to which the proposed development\nrelates to support the proposed development and the effect of\nthe development on the land and on other land, the physical\ncharacteristics of which may be affected by the development;\n(k) the public facilities or public open space available in the area\nin which the land is situated and the requirement, if any, for\nthe facilities, or land suitable for public recreation, to be\nprovided by the developer;\n(m) the public utilities or infrastructure provided in the area in\nwhich the land is situated, the requirement for public facilities\nand services to be connected to the land and the requirement,\nif any, for those facilities, infrastructure or land to be provided\nby the developer for that purpose;\n(n) the potential impact on the existing and future amenity of the\n(p) the public interest, including (if relevant) how the following\nmatters are provided for in the application:\n(i) community safety through crime prevention principles in\ndesign;\n(ii) water safety;\n\nPlanning Act 1999 71\n(iii) access for persons with disabilities;\n(pa) for a proposed subdivision or consolidation of land in a\nRestricted Water Extraction Area – whether the subdivision or\nconsolidation complies with the restrictions of sections 14A\nsection 14C(1) of that Act;\n(q) for a proposed subdivision of land on which a building is, or\nwill be, situated – whether the building complies, or will\ncomply, with any requirements prescribed by regulation in\nrelation to the building (including, for example, requirements\nabout the structural integrity and fire safety of the building);\n(r) any potential impact on natural, social, cultural or heritage\nvalues, including, for example, the heritage significance of a\nheritage place or object under the Heritage Act 2011;\n(s) any beneficial uses, quality standards, criteria, or objectives,\n(t) other matters it thinks fit.\n(2) If a development proposal is required to be referred to the NT EPA\nconsent authority must not make a decision under this Division in\nrelation to a development application for the proposal unless:\n(3) When considering a development application under subsection (1),\nthe consent authority must apply the relevant considerations to only\nthose components of the development that triggered the\nrequirement for consent under the planning scheme.\n","sortOrder":100},{"sectionNumber":"52","sectionType":"section","heading":"Limits on consent","content":"52 Limits on consent\n(1) The consent authority must not consent to a proposed development\nthat is contrary to any interim development control order applicable\nto the development.\n\nPlanning Act 1999 72\n(1A) The consent authority must not consent to a proposed development\nfor the subdivision or consolidation of land in a Restricted Water\nExtraction Area unless the application complies with the restrictions\nof sections 14A and 14B of the Water Act 1992 and the\n(2) Subject to subsections (3) and (4), the consent authority must not\nconsent to a proposed development except in accordance with any\nplanning scheme applicable to the development.\n(3) The Minister may consent to a proposed development despite it\nbeing contrary to any strategic framework in the planning scheme\napplicable to the development.\n(4) The Minister may give the Development Consent Authority approval\nto consent to a proposed development despite it being contrary to\nany strategic framework in the planning scheme applicable to the\n(5) The Minister's approval may be obtained by written request setting\nout the Development Consent Authority's reasons for the request.\n(6) The Development Consent Authority is taken to have the Minister's\napproval if the Minister does not respond in writing to the request\nwithin 14 days after receiving the request.\n","sortOrder":101},{"sectionNumber":"53","sectionType":"section","heading":"Determination of development application","content":"53 Determination of development application\nAs soon as practicable after considering a development application\nand the matters referred to in sections 51 and 52, the consent\nauthority must determine to:\n(a) consent, either conditionally or unconditionally, to the\nproposed development;\n(b) alter the proposed development in the manner it thinks fit and\nconsent, either conditionally or unconditionally, to the\nproposed development as altered; or\n(c) refuse to consent to the proposed development.\n","sortOrder":102},{"sectionNumber":"53B","sectionType":"section","heading":"Notice of consent","content":"53B Notice of consent\n(1) This section applies in relation to a development application\ndetermined by the consent authority in accordance with\nsection 53(a) or (b).\n\nPlanning Act 1999 73\n(2) As soon as practicable after determining the development\napplication and issuing a development permit under section 54(1),\nthe consent authority must serve a notice of consent:\n(a) on the applicant; and\n(b) on any person (including a local government council) who\nmade a submission in relation to the development application\nin accordance with section 49.\n(3) The notice of consent must be in the approved form, containing the\n(a) the determination of the consent authority;\n(b) the reasons for the determination;\n(c) particulars about the right of review under Part 9.\ndetermination relates, the consent authority must:\n(a) advise the local government council of the determination; and\n(b) provide the local government council with a copy of the\nreasons for the determination.\n(5) The consent authority must make available for inspection and\npurchase by the public a copy of the notice of consent.\n","sortOrder":103},{"sectionNumber":"53C","sectionType":"section","heading":"Notice of refusal","content":"53C Notice of refusal\n(1) As soon as practicable after a consent authority determines a\ndevelopment application in accordance with section 53(c), the\nconsent authority must serve a notice of refusal:\n(a) on the applicant; and\n(b) on any person (including a local government council) who\nmade a submission in relation to the development application\nin accordance with section 49.\n(2) The notice of refusal must be in the approved form, containing the\n(a) the determination of the consent authority;\n(b) the reasons for the determination;\n(c) particulars about the right of review under Part 9.\n\nPlanning Act 1999 74\n(3) If there is a local government council for the land to which the\ndevelopment application relates, the consent authority must:\n(a) advise the local government council of the determination; and\n(b) provide the local government council with a copy of the\nreasons for the determination.\n(4) The consent authority must make available for inspection and\npurchase by the public a copy of the notice of refusal.\n","sortOrder":104},{"sectionNumber":"54","sectionType":"section","heading":"Development permit","content":"54 Development permit\n(1) Immediately after a consent authority determines a concurrent\napplication to which section 30Y applies, or a development\napplication to which section 53B applies, it must issue a\ndevelopment permit to the applicant.\n(3) A development permit must be in the approved form.\n","sortOrder":105},{"sectionNumber":"55","sectionType":"section","heading":"Conditions may be placed on permits","content":"55 Conditions may be placed on permits\nA consent authority may impose on a development the conditions it\nthinks fit and specifies in the development permit, including a\nprovision for the permit to lapse on a specified date.\n","sortOrder":106},{"sectionNumber":"56","sectionType":"section","heading":"Conditions may relate to stage of development","content":"56 Conditions may relate to stage of development\nA condition under section 55 may:\n(a) provide that the development is permitted in stages specified\nin the permit;\n(b) specify the conditions to be satisfied at the conclusion of a\nstage; and\n(c) specify that if a stage is completed in accordance with the\nconditions specified to relate to that stage, use may be made\nof the part of the development completed at that stage:\n(i) whether the stage completed relates to all or part of the\narea of land to which the permit relates; and\n(ii) although conditions relating to stages yet to be\ncompleted have not been complied with.\n\n","sortOrder":107},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Determination by Minister of application relating to significant development","content":"Division 3A Determination by Minister of application relating to significant development\nproposal\nPlanning Act 1999 75\n","sortOrder":108},{"sectionNumber":"57","sectionType":"section","heading":"Variation of conditions of permit","content":"57 Variation of conditions of permit\n(1) The owner of land to which a development permit relates, or a\nperson authorised by the owner, may at any time before the permit\nlapses apply to the consent authority for a variation of a condition of\nthe permit.\n(3) The consent authority may, in writing, vary a condition of a\ndevelopment permit if:\n(a) the proposed variation will not materially affect the amenity of\nadjoining or nearby land or premises; and\n(b) the variation does not authorise a substantive change to the\ndevelopment approved by the development permit.\n(4) Despite subsection (3)(a), a permit must not be varied if it will allow\nan increase in the number of dwellings capable of separate\noccupancy.\n(5) If the consent authority refuses to vary a condition of a permit in\naccordance with an application, the consent authority must give to\nthe applicant a statement of the consent authority's reasons for the\nrefusal.\n(6) For subsection (3)(b), a substantive change is:\n(a) a change that increases non-compliance with a measurable\naspect of the development permit by more than 5%; or\n(b) if the change is not conveniently measurable – a variation that\nmaterially changes the character of the development approved\nby the development permit.\nDivision 3A Determination by Minister of application relating to\nsignificant development proposal\n","sortOrder":109},{"sectionNumber":"57A","sectionType":"section","heading":"Application of Division","content":"57A Application of Division\nThis Division applies in relation to a development application for\nconsent to carry out a development on land if:\n(a) the development is the subject of a significant development\nreport; and\n\nPlanning Act 1999 76\n(b) the Minister is the consent authority in relation to the\napplication; and\n(c) the Minister makes a determination under Division 3 contrary\nto any of the advice included in the significant development\nreport.\n","sortOrder":110},{"sectionNumber":"57B","sectionType":"section","heading":"Reasons for determination and tabling in Legislative Assembly","content":"57B Reasons for determination and tabling in Legislative Assembly\n(1) The Minister must include in the reasons for the determination\nunder section 53B(3) or 53C(2):\n(a) the details of the significant development report; and\n(b) the reasons why the advice in the report has not been\nfollowed.\n(2) The Minister must, within 6 sitting days of making the\ndetermination, table it in the Legislative Assembly.\n","sortOrder":111},{"sectionNumber":"58","sectionType":"section","heading":"Duration of permit","content":"58 Duration of permit\n(1) Subject to this Part, a development permit remains in force during\nthe base period of the permit and, if the duration of a permit is\nextended under this section or section 59, the period of that\nextension.\n(2) If:\n(a) a consent is conditional on the carrying out of works; and\n(b) those works are substantially commenced in accordance with\nthe permit within the base period of the development permit,\nthe permit does not lapse at the end of the base period of the\npermit but instead is automatically extended for another 2 years\nfrom the date on which it would otherwise lapse.\n(3) A development permit that relates to a plan of subdivision or\nconsolidation does not lapse if, within the base period of the permit\nor any extension of that period under this section or section 59, the\nplan of survey is approved under section 49(3) of the Licensed\nSurveyors Act 1983.\n(4) Subject to this Part, if a development under a development permit\nincludes or consists of the establishment of or a change in a use,\nthe development permit does not lapse if the use has commenced\nin accordance with the permit within the base period of the permit or\n\nPlanning Act 1999 77\nany extension of that period under this section or section 59.\n","sortOrder":112},{"sectionNumber":"59","sectionType":"section","heading":"Extension of period of permit","content":"59 Extension of period of permit\n(1) The owner of land to which a development permit applies, or a\nperson authorised in writing by the owner, may, at any time before\nthe permit lapses, apply to the consent authority for an extension of\nthe period of the permit.\n(3) On receipt of an application under subsection (1), the consent\nauthority may:\n(a) extend the period of the permit as it thinks fit; or\n(b) refuse to extend the period of the permit.\n(4) If the consent authority makes a determination under subsection (3)\nother than in accordance with an application, it must give to the\napplicant a statement of its reasons.\n","sortOrder":113},{"sectionNumber":"59A","sectionType":"section","heading":"Lapse of permit on abandonment of permitted use","content":"59A Lapse of permit on abandonment of permitted use\n(1) This section applies in relation to the following development\npermits:\n(a) a development permit taken to be in force by virtue of\nsection 45;\n(b) a development permit that remains in force by virtue of\nsection 58(4).\n(2) If a person discontinues a permitted use for a continuous period of\nnot less than 12 months, the person is conclusively presumed to\nhave abandoned the permitted use and the development permit is\ntaken to have lapsed.\n(3) Within 12 months after a permitted use is discontinued, an owner of\nthe land or a person authorised in writing by the owner may apply to\nthe consent authority in writing for an extension of the period\nreferred to in subsection (2).\n(4) The consent authority may determine the application by extending\nor refusing to extend the period during which the permitted use may\nbe discontinued without a person being conclusively presumed to\nhave abandoned the use.\n\nPlanning Act 1999 78\n(5) In this section:\npermitted use means a use of land that is taken to be permitted by\na development permit referred to in subsection (1)(a) or is permitted\nby a development permit referred to in subsection (1)(b).\n","sortOrder":114},{"sectionNumber":"60","sectionType":"section","heading":"Planning scheme may require consultation or agreement","content":"60 Planning scheme may require consultation or agreement\n(1) In this section, referral authority means:\n(a) a statutory corporation;\n(b) a body corporate;\n(c) the holder of a statutory office under a law of the Territory or\nthe Commonwealth;\n(d) an Agency; or\n(e) a local government council or a minister,\nthat or who is specified in a planning scheme for the purposes of\nthis section.\n(2) A planning scheme may specify that a consent authority must not\nconsent to a development taking place unless it has consulted with,\nor obtained the agreement of, a referral authority.\n(3) If a planning scheme specifies that the agreement of a referral\nauthority must be obtained before the consent authority consents to\na development taking place, the planning scheme must specify the\nmatters that the referral authority must take into account in\nconsidering whether to agree.\n(4) A referral authority may, by notice in writing to the consent\nauthority, specify circumstances in which the consultation or\nagreement required by a planning scheme may be assumed to\nhave taken place or been given.\n(5) A consent authority must not consent to a development unless:\n(a) if a planning scheme requires the consent authority to consult\nwith a referral authority before consenting:\n(i) the consent authority has consulted with the referral\nauthority; or\n\nPlanning Act 1999 79\n(ii) the circumstances in which the consultation required by\nthe planning scheme may be assumed to have taken\nplace exist in relation to the development application; or\n(b) if a planning scheme requires the consent authority to obtain\nthe agreement of a referral authority before consenting:\n(i) the consent authority has obtained the agreement; or\n(ii) the circumstances in which the agreement may be\nassumed to have been given exist.\n","sortOrder":115},{"sectionNumber":"61","sectionType":"section","heading":"Subdivisions and consolidations of land","content":"61 Subdivisions and consolidations of land\n(1) The subdivision or consolidation of land must be done in\naccordance with a plan of survey approved under section 49(3) of\nthe Licensed Surveyors Act 1983.\n(a) the person intentionally subdivides or consolidates land; and\n(b) the subdivision or consolidation is not in accordance with a\nplan of survey approved under section 49(3) of the Licensed\nSurveyors Act 1983 and the person is reckless in relation to\nthat result.\n","sortOrder":116},{"sectionNumber":"62","sectionType":"section","heading":"Surveyor-General can only approve survey if consent given","content":"62 Surveyor-General can only approve survey if consent given\n(1) The Surveyor-General must not approve under section 49(3) of the\nLicensed Surveyors Act 1983 a plan of survey submitted under that\nsection for a subdivision or consolidation of land unless satisfied\nthat:\n(a) consent under this Part has been given for the subdivision or\nconsolidation; and\n(b) if works are required under this Part to be carried out:\n(i) they have been carried out in accordance with the\nrequirements of the consent authority; or\n(ii) security to the satisfaction of the consent authority has\nbeen given for the due completion of the works.\n\nPlanning Act 1999 80\n(2) If land proposed to be subdivided is, or the land to be consolidated\nis to be, the subject of a lease from the Territory containing\nconditions in relation to the development, the security referred to in\nsubsection (1) may, if the consent authority thinks fit, be the lease.\n","sortOrder":117},{"sectionNumber":"63","sectionType":"section","heading":"Purported subdivision or consolidation prohibited","content":"63 Purported subdivision or consolidation prohibited\n(1) A transaction purporting to subdivide or consolidate land must not\ncontravene this Part.\n(1A) A person commits an offence if:\n(a) the person intentionally enters into a transaction; and\n(b) the transaction purports to subdivide or consolidate land and\nthe person is reckless in relation to that circumstance; and\n(c) the purported subdivision or consolidation would contravene\nthis Part and the person is reckless in relation that result.\n(2) A transaction purporting to subdivide or consolidate land in\ncontravention of this Part is void.\n","sortOrder":118},{"sectionNumber":"64","sectionType":"section","heading":"Service easements","content":"64 Service easements\n(1) If a plan of survey approved under section 49(3) of the Licensed\nSurveyors Act 1983 for the subdivision or consolidation of land is\nlodged for registration, as a plan of subdivision, under section 51 of\nthe Land Title Act 2000 with the Registrar-General and is\nregistered:\n(a) all land shown on the plan of survey as a road, street,\npassage, court, alley, thoroughfare or cul-de-sac vests in fee\nsimple in the Territory and vests, for the purpose specified in\nthe plan of survey, in the service authority or local government\ncouncil specified in the plan of survey under subsection (4); or\n(b) all land shown on the plan of survey as a square, park, water\nor drainage reserve, reserve or other similar open space vests\nin fee simple in the service authority or local government\ncouncil specified in the plan of survey under subsection (4),\nby virtue of this section and without further assurance, freed and\ndischarged of all interests, trusts, restrictions, dedications,\nreservations, obligations, mortgages, encumbrances, contracts,\nlicences, charges and rates of any kind.\n\nPlanning Act 1999 81\n(2) If a plan of survey referred to in subsection (1) is registered under\nthe Land Title Act 2000, the Registrar-General must make the\nentries that he or she thinks necessary for the purpose of recording\nin the land register kept under the Land Title Act 2000, in relation to\nthe affected land:\n(a) that the plan of survey has been deposited and registered; or\n(b) the vesting of the land under subsection (1).\n(3) A road, street, passage, court, alley, thoroughfare or cul-de-sac\nvested under subsection (1) is a road within the meaning and for\nthe purposes of the Control of Roads Act 1953 and the Local\nGovernment Act 2019.\n(4) A plan of survey referred to in subsection (1) may indicate that land\ndelineated in it is subject to or intended to be subject to an\neasement or covenant in favour of a specified service authority or\nlocal government council.\n(5) If a plan of survey referred to in subsection (1) indicates an\nintended easement or covenant in favour of a specified service\nauthority or local government council and describes it by a\ndescription specified in the Schedule or in a regulation made for the\npurposes of this section then, on the registration of the plan of\nsubdivision under the Land Title Act 2000:\n(a) the intended easement or covenant is to be an easement or\ncovenant although it may be an easement in gross or a\ncovenant in gross; and\n(b) without limiting the power that it may have under any other law\nin force in the Territory, the service authority or local\ngovernment council:\n(i) is to have the use and benefit of the easement or\ncovenant for the purposes; and\n(ii) has for itself and its agents, servants and workmen all\nthe powers,\nspecified in Schedule 3 to the Law of Property Act 2000 or that\nregulation, as the case may be, in relation to that easement or\ncovenant.\n(6) If, by virtue of this section, land is the subject of an easement or\ncovenant, the Registrar-General must make the entries in relation\nto the land in the land register kept under the Land Title Act 2000\nthat he or she thinks necessary to evidence the easement or\ncovenant.\n\nPlanning Act 1999 82\n(7) If:\n(a) a pipe, duct, wire, pole or other thing that is attached to or\nconstructed on, under or above the surface of, land is, by\nvirtue of this section, subject to an easement; and\n(b) it was attached to the land or constructed for or in relation to a\npurpose described in the Schedule or a regulation made for\nthe purposes of this section,\nit is not to be taken to be a fixture to the land for the purpose of\ngiving the proprietor of the land a proprietary interest in it.\n(8) A service authority or local government council that is the proprietor\nof an easement referred to in this section may allow any other\nperson, himself or herself or by his or her employees, agents or\nworkers, to enter on and do anything on the land subject to the\neasement that the proprietor of the easement can do as the\nproprietor.\n(9) A proprietor of land on which is located an easement referred to in\nthis section must not hinder or obstruct a person entering on or\ndoing anything on the land in pursuance of the authority of the\nservice authority or local government council.\n(10) For the purposes of this section, service authority includes a\nperson declared to be a service authority under subsection (11).\n(11) The Minister may, by notice in the Gazette, declare a person to be\na service authority for the purposes of this section.\n","sortOrder":119},{"sectionNumber":"65","sectionType":"section","heading":"Certification of compliance with permit or Part","content":"65 Certification of compliance with permit or Part\n(1) A person may apply to the consent authority for a certificate, in the\napproved form, certifying the extent of compliance with the\n(a) the conditions of a development permit;\n(b) the conditions of an alteration permit;\n(c) the requirements of this Part in relation to land.\n\nPlanning Act 1999 83\n(3) After considering an application under this section, the consent\nauthority must issue a certificate that certifies the extent of\ncompliance.\n(4) A certificate issued under this section is prima facie evidence of the\nfacts certified as at the date specified in the certificate.\n","sortOrder":120},{"sectionNumber":"66","sectionType":"section","heading":"Minister may revoke or modify permit","content":"66 Minister may revoke or modify permit\n(1) Subject to this section, the Minister may, by notice in the Gazette,\nrevoke or modify a development permit.\n(2) The Minister must not revoke or modify a development permit\nunless the Minister has:\n(a) served notice in writing, in the approved form, on:\n(i) the owner or occupier of the land; or\n(ii) the person apparently using or developing the land,\nof the proposal to revoke or modify the permit;\n(b) required the Chair to carry out an inquiry under section 144;\nand\n(c) considered the report provided under section 144.\n(3) Before making its report, the Chair or person appointed under\nsection 144(2) to conduct the inquiry must give the persons on\nwhom the notice under subsection (2) was served an opportunity to\nbe heard in relation to the proposed report.\n(4) As soon as practicable after receiving the report under section 144,\nthe Minister must decide whether or not to revoke or modify the\n(5) The Minister must notify, in writing, the persons served with a notice\nunder subsection (2)(a) of the decision made under subsection (4).\n(6) A person commits an offence if:\n(a) the person is served with a notice under subsection (2)(a); and\n(b) the person intentionally continues to use or develop the land;\nand\n\nPlanning Act 1999 84\n(c) the use or development is only permitted under the permit\nreferred to in the notice.\nDefault penalty: 2 penalty units.\n(6A) Strict liability applies to subsection (6)(a) and (c).\n(6B) It is a defence to a prosecution for an offence against\nsubsection (6) if:\n(a) the defendant took reasonable steps and exercised due\ndiligence to prevent the commission of the offence; or\n(b) the conduct occurred after the person received a notice under\nsubsection (5) that the Minister decided not to revoke or\nmodify the permit.\n(7) A person commits an offence if:\n(a) a permit is modified under subsection (4); and\n(b) the person is served with a notice under subsection (5) that\nthe permit was modified; and\n(c) the person intentionally continues to use or develop the land;\nand\n(d) the use or development is not permitted under the permit as\nmodified.\n(7A) Strict liability applies to subsection (7)(a), (b) and (d).\n(7B) It is a defence to a prosecution for an offence against\nsubsection (7) if the defendant took reasonable steps and exercised\ndue diligence to prevent the commission of the offence.\n(8) After receiving notice under subsection (6) that the Minister has\ndecided not to revoke or modify a permit, an applicant may use or\ndevelop the land to which the permit relates, under and in\naccordance with the permit.\n\nPlanning Act 1999 85\n","sortOrder":121},{"sectionNumber":"67","sectionType":"section","heading":"Definition","content":"67 Definition\nIn this Part, infrastructure means prescribed capital works but\ndoes not include:\n(a) the repair or maintenance of capital works;\n(b) works required as a condition of a development permit to be\ncarried out on the land to which the permit relates; or\n(c) the provision of public car parking.\n","sortOrder":122},{"sectionNumber":"68","sectionType":"section","heading":"Making contribution plans","content":"68 Making contribution plans\n(1) A local government council or service authority may make a\ncontribution plan in accordance with this section.\n(2) If a local government council or service authority proposes to make\na contribution plan, it must notify the public of the following\n(a) that the proposed contribution plan will be exhibited;\n(b) the place where the proposed plan may be viewed;\n(c) that submissions may be made in relation to the plan.\n(3) The notice under subsection (2) must be published in a newspaper\nthat:\n(a) in the case of a local government council – circulates in the\ncouncil area in respect of the local government council; and\n(b) in the case of a service authority – circulates in the Territory.\n(4) The proposed contribution plan must be exhibited at the place\nspecified in the notice for not less than 28 days.\n(5) After considering any submissions made in relation to the proposed\ncontribution plan, the local government council or service authority\nmay make the contribution plan as originally proposed or varied as\nit considers appropriate.\n(6) A contribution plan takes effect as follows:\n(a) if no date is specified in the Gazette notice – the date it is\nnotified in the Gazette;\n\nPlanning Act 1999 86\n(b) if a date is specified in the Gazette notice – the date specified\nin the notice.\n(7) A local government council and service authority must ensure that\nall contribution plans proposed or made by it are available for\ninspection and purchase by members of the public.\n(8) After 90 days from the date of the Gazette notice, a contribution\nplan cannot in any legal proceedings be declared to be of no effect\nby virtue only of a defect or irregularity in the procedure for making\nthe plan.\n","sortOrder":123},{"sectionNumber":"69","sectionType":"section","heading":"Content of contribution plan","content":"69 Content of contribution plan\n(1) A contribution plan may specify that the owner of land on which a\ndevelopment of a type specified in the plan occurs will be required\nto contribute towards the provision of infrastructure or public car\nparking, as the case may be, in accordance with the plan.\n(2) A contribution plan that is made by a local government council\napplies only to land within the local government council's council\n(3) A contribution plan relates to the policy area specified in the plan,\nbeing land that can appropriately be treated as a discrete area for\nthe provision of infrastructure or public car parking of the type\nspecified in the plan because of:\n(a) the location of the land;\n(b) land uses in the area of land or other common identifiable\ncharacteristics;\n(c) the anticipated future development of the area of land; and\n(d) the infrastructure or public car parking that is or will be\nrequired on the area of land.\n(4) A contribution plan is to contain:\n(a) a description of the infrastructure or public car parking that is\nor will be required in the policy area specified in the plan;\n(b) a statement of the intended order in which works relating to\nthe development of the infrastructure or public car parking are\nto occur;\n(c) an estimate of, and the method for calculating, the capital cost\nof works relating to each type of infrastructure or each public\ncar park;\n\nPlanning Act 1999 87\n(d) in relation to each type of infrastructure for which a\ncontribution is required – a formula for calculating the\ncontribution, determined having regard to prescribed types of\ninformation or estimations and descriptions or other\ninformation referred to in this section;\n(e) in relation to public car parking – a formula for calculating the\ncontribution, determined having regard to:\n(i) the value of the land necessary for an off-street car park\nin the policy area; and\n(ii) the estimated cost of construction of public car parking\nspaces on that land, using the most appropriate or cost\neffective form of construction, whether ground level or\nmulti-level and having regard to all the circumstances in\nthe policy area; and\n(f) other prescribed information.\n(5) A formula referred to in subsection (4)(d) may relate to the\n(a) the intensity of a development;\n(b) the anticipated increased usage of proposed infrastructure as\na consequence of a development of a particular type;\n(c) other factors specified in the contribution plan.\n","sortOrder":124},{"sectionNumber":"70","sectionType":"section","heading":"Contribution towards car parking","content":"70 Contribution towards car parking\n(1) This section applies to a development in a policy area.\n(2) A planning scheme may require a particular type of development to\nprovide for car parking as part of the development to meet the\nexpected increased demand for car parking spaces in the policy\narea as a consequence of the development.\n(3) If a planning scheme requires a certain number of car parking\nspaces to be provided as part of a development, the consent\nauthority may determine, as a condition of the development permit,\nthat a different number of car parking spaces may be provided or\nno car parking spaces need be provided.\n(4) The consent authority must not make such a determination unless:\n(a) it has considered all the circumstances of the particular case;\nand\n\nPlanning Act 1999 88\n(b) it is satisfied the intent of the planning scheme will still be\nfulfilled.\n(5) If a condition of a development permit requires a certain number of\ncar parking spaces to be provided as part of the development, the\npermit may include a condition that a contribution may be paid to\nthe local government council for the policy area instead of providing\na specified number of those parking spaces.\n(6) The contribution payable to the local government council must be\ncalculated in accordance with section 71.\n","sortOrder":125},{"sectionNumber":"71","sectionType":"section","heading":"Contribution payable","content":"71 Contribution payable\n(1) The requirement to pay a contribution is taken to be a condition of\nthe development permit in respect of which the contribution is\npayable and, subject to subsection (7), the contribution is payable\nin accordance with this Part by the owner of the land to which the\npermit relates.\n(1A) The owner's contribution for infrastructure or car parking in the plan:\n(a) is calculated as part or all of the total cost of the infrastructure\nor car parking; and\n(b) is proportional to the anticipated future use of the\ninfrastructure or car parking attributable to the development of\nNote for subsection (1A)(a)\nThe total cost would include all costs, whether incurred before or after the\ncontribution plan is made.\n(1B) For subsection (1A)(a), the total cost of infrastructure or car parking\nin the plan must be calculated by reference to the most appropriate\nand cost-effective form of construction.\n(2) A contribution to be provided in accordance with this Part is\npayable:\n(a) if the development consists only of a change in the use to\nwhich the land may be put – before the commencement of the\nnew use;\n(b) if it is a condition of a development permit relating to the\ndevelopment that, at the completion of each specified stage of\nthe development, a specified number of car parking spaces\nare to be provided or a proportion of the total contribution as\nassessed by the local government council in accordance with\nthe contribution plan is to be payable – at the completion of\n\nPlanning Act 1999 89\neach stage and before commencement of the use of that part\nof the development in accordance with the conditions of the\npermit;\n(c) if a time for payment is specified in a written agreement with\nthe person who is required to provide the contribution – at that\ntime; or\n(d) in a case to which paragraph (a), (b) or (c) does not apply – on\ncompletion of the development and before commencement of\nthe use to which the development relates.\n(3) A local government council or service authority may, by notice in\nwriting to the owner of land to which a contribution plan made by\nthe council or the authority applies, demand that the owner pay the\ncontribution assessed in accordance with the plan in respect of a\ndevelopment on the land.\n(4) A demand may only be made under subsection (3) if the amount, or\npart of the amount, has become payable under subsection (2).\n(5) If a demand for contribution is made under subsection (3) to an\nowner of land, he or she must pay the amount specified in the\nnotice in accordance with the terms of the notice.\n(6) If a demand for contribution is made under subsection (3) to an\nowner of land in relation to development on that land, the balance\nfrom time to time outstanding of the amount demanded is an\noverriding statutory charge, within the meaning of the Land Title\nAct 2000, on the land.\n(7) If a declaration has been made under section 73 or an order has\nbeen made under section 125(6) or 130(5), this section applies with\nthe necessary changes in relation to the payment of an amount of\ncontribution to which the declaration or order relates.\n(8) The amount of any money spent by an owner of land in\nconstructing infrastructure required under this Part is to be set-off\nagainst the contribution payable by the owner under this Part, but is\nnot to exceed the amount of the contribution payable.\n","sortOrder":126},{"sectionNumber":"72","sectionType":"section","heading":"Duties of local government council and service authority","content":"72 Duties of local government council and service authority\n(1) A local government council and service authority to which money is\npaid in accordance with this Part must:\n(a) maintain for each contribution plan an account to provide the\ninfrastructure or car parking spaces; and\n\nPlanning Act 1999 90\n(b) pay money received by it in accordance with this Part into the\naccount; and\n(c) within a reasonable time, use the money to provide for, or\nreimburse its costs in previously providing, the infrastructure\nor car parking for which the contribution was provided.\n(2) In the case of a local government council, the account referred to in\nsubsection (1)(a) must be an authorised deposit account as defined\nin the Local Government Act 2019.\n","sortOrder":127},{"sectionNumber":"73","sectionType":"section","heading":"Discount, interest rate etc.","content":"73 Discount, interest rate etc.\n(1) A local government council or service authority may declare:\n(a) that a discount is to be given for the prompt payment, or the\npayment in advance, of a contribution payable under this Part;\n(b) the rate or rates of a discount referred to in paragraph (a) and\nthe circumstances in which it is to be given;\n(c) the rate of interest payable on a contribution or part of a\ncontribution if, in each case, the contribution is paid late; or\n(d) that a refund or remittance of all or part of a contribution\notherwise payable is to be made in the special circumstances\nof a particular case.\n(1A) The declaration under subsection (1) must be:\n(a) in the case of a body corporate – in the form of a resolution; or\n(b) in any other case – in the manner and form prescribed by\nregulation.\n(2) The interest payable under subsection (1)(c) is to be:\n(a) calculated on the amount outstanding from time to time on a\nmonthly basis until the contribution is paid in full; and\n(b) not more than:\n(i) the prescribed rate of interest; or\n(ii) in the case of a local government council – the rate of\ninterest payable to it on rates payable under the Local\nGovernment Act 2019 but not paid when due and\npayable.\n\nPlanning Act 1999 91\n(3) A person may apply to the local government council or service\nauthority for a refund or remittance, in the special circumstances of\nthe person, of all or part of a contribution otherwise payable by the\nperson under this Part.\n","sortOrder":128},{"sectionNumber":"74","sectionType":"section","heading":"Enforcement of contribution plan","content":"74 Enforcement of contribution plan\nIf a contribution is to be paid to a local government council or\nservice authority under this Part, it may:\n(a) if it is the Territory – take proceedings to recover the\ncontribution; and\n(b) if it is a local government council or a statutory corporation – in\nits own name take proceedings to recover the contribution;\nand\n(c) if it is a minister – in the name of the Territory take\nproceedings to recover the contribution.\n","sortOrder":129},{"sectionNumber":"75","sectionType":"section","heading":"Use or development contravenes planning scheme","content":"75 Use or development contravenes planning scheme\n(1) Land must not be used or developed in contravention of the\nplanning scheme that applies to the land, except in accordance with\na permit.\n(b) the use or development contravenes the planning scheme that\napplies to the land and the person is reckless in relation to that\nresult.\nsubsection (2) if the use or development is in accordance with a\n\nPlanning Act 1999 92\n","sortOrder":130},{"sectionNumber":"75A","sectionType":"section","heading":"Use or development contravenes interim development control","content":"75A Use or development contravenes interim development control\norder\n(1) Land must not be used or developed in contravention of an interim\ndevelopment control order, except in accordance with a permit in\nforce immediately before the order was made.\n(b) the use or development contravenes an interim development\ncontrol order and the person is reckless in relation to that\nresult.\nsubsection (2) if the use or development is in accordance with a\npermit that was in force immediately before the order was made.\n","sortOrder":131},{"sectionNumber":"75B","sectionType":"section","heading":"Use or development contravenes permit","content":"75B Use or development contravenes permit\n(1) A person must not use or develop land in a manner that is only\npermitted in accordance with a permit:\n(a) except in accordance with the permit; and\n(b) subject to section 56(c), until all the conditions of the permit\nthat must be complied with before the use is permitted have\nbeen complied with.\n(b) the use and development is only permitted in accordance with\na permit; and\n(c) the use or development is not in accordance with the permit\nand the person is reckless in relation to that result.\n\nPlanning Act 1999 93\n","sortOrder":132},{"sectionNumber":"75C","sectionType":"section","heading":"Clearing native vegetation","content":"75C Clearing native vegetation\n(1) Land must not be developed by clearing it of native vegetation\nexcept in accordance with any of the following that applies in\nrelation to the land:\n(a) a planning scheme;\n(b) an interim development control order;\n(c) a permit.\n(a) the person intentionally engages in conduct; and\n(b) the conduct results in the clearing of native vegetation on land\nand the person is reckless in relation to that result; and\n(c) the clearing of native vegetation was not in accordance with:\n(i) a permit or an interim development control order that\napplies to the land; or\n(ii) if no permit or interim development control order applies\nto the land – a planning scheme that applies to the land.\n(3) Strict liability applies to subsection (2)(c).\n","sortOrder":133},{"sectionNumber":"75D","sectionType":"section","heading":"Contravention of enforcement notice","content":"75D Contravention of enforcement notice\n(a) the person is issued an enforcement notice; and\n(b) the person intentionally contravenes a requirement of that\n(2) Strict liability applies to subsection (1)(a).\n\nPlanning Act 1999 94\n","sortOrder":134},{"sectionNumber":"75E","sectionType":"section","heading":"Failure to identify","content":"75E Failure to identify\n(a) the person is requested by an authorised officer under\nsection 76K to state the person's name and address; and\n(b) the person:\n(i) fails to state the person's name and address; or\n(ii) states a name that is false in a material particular; or\n(iii) states an address other than the full and correct address\nof the person's usual place of residence or work.\n(2) An offence against subsection (1) is an offence of strict liability.\nsubsection (1) if the defendant has a reasonable excuse.\n(4) Despite subsection (1), it is not an offence for the person to fail to\ncomply with a request made under section 76K if the authorised\nofficer or police officer who made the request did not inform the\nperson, at the time the request was made, that it is an offence to fail\nto comply with the request.\n","sortOrder":135},{"sectionNumber":"76","sectionType":"section","heading":"Authorised officers","content":"76 Authorised officers\n(1) The Minister may, in writing, appoint authorised officers.\n(2) The Minister must not appoint a person to be an authorised officer\nunless satisfied that the person has the skills, qualifications, training\nand experience to properly perform the functions of an authorised\nofficer.\n(3) For subsection (2), the Minister may require that a person\nsuccessfully complete a course of training specified by the Minister\nbefore the person may be appointed as an authorised officer.\n","sortOrder":136},{"sectionNumber":"76A","sectionType":"section","heading":"Authorised officer's functions and powers","content":"76A Authorised officer's functions and powers\n(1) An authorised officer has the following functions:\n(a) to monitor compliance with this Act, conduct investigations\nand deal with complaints and other matters;\n\nPlanning Act 1999 95\n(b) to issue infringement notices and enforce this Act;\n(c) to participate in proceedings before the consent authority;\n(d) any other functions conferred on the authorised officer under\nthis or any other Act.\n(2) An authorised officer has the powers necessary to perform the\nofficer's functions.\n(3) An authorised officer is subject to direction from the Chair and the\nMinister.\n","sortOrder":137},{"sectionNumber":"76B","sectionType":"section","heading":"Identity card","content":"76B Identity card\n(1) The Chief Executive Officer must give an authorised officer an\nidentity card stating the person's name and that the person is an\nauthorised officer.\n(2) The identity card must:\n(a) display a recent photograph of the authorised officer; and\n(b) state the card's date of issue; and\n(c) be signed by the officer.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":138},{"sectionNumber":"76C","sectionType":"section","heading":"Return of identity card","content":"76C Return of identity card\n(1) A person who ceases to be an authorised officer must return the\nperson's identity card to the Chief Executive Officer within 21 days\nafter the cessation.\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\nsubsection (1) if the person has a reasonable excuse.\n","sortOrder":139},{"sectionNumber":"76D","sectionType":"section","heading":"Obstruction of authorised officer","content":"76D Obstruction of authorised officer\n(a) the person intentionally obstructs another person; and\n(b) the other person is an authorised officer; and\n\nPlanning Act 1999 96\n(c) the authorised officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(b).\n(3) In this section:\nacting in an official capacity, in relation to an authorised officer,\nmeans the officer is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\nobstruct includes hinder and resist.\n","sortOrder":140},{"sectionNumber":"76E","sectionType":"section","heading":"Authorised officer's identity card","content":"76E Authorised officer's identity card\n(1) An authorised officer must carry the authorised officer's identity\ncard when exercising a power under this Act.\n(2) Before exercising a power under section 76F, an authorised officer\nmust produce the authorised officer's identity card on the request of\nthe occupier or a person apparently in charge of the premises.\n","sortOrder":141},{"sectionNumber":"76F","sectionType":"section","heading":"Powers of authorised officer or police officer","content":"76F Powers of authorised officer or police officer\n(1) An authorised officer or a police officer may exercise the powers\nspecified in this section for the purpose of investigating a\ncontravention of this Part or the regulations if the officer believes on\nreasonable grounds that the contravention has occurred, is\noccurring or is likely to occur.\n(2) Subject to subsection (1), an authorised officer or a police officer\nmay exercise the following powers:\n(a) enter and inspect land or premises;\n(b) inspect any book, document or other record;\n(c) remove for copying any book, document or record;\n(d) seize and remove any thing that the officer believes on\nreasonable grounds to be evidence of the contravention;\n(e) take photographs, record images or make other records of\npersons, land, premises or things;\n(f) measure anything, or take samples of anything found on land\nor premises;\n\nPlanning Act 1999 97\n(g) require any person on land or premises being inspected to\ngive reasonable assistance the officer requires to perform the\nofficer's powers and functions.\nExample for subsection (2)(g)\nOperate computer equipment to allow the officer access to electronic information.\n(3) Subject to subsection (1), an authorised officer or police officer\nmay, by written notice, require the holder of a permit or the owner\nor occupier of land or premises relating to a development or\nproposed development to:\n(a) produce a book, document or other record under the person's\ncontrol; and\n(b) answer questions or provide information relating to the\nperson's associates, the land, the premises and the\ndevelopment or proposed development.\nProvide the names of business associates, financial records or blueprints.\n(4) An authorised officer or a police officer may retain a book,\ndocument or record removed or produced under this section for as\nlong as reasonably necessary to make copies of the book,\ndocument or record.\n(5) An authorised officer or a police officer may exercise the powers\nunder this section with the reasonable assistance and force that the\nofficer considers necessary.\n","sortOrder":142},{"sectionNumber":"76G","sectionType":"section","heading":"Entering residential premises","content":"76G Entering residential premises\n(1) An authorised officer or a police officer must not enter residential\npremises under this Act unless:\n(a) an occupier of the premises consents; or\n(b) a warrant authorises the entry.\n(2) If a part of the premises is used for residential purposes and the\nother portion for non-residential purposes, the prohibition in\nsubsection (1) applies to the residential part.\n","sortOrder":143},{"sectionNumber":"76H","sectionType":"section","heading":"Search warrants","content":"76H Search warrants\n(1) An authorised officer may apply to a Local Court Judge for a search\nwarrant to enter land or premises if the officer believes on\nreasonable grounds that entry to the premises is necessary for the\npurpose of an investigation.\n\nPlanning Act 1999 98\n(2) A Local Court Judge may issue a warrant if satisfied that there are\nreasonable grounds that entry to the premises is necessary for the\npurpose of an investigation.\n(3) A search warrant must:\n(a) be signed by the Local Court Judge; and\n(b) be issued to an authorised person named in the warrant; and\n(c) state the purpose for which it is issued; and\n(d) specify particular hours during which the entry is authorised or\nstate that the entry is authorised at any time of the day or\nnight; and\n(e) include a description of the kind of documents or things in\nrelation to which the powers under the warrant may be\nexercised; and\n(f) specify the date, being a date not later than one month after\nthe date of issue of the warrant, on which the warrant ceases\nto have effect.\n(4) A search warrant authorises an authorised person named in the\nwarrant:\n(a) to enter the land or premises specified in the warrant; and\n(b) to search the land or premises for documents or things\nrelevant to the investigation; and\n(c) to seize any document or thing relevant to the investigation in\nor on the land or premises; and\n(d) to exercise any other powers of an authorised officer under\nthis Act.\n(5) A search warrant may be executed, in accordance with its terms, at\nany time during the period commencing on the date of issue of the\nwarrant and ending at the end of the date specified in accordance\nwith subsection (3)(f).\n(6) A person executing a search warrant must, on request by an\noccupant of the premises to which the warrant relates, show the\nwarrant to that occupant.\n\nPlanning Act 1999 99\n","sortOrder":144},{"sectionNumber":"76J","sectionType":"section","heading":"Application for search warrant by telephone or other electronic","content":"76J Application for search warrant by telephone or other electronic\nmeans\n(1) If it is not practicable to apply for a search warrant in person, the\napplication may be made by telephone or other electronic means of\ncommunication.\n(2) A Local Court Judge who issues a warrant on an application made\nunder subsection (1) must:\n(a) complete and sign the warrant; and\n(b) record on the warrant the reasons for issuing it; and\n(c) inform the authorised officer by telephone or other electronic\nmeans of communication of its terms.\n(3) When informed of the terms of the warrant under subsection (2)(c),\nthe authorised officer must as soon as practicable:\n(a) create 2 copies of the warrant in the terms provided by the\nJudge; and\n(b) write on each copy the name of the Judge and the date and\ntime the warrant was issued; and\n(c) forward one copy to the Judge.\n(4) The authorised officer may use the remaining copy of the warrant to\nexercise the powers granted by the warrant signed by the Judge.\n(5) After comparing the forwarded copy with the original warrant, the\nJudge must certify the copy as being in identical substance to the\noriginal warrant if so satisfied.\n","sortOrder":145},{"sectionNumber":"76K","sectionType":"section","heading":"Identification of person","content":"76K Identification of person\nAn authorised officer may request a person the officer believes on\nreasonable grounds to be committing an offence to state the\nperson's name and the address.\n","sortOrder":146},{"sectionNumber":"77","sectionType":"section","heading":"Issuing enforcement notice","content":"77 Issuing enforcement notice\nThe consent authority may issue an enforcement notice to any\nperson it believes on reasonable grounds has contravened, is\ncontravening or is likely to contravene section 75, 75A, 75B or 75C.\n\nPlanning Act 1999 100\n","sortOrder":147},{"sectionNumber":"77A","sectionType":"section","heading":"Show cause process","content":"77A Show cause process\n(1) Before issuing an enforcement notice, the consent authority must\ngive a written show cause notice to the proposed recipient of the\nenforcement notice:\n(a) stating the consent authority's intention to issue an\nenforcement notice; and\n(b) asking the recipient to show cause why the enforcement\nnotice should not be issued.\n(2) The show cause notice must specify the date by which the recipient\nmust show cause.\n(3) The date specified in the show cause notice must be not less than\n20 business days after the date of the notice.\n(4) The consent authority must consider any response given by the\nproponent to the show cause notice before making a decision under\nsection 77.\n","sortOrder":148},{"sectionNumber":"77B","sectionType":"section","heading":"Exception to show cause process","content":"77B Exception to show cause process\n(1) Despite section 77A, a consent authority may issue an enforcement\nnotice without first giving a show cause notice under that section if\nthe consent authority believes on reasonable grounds that it is not\nappropriate in the circumstances.\n(2) Without limiting the generality of subsection (1), the grounds for not\nfirst giving a show cause notice include preventing the following:\n(a) the clearing of native vegetation;\n(b) an irreversible change to the landscape;\n(c) the risk of material environmental harm;\n(d) the risk of significant adverse effect on amenity or public\nhealth.\n","sortOrder":149},{"sectionNumber":"77C","sectionType":"section","heading":"Contents of enforcement notice","content":"77C Contents of enforcement notice\n(1) An enforcement notice must be in writing and specify the following:\n(a) the person to whom it is issued;\n(b) the provision that the consent authority believes was, is being\nor is likely to be contravened by the person and the grounds\nfor that belief;\n\nPlanning Act 1999 101\n(c) the action or activity that the person is required to take or\nrefrain from taking to remedy the contravention and to comply\nwith the provision;\n(d) the dates or times associated with any requirement in the\nnotice;\n(e) the person's right to apply to the Tribunal for review of the\n(2) An enforcement notice may impose any requirement reasonably\nrequired to remedy or prevent the contravention, including one or\nmore of the following:\n(a) a requirement that the person cease, or not commence, a\nspecified activity;\n(b) a requirement that the person not undertake or continue a\nspecified activity except at specified times or subject to\nspecified conditions;\n(c) a requirement that the person undertake a specified activity\nwithin a specified period or at specified times or in specified\ncircumstances;\n(d) a requirement prescribed by regulation.\n(3) An enforcement notice is binding on each person to whom it is\nissued.\n(4) An application to the Tribunal for review of an enforcement notice\ndoes not stay the operation of the notice.\n","sortOrder":150},{"sectionNumber":"77D","sectionType":"section","heading":"Variation or revocation of enforcement notice","content":"77D Variation or revocation of enforcement notice\nThe consent authority may vary or revoke an enforcement notice by\nwritten notice served on each person bound by the enforcement\n","sortOrder":151},{"sectionNumber":"78","sectionType":"section","heading":"Making a complaint","content":"78 Making a complaint\n(1) A person may lodge a complaint with a consent authority that a\nperson has contravened this Act or the regulations.\n(2) The complaint must:\n(a) be made in the approved form; and\n\nPlanning Act 1999 102\n(b) state the name and contact details of the person making the\ncomplaint; and\n(c) specify the ground for the complaint; and\n(d) be signed by the complainant.\n","sortOrder":152},{"sectionNumber":"79","sectionType":"section","heading":"Investigation of complaint","content":"79 Investigation of complaint\n(1) The consent authority may investigate a complaint lodged under\nsection 78.\n(2) The consent authority may refuse to investigate the complaint if\nsatisfied that:\n(a) the complaint is trivial, frivolous or vexatious; or\n(b) no grounds exist for the complaint.\n(3) Within 14 days after making a decision to investigate the complaint,\nthe consent authority must give the person who is the subject of the\ncomplaint written notice of:\n(a) the substance of the complaint; and\n(b) the consent authority's intention to investigate the complaint;\nand\n(c) the person's right to respond to the complaint under\nsubsection (4).\n(4) The person may respond in writing to a complaint, which must be\nlodged with the consent authority within 14 days after being given\nthe notice referred to in subsection (3).\n","sortOrder":153},{"sectionNumber":"79A","sectionType":"section","heading":"Action after investigation","content":"79A Action after investigation\n(1) On completing an investigation, the consent authority may do either\nof the following:\n(a) take no further action if satisfied that:\n(i) there are no grounds or evidence to justify taking further\naction; or\n(ii) the matter does not warrant taking further action;\n(b) take any enforcement action available under this Act, including\nprosecution and issuing an enforcement notice.\n\nPlanning Act 1999 103\n(2) Within 14 days after making a decision under subsection (1)(a), the\nconsent authority must give a decision notice to the following:\n(a) the complainant;\n(b) the person who was the subject of the complaint.\n","sortOrder":154},{"sectionNumber":"80","sectionType":"section","heading":"Order for investigation expenses","content":"80 Order for investigation expenses\n(1) A consent authority may apply to the Local Court for an order under\nsubsection (2) if it has reasonably incurred expenses in taking a\nsample or conducting an inspection, test, measurement or analysis\nto investigate an offence being heard by the Local Court.\n(2) The Local Court may order a defendant to pay to the Central\nHolding Authority a reasonable amount for the consent authority's\nexpenses if the Local Court is satisfied that:\n(a) the defendant is guilty of an offence against this Part; and\n(b) the consent authority has reasonably incurred expenses in\ntaking a sample or conducting an inspection, test,\nmeasurement or analysis to investigate the offence; and\n(c) it would be just to do so in the circumstances.\n","sortOrder":155},{"sectionNumber":"80A","sectionType":"section","heading":"Order for compensation","content":"80A Order for compensation\n(1) The Local Court may make an order for compensation under\nsubsection (2) if the Court:\n(a) finds a defendant guilty of an offence against this Part; and\n(b) finds that, because of the offence, another person has:\n(i) suffered loss of income; or\n(ii) suffered a reduction in the value of, or damage to,\nproperty; or\n(iii) incurred expenses to replace or repair property or\nprevent or minimise, or attempt to prevent or minimise,\nthe loss, reduction or damage.\n(2) The Local Court may order the defendant to pay the other person\ncompensation for the loss, reduction or damage suffered or the\nexpenses incurred.\n\nPlanning Act 1999 104\n(3) An order under subsection (2) may be made in addition to the\nimposition of a penalty and any other order made under this Act.\n","sortOrder":156},{"sectionNumber":"80B","sectionType":"section","heading":"Default penalty may be imposed for continuing offences","content":"80B Default penalty may be imposed for continuing offences\nIn addition to any penalty specified for an offence against this Act,\nthe Court may impose a default penalty on a person for each day\nthe person continues to commit the offence after the date the\nperson is given an enforcement notice in relation to the alleged\noffence if:\n(a) the offence provides for the default penalty; and\n(b) the Court is satisfied that the person continued to commit the\noffence after the date the person given an enforcement notice.\n","sortOrder":157},{"sectionNumber":"80C","sectionType":"section","heading":"Order to remedy contravention or failure","content":"80C Order to remedy contravention or failure\nIn addition to any other order, a court of competent jurisdiction may\norder a person who has contravened, or failed to comply with, a\nprovision of this Act or the regulations to remedy the contravention\nor failure in the manner specified in the order.\n","sortOrder":158},{"sectionNumber":"80D","sectionType":"section","heading":"Certificate evidence","content":"80D Certificate evidence\n(1) In a proceeding for an offence against this Act, a statement of fact\nmay be made in a complaint or information as evidence in respect\nof the following physical elements of the offence:\n(a) that land is Crown land, reserved land, dedicated land, land\nheld under lease or land occupied under licence or\nagreement;\n(b) that a person is authorised to take proceedings, to do an act\nor perform a duty, or to sue for the recovery of a penalty or\nother money under this Act;\n(c) that there was native vegetation on land at a specified date.\n(2) In a proceeding under this Act, a copy of any licence, certificate,\nmap or plan certified under the signature of the Surveyor-General is\nacceptable as evidence without:\n(a) the production of the original document; or\n(b) the personal attendance of the Surveyor-General; or\n(c) proof of the signature the Surveyor-General.\n\nPlanning Act 1999 105\n","sortOrder":159},{"sectionNumber":"80E","sectionType":"section","heading":"Infringement notices","content":"80E Infringement notices\nThe regulations may provide for infringement notices and the\npayment of an amount prescribed by regulation instead of a penalty\nthat may otherwise be imposed for a prescribed offence against this\nAct.\n","sortOrder":160},{"sectionNumber":"80F","sectionType":"section","heading":"Criminal liability of executive officer of body corporate – legal","content":"80F Criminal liability of executive officer of body corporate – legal\nburden of proof on prosecution\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening a\ndeclared offence and the officer was reckless about whether\nthe contravention would happen; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer recklessly failed to take reasonable steps to prevent\nthe contravention.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the declared offence.\n(2) Strict liability applies to subsection (1)(b).\n(3) In deciding whether the executive officer failed to take reasonable\nsteps to prevent the contravention, a court must consider the\n(a) any action the officer took directed towards ensuring the\nfollowing, to the extent the action is relevant to the\ncontravention:\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared offence;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared offence;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n\nPlanning Act 1999 106\n(4) Subsection (3) does not limit the matters the court may consider.\n(5) This section does not affect the liability of the body corporate.\n(6) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, a declared offence.\n(7) In this section:\ndeclared offence means an offence against any of the following:\n(a) section 16(6);\n(b) section 30J(3A)\n(c) section 61(2);\n(d) section 63(1A);\n(e) section 66(6) and (7);\n(f) section 75(2);\n(g) section 75A(2);\n(h) section 75B(2);\n(i) section 75C(2);\n(j) section 75D(1);\n(k) section 119(2);\n(l) a provision of the regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":161},{"sectionNumber":"80G","sectionType":"section","heading":"Who may prosecute offences against Act","content":"80G Who may prosecute offences against Act\n(1) A prosecution under this Act may only be brought in the name of\nthe Development Consent Authority or the Minister.\n(2) The Chair and the Minister may authorise a person to bring a\nprosecution in the name of the Development Consent Authority or\nthe Minister respectively.\n\nPlanning Act 1999 107\n","sortOrder":162},{"sectionNumber":"81","sectionType":"section","heading":"Time for commencing prosecution","content":"81 Time for commencing prosecution\nA prosecution under this Act must be commenced within 2 years\nafter the latest of the following days:\n(a) the day any authorised officer or police officer first becomes\naware of the commission of the alleged offence;\n(b) the day the alleged offence was committed;\n(c) in the case of an alleged continuing offence – the latest day\nthe conduct occurred.\n","sortOrder":163},{"sectionNumber":"81A","sectionType":"section","heading":"Establishment","content":"81A Establishment\nThe Planning Commission is established.\n","sortOrder":164},{"sectionNumber":"81B","sectionType":"section","heading":"Functions","content":"81B Functions\nThe Commission has the following functions:\n(a) to review the NT Planning Scheme at regular intervals;\n(b) to prepare integrated strategic plans for inclusion in the\nNT Planning Scheme;\n(c) to prepare guidelines and assessment criteria for inclusion in\nthe NT Planning Scheme;\n(d) to carry out community consultation before preparing the\nplans, guidelines and assessment criteria mentioned in\nparagraphs (b) and (c);\n(da) to receive submissions, carry out consultation as directed by\nthe Minister, and report to the Minister, under Part 2,\nDivision 4;\n(e) to provide advice to the Minister or Development Consent\nAuthority (or both) about strategic planning under this Act;\n(f) to provide reports to the Minister as requested or required\nunder this Act;\n\nPlanning Act 1999 108\n(g) as requested by the Minister or on its own initiative – to\nconduct research and give the Minister reports about future\nland use and development in the Territory, taking into account\nprojected economic, social and demographic changes;\n(h) as requested by the Minister – other functions to assist in\nachieving the purpose and objectives of this Act;\n(i) other functions conferred on the Commission under this Act.\n","sortOrder":165},{"sectionNumber":"81C","sectionType":"section","heading":"Powers","content":"81C Powers\n(1) The Commission has the powers necessary to perform its\nfunctions.\n(2) The Commission may engage persons with appropriate\nqualifications and expertise to assist the Commission to perform a\nparticular function.\n","sortOrder":166},{"sectionNumber":"81D","sectionType":"section","heading":"Independence","content":"81D Independence\n(1) The Commission must perform its functions and exercise its powers\nindependently, impartially and in the public interest, taking into\naccount the purpose and objectives of this Act.\n(2) The Chairperson and other members of the Commission must, in\nthe performance of their functions and the exercise of their powers:\n(a) exercise professional care and act with integrity and diligence;\nand\n(b) comply with any code of conduct established under\nsection 100; and\n(c) consider the diverse interests and needs of the community;\nand\n(d) comply with any policies made by the Commission under\nsection 81L(2).\n","sortOrder":167},{"sectionNumber":"81E","sectionType":"section","heading":"Staff and facilities","content":"81E Staff and facilities\n(1) The Chief Executive Officer must provide the Commission with staff\nand facilities to enable the Commission to properly perform its\nfunctions.\n(2) A staff member provided to the Commission under subsection (1) is\nsubject only to the direction of the Chairperson.\n\nPlanning Act 1999 109\n","sortOrder":168},{"sectionNumber":"81F","sectionType":"section","heading":"Constitution and appointment of members","content":"81F Constitution and appointment of members\n(1) The Commission consists of the following members:\n(a) the Chairperson;\n(b) the Chair of the Development Consent Authority;\n(c) the chairperson of the Heritage Council under the Heritage\nAct 2011;\n(d) the chairperson of the NT EPA under the Northern Territory\nEnvironment Protection Authority Act 2012;\n(e) a representative of the prescribed corporation;\n(f) any other members to a maximum of 5.\n(2) The Minister must appoint a person with appropriate qualifications\nand expertise to be the Chairperson or a member mentioned in\nsubsection (1)(f).\n(3) The Minister must appoint a person mentioned in subsection (1)(e)\non the nomination of the prescribed corporation.\n(4) At least one person appointed under subsection (1)(f) must:\n(a) be eligible for membership in a planning association or\ninstitute recognised by the Minister; or\n(b) have planning qualifications recognised by the Minister.\n","sortOrder":169},{"sectionNumber":"81G","sectionType":"section","heading":"Duration and conditions of appointment","content":"81G Duration and conditions of appointment\n(1) An appointed member holds office:\n(a) for 2 years or the shorter period specified in the instrument of\nappointment; and\n(b) on the conditions specified in the instrument of appointment.\n(2) The member is eligible for reappointment.\n","sortOrder":170},{"sectionNumber":"81H","sectionType":"section","heading":"Vacation of office","content":"81H Vacation of office\n(1) A person who is an appointed member ceases to be a member if:\n(a) the person resigns by giving written notice to the Minister; or\n\nPlanning Act 1999 110\n(b) the person's appointment is terminated under section 81J; or\n(c) the person was appointed on the nomination of the prescribed\ncorporation and has ceased to be the representative of the\ncorporation.\n(2) The performance of a function or the exercise of a power by the\nCommission is not affected merely because there is a vacancy in its\nmembership.\n","sortOrder":171},{"sectionNumber":"81J","sectionType":"section","heading":"Termination of appointment","content":"81J Termination of appointment\n(1) The Minister may terminate the appointment of a person as an\nappointed member:\n(a) on the ground of misbehaviour or misconduct; or\n(b) on the ground of physical or mental inability to satisfactorily\nperform the duties of the office; or\n(c) if the Minister is satisfied the person has failed to comply with\nsection 81U(2).\n(2) The Minister must terminate the appointment of a person as an\nappointed member:\n(a) if the person is absent from 3 consecutive meetings of the\nCommission without the agreement of a majority of the other\nmembers; or\n(b) if the person is found guilty of an offence of such a nature that\nit would be inappropriate for the person to continue as a\nmember; or\n(c) if the person:\n(i) becomes bankrupt; or\n(ii) applies to take the benefit of a law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounds with creditors or makes an assignment of\nthe person's remuneration for their benefit.\n(3) A termination of appointment must be made in writing.\n\nPlanning Act 1999 111\n","sortOrder":172},{"sectionNumber":"81K","sectionType":"section","heading":"Integrated strategic plans","content":"81K Integrated strategic plans\n(1) In preparing an integrated strategic plan mentioned in\nsection 81B(b), the Commission may do any of the following:\n(a) identify future transport corridors, utility corridors and sites for\nessential facilities;\n(b) provide guidance through master plans on where and how\ncommunities or urban areas should grow;\n(c) support urban renewal.\n(2) For subsection (1)(a), essential facilities include:\n(a) facilities for communication, water and power supply, gas and\nsimilar condensates, effluent treatment and regional waste;\nand\n(b) other public and social infrastructure.\n(3) For subsection (1)(b), the master plans may include maps, policy\nstatements and objectives relating to any of the following:\n(a) housing;\n(b) transportation;\n(c) economic development;\n(d) the environment;\n(e) open space;\n(f) conservation.\n(4) This section does not limit the way in which the Commission may\nperform the function mentioned in section 81B(b).\n","sortOrder":173},{"sectionNumber":"81L","sectionType":"section","heading":"Community consultation","content":"81L Community consultation\n(1) Before carrying out community consultation mentioned in\nsection 81B(d), the Commission must decide the appropriate\nmethod and extent of the consultation, taking into account the\nparticular proposed integrated strategic plans, guidelines or\nassessment criteria under consideration.\n\nPlanning Act 1999 112\n(2) The Commission must develop, for approval by the Minister, one or\nmore policies in relation to:\n(a) its consultations with the public and with specific participants\nin the planning process; and\n(b) public education regarding the roles of the public and the\nCommission under this Act.\n(3) The Commission must publish on its website any policy approved\nby the Minister under subsection (2).\n","sortOrder":174},{"sectionNumber":"81M","sectionType":"section","heading":"Preparation of significant development report","content":"81M Preparation of significant development report\n(1) The member of the Commission who is the Chair of the\nDevelopment Consent Authority must not take any part in the\nCommission's consideration of a significant development proposal\nor the preparation of a significant development report in relation to\nthe proposal.\n(2) However, subsection (1) does not apply if:\n(a) the Minister is the consent authority under section 4(1) in\nrelation to the land to which the significant development\nproposal relates; or\n(b) no development application has been made in relation to the\nproposal and the Minister has given the Commission written\nnotice that, if an application is made, he or she will direct the\nDevelopment Consent Authority under section 85(3) that the\nMinister is the consent authority in relation to the application;\nor\n(c) a development application has been made in relation to the\nproposal and the Minister has given the Commission written\nnotice that he or she has directed the Development Consent\nAuthority under section 85(3) that the Minister is the consent\nauthority in relation to the application.\n","sortOrder":175},{"sectionNumber":"81N","sectionType":"section","heading":"Commission decides its procedures","content":"81N Commission decides its procedures\nSubject to this Act and the Regulations, the Commission is to\ndecide its own procedures.\n","sortOrder":176},{"sectionNumber":"81P","sectionType":"section","heading":"Holding meetings","content":"81P Holding meetings\n(1) The Commission must meet as often as is necessary for the\nperformance of its functions.\n\nPlanning Act 1999 113\n(2) However, the Commission must meet at least 4 times in each year.\n(3) The Chairperson must make appropriate arrangements for the\nCommission to meet.\n(4) The Chairperson must convene a meeting of the Commission when\nrequested by another member to do so.\n(5) A meeting convened under subsection (4) must be held on, or as\nsoon as practicable after, the meeting date requested by the\nmember (which must be at least 7 days after the request is made).\n","sortOrder":177},{"sectionNumber":"81Q","sectionType":"section","heading":"Quorum","content":"81Q Quorum\nSubject to section 81V(1)(c), the quorum for a meeting of the\nCommission is a majority of its members.\n","sortOrder":178},{"sectionNumber":"81R","sectionType":"section","heading":"Presiding member at meeting","content":"81R Presiding member at meeting\n(1) The Chairperson must preside at all meetings of the Commission at\nwhich he or she is present.\n(2) If the Chairperson is absent from a meeting, the members present\nmust elect a member to preside.\n","sortOrder":179},{"sectionNumber":"81S","sectionType":"section","heading":"Voting at meeting","content":"81S Voting at meeting\n(1) A decision at a meeting of the Commission is to be made by the\nmajority vote of members present and voting.\n(2) If there is an equality of votes, the person presiding at the meeting\nhas a casting vote.\n","sortOrder":180},{"sectionNumber":"81T","sectionType":"section","heading":"Records of meetings","content":"81T Records of meetings\nThe Commission must keep accurate records of its meetings.\n","sortOrder":181},{"sectionNumber":"81U","sectionType":"section","heading":"Disclosure of personal interest","content":"81U Disclosure of personal interest\n(1) This section applies if a member has a personal interest in a matter\nbeing considered, or about to be considered, at a meeting of the\nCommission.\n(2) The member must disclose the nature of the personal interest to all\nother members at or before the meeting.\n(3) The disclosure must be recorded in the minutes of the meeting at\nwhich, or before which, the disclosure is made.\n\nPlanning Act 1999 114\n(4) For this section, a member has a personal interest in a matter if the\nmember:\n(a) has a direct or indirect financial interest in the matter; or\n(b) has a personal, professional, commercial or other relationship\nwith a person and the nature of the relationship is likely to, or\nmay reasonably be regarded as likely to, inhibit or prevent the\nmember from exercising independent judgment about the\nmatter.\n","sortOrder":182},{"sectionNumber":"81V","sectionType":"section","heading":"Effect of personal interest","content":"81V Effect of personal interest\n(1) If a member has a personal interest in a matter that is required to\nbe disclosed under section 81U(2):\n(a) the member must not take part in any deliberation or decision\nof the Commission about the matter; and\n(b) the member must be disregarded for the purpose of\nconstituting the quorum of the Commission for the deliberation\nor decision; and\n(c) the quorum for the deliberation or decision is a majority of\nmembers entitled to participate in the deliberation or decision.\n(2) However, a failure by a member to disclose a personal interest in a\nmatter does not, of itself, invalidate any decision of the Commission\nabout the matter.\n","sortOrder":183},{"sectionNumber":"81W","sectionType":"section","heading":"Limitation on challenge to decision of member","content":"81W Limitation on challenge to decision of member\n(1) This section applies if a person who is a member of the\nCommission:\n(a) takes part in any deliberation or decision of the Commission\nabout a matter; and\n(b) in another capacity, makes a decision under this Act or any\nother Act (a relevant decision) in relation to:\n(i) the same matter; or\n(ii) a place or an area of land in connection with the matter.\n(2) A relevant decision must not be challenged, appealed against,\nreviewed, quashed or called into question in any court or tribunal\nmerely because the person took part in the Commission's\ndeliberation or decision.\n\nPlanning Act 1999 115\n(3) A reference in this section to a relevant decision includes a\nreference to any of the following:\n(a) an assessment or report;\n(b) an opinion, advice or recommendation.\n","sortOrder":184},{"sectionNumber":"81X","sectionType":"section","heading":"Committees","content":"81X Committees\n(1) The Commission may establish one or more committees to advise it\non matters related to any of the Commission's functions.\n(2) A person may be a member of a committee whether or not the\nperson is a member of the Commission.\n(3) The member of the Commission who is the Chair of the\nDevelopment Consent Authority must not be a member of a\ncommittee established to advise the Commission on matters related\nto a significant development proposal (including the preparation of a\nsignificant development report) unless section 81M(2)(a), (b) or (c)\napplies in relation to the proposal.\n","sortOrder":185},{"sectionNumber":"81Y","sectionType":"section","heading":"Annual report","content":"81Y Annual report\n(1) The Chairperson must prepare and give to the Minister a report on\nthe performance by the Commission of its functions during each\nfinancial year.\n(1A) The annual report must include the following:\n(a) the particulars of the Commission's activities;\n(b) a review of its activities in relation to any policies made by the\nCommission under section 81L(2);\n(c) the results of its activities.\n(2) The report must be given to the Minister by 31 October following\nthe end of the financial year.\n(3) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n\nPlanning Act 1999 116\n","sortOrder":186},{"sectionNumber":"81Z","sectionType":"section","heading":"Protection from liability","content":"81Z Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the performance of a\nfunction or the exercise of a power as:\n(a) a member of the Commission; or\n(b) a person engaged by the Commission under section 81C; or\n(c) a staff member provided to the Commission under\nsection 81E(1).\n(2) In addition, the person is not civilly or criminally liable for an act\ndone or omitted to be done by the Commission in the performance\nof a function or exercise of a power under this Act.\n(3) Subsections (1) and (2) do not affect any liability the Territory\nwould, apart from those subsections, have for the act or omission.\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n81ZA Unauthorised disclosure of confidential information\n(a) the person is:\n(i) a member of the Commission; or\n(ii) a person engaged by the Commission under\nsection 81C; or\n(iii) a staff member provided to the Commission under\nsection 81E(1); and\n(b) the person obtains information in the course of performing a\nfunction or exercising a power in the person's capacity\nreferred to in subsection (1); and\n(c) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(d) the person intentionally engages in conduct; and\n\n","sortOrder":187},{"sectionNumber":"Div 1","sectionType":"division","heading":"Establishment of Development Consent Authority and Divisions of Authority","content":"Division 1 Establishment of Development Consent Authority and Divisions of Authority\nPlanning Act 1999 117\n(e) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the information;\nand\n(f) the person is reckless in relation to the result and\ncircumstance referred to in paragraph (e).\n2 years.\n(2) Strict liability applies to subsection (1)(a) and (b).\n(3) If the information referred to in subsection (1) relates to a person, it\nis a defence to a prosecution for an offence against that\nsubsection if the person consented to the disclosure of the\ninformation.\nA person to whom the information relates includes a person who has a direct\ninterest in the information remaining confidential because the information is\nfinancial, commercial, personal or cultural information.\nNote for section 81ZA\nIn addition to the circumstances mentioned in this section, a person who\ndiscloses information mentioned in this section will not be criminally responsible\nfor an offence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\nDivision 1 Establishment of Development Consent Authority\nand Divisions of Authority\n82 Development Consent Authority\nThe Development Consent Authority is established by this section.\n83 Minister may establish Divisions of Authority\n(1) The Minister may, by notice in the Gazette:\n(a) establish and name a Division of the Development Consent\n\nDivision 1 Establishment of Development Consent Authority and Divisions of Authority\nPlanning Act 1999 118\n(b) specify the area of the Territory to which the Division is to\nrelate.\n(2) The Minister may, by notice in the Gazette:\n(a) amend a Division area specified in a notice under\nsubsection (1);\n(b) rename a Division of the Development Consent Authority; or\n(c) abolish a Division of the Development Consent Authority.\n(3) The Minister may not declare a Division area or amend a Division\narea if part of the area or area as amended would be within a\ncouncil area in respect of a local government council and another\npart would be within another council area.\n","sortOrder":188},{"sectionNumber":"84","sectionType":"section","heading":"Functions and powers of Development Consent Authority","content":"84 Functions and powers of Development Consent Authority\n(1) The functions of a Division of the Development Consent Authority\nare:\n(a) the functions of a consent authority under this Act in relation to\nthe Division area in respect of which the Division was\nestablished; and\n(b) other functions conferred or imposed on it by or under this or\nany other Act.\n(2) The Development Consent Authority has the powers that are\nnecessary or convenient for, or incidental to, the performance of its\nfunctions or the exercise of its powers.\n(3) To assist it in performing its functions, the Development Consent\nAuthority may seek advice or assistance from specialist advisors\nregistered under subsection (5).\n(4) If the Development Consent Authority seeks advice or assistance\nfrom a specialist advisor in relation to a proceeding, it must give the\nparticipants in the proceeding:\n(a) written notice of the name and speciality of the specialist\nadvisor; and\n(b) a copy of the advice or assistance being sought; and\n(c) a copy of any advice or a summary of any assistance given by\nthe specialist advisor.\n\nPlanning Act 1999 119\n(5) The Minister may maintain a register of the names and contact\ndetails of any person willing to act as a specialist advisor to the\nconsent authority if the Minister is satisfied the person has the\nskills, qualifications or experience prescribed by regulation.\n","sortOrder":189},{"sectionNumber":"85","sectionType":"section","heading":"Minister may direct Authority","content":"85 Minister may direct Authority\n(1) The Minister may direct the Development Consent Authority\ngenerally or in respect of a particular matter other than:\n(a) the determination of a particular development application; or\n(b) the contents of any report or recommendation the Authority is\nrequired to provide under this Act.\n(2) The Development Consent Authority, in the performance of its\nfunctions and the exercise of its powers, is subject to a direction of\nthe Minister under subsection (1).\n(3) At any time before the Development Consent Authority has served\na notice under section 53B or 53C in respect of a particular\ndevelopment application made to it, the Minister may direct the\nDevelopment Consent Authority that the Minister is the consent\nauthority in relation to the development application.\n(4) If the Minister directs the Development Consent Authority under\nsubsection (3), the Development Consent Authority must, as soon\nas practicable, forward to the Minister the particular development\napplication and all submissions and other documents in relation to\nthe application.\n","sortOrder":190},{"sectionNumber":"86","sectionType":"section","heading":"Delegation","content":"86 Delegation\n(1) The Development Consent Authority may, by resolution, delegate to\nan employee within the meaning of the Public Sector Employment\nand Management Act 1993 or a member any of its powers and\nfunctions under this Act.\n(2) If a committee formed under this Act consists only of members of\nthe Development Consent Authority, the Authority may delegate to\nit any of its powers and functions under this Act.\n","sortOrder":191},{"sectionNumber":"87","sectionType":"section","heading":"Constitution of Development Consent Authority","content":"87 Constitution of Development Consent Authority\n(1) The Development Consent Authority consists of:\n(a) the Chair; and\n\nPlanning Act 1999 120\n(b) the members appointed by the Minister under section 89\nor 90.\n(2) A person may, under section 89 or 90, be appointed a member of\nmore than one Division.\n(3) An employee of the Agency administering this Act is not eligible to\nbe appointed as a member of the Development Consent Authority.\n","sortOrder":192},{"sectionNumber":"88","sectionType":"section","heading":"Chair and Deputy Chair","content":"88 Chair and Deputy Chair\n(1) The Minister may, in writing, appoint a person to be the Chair of the\nDevelopment Consent Authority for 2 years or a lesser period\n(1A) Before appointing a person as the Chair of the Development\nConsent Authority, the Minister must be satisfied that the person\nhas the skills, qualifications or experience to exercise the powers\nand perform the functions of that office.\n(2) The Minister may, in writing, appoint:\n(a) a member to be the Deputy Chair of the Development\nConsent Authority; or\n(b) a member to be the Deputy Chair of the Development\nConsent Authority in respect of one or more Divisions of the\nAuthority.\n(3) If the Minister appoints a member to be the Deputy Chair of the\nDevelopment Consent Authority under subsection (2)(a), the\nDeputy Chair is to act as the Chair during:\n(a) any period when the Chair appointed under subsection (1) is\nunable to attend a particular meeting; and\n(b) any vacancy in the office of Chair.\n(4) If the Minister appoints a member to be the Deputy Chair of the\nDevelopment Consent Authority in respect of a Division under\nsubsection (2)(b), the Deputy Chair is to act as the Chair during:\n(a) any period when the Chair appointed under subsection (1) is\nunable to attend a particular meeting in relation to the Division;\nand\n(b) any vacancy in the office of Chair, but only in relation to\nmatters relating to the Division.\n\nPlanning Act 1999 121\n","sortOrder":193},{"sectionNumber":"89","sectionType":"section","heading":"Appointment of members within council area","content":"89 Appointment of members within council area\n(1) If all or part of a Division area is within a council area, the Minister\nmust, in writing, appoint the following persons to be Division\nmembers of the Division area:\n(a) 2 community members nominated by the local government\ncouncil under section 91;\n(b) one alternate community member nominated by the local\ngovernment council under section 91;\n(c) 2 specialist members.\n(2) An alternate community member may act, during the absence or\ninability to act of a community member, but may not act for more\nthan one community member or for a member appointed to be a\nDeputy Chair who is acting as Chair under section 88(3) or (4).\n(3) An employee of a local government council is not eligible to be\nappointed as the community member for that local government\ncouncil.\n(4) A person is eligible to be appointed to be a specialist member if the\nMinister is satisfied the person has the skills, qualifications or\nexperience prescribed by regulation.\n(5) The Minister must maintain a register of the names and contact\ndetails of persons eligible and willing to be appointed as specialist\nmembers.\n","sortOrder":194},{"sectionNumber":"89A","sectionType":"section","heading":"Training of members","content":"89A Training of members\n(1) The Minister must approve a course of training for members of the\nDevelopment Consent Authority.\n(2) Each member of the Development Consent Authority must\nsuccessfully complete the course of training approved by the\nMinister before exercising the member's powers or performing the\nmember's functions.\n","sortOrder":195},{"sectionNumber":"90","sectionType":"section","heading":"Appointment of members outside council area","content":"90 Appointment of members outside council area\nIf no part of a Division area is within a council area, the Minister\nmay, in writing, appoint 4 persons he or she thinks fit to be the\nDivision members of the Development Consent Authority in respect\nof the Division area.\n\nPlanning Act 1999 122\n","sortOrder":196},{"sectionNumber":"91","sectionType":"section","heading":"Nomination of community members","content":"91 Nomination of community members\n(1) On the Minister's request, a local government council must\nnominate persons it thinks fit for the Minister to appoint as\ncommunity members and alternate community members under\nsection 89(1)(a) and (b).\n(2) The number of persons nominated must be at least one greater\nthan the number of vacancies to be filled.\n(3) If the local government council fails to nominate the number of\npersons required under subsection (2), the Minister may appoint\nany person the Minister considers fit.\n(4) The Minister must give a local government council written notice\nand at least 30 days to remedy its failure before making an\nappointment under subsection (3).\n","sortOrder":197},{"sectionNumber":"92","sectionType":"section","heading":"Term of office of member","content":"92 Term of office of member\n(1) Subject to this Act, a member appointed under section 89 or 90\nholds office for 2 years or a lesser period specified in the instrument\nof appointment and is eligible for reappointment.\n(2) If a member is appointed under section 89(1)(a) or (b) and the next\nelection (other than a by-election) for the local government council\nby which the member was nominated is held before the member\nceases to be a member, the member holds office until the\nexpiration of 3 months after the declaration of the polls for the\nelection.\n(3) If the Minister abolishes a Division of the Development Consent\nAuthority, the members appointed under this Part in respect of the\nDivision cease to be members on and from the date on which the\nnotice abolishing the Division appears in the Gazette.\n(4) If a local government council is placed under official management\nunder section 318 of the Local Government Act 2019, a community\nmember nominated by that local authority continues to be a\nmember, unless the appointment is terminated by the Minister.\nNote for subsection (4)\nThe Minister also has the power to terminate an appointment under section 100A.\n","sortOrder":198},{"sectionNumber":"93","sectionType":"section","heading":"Chair may appoint member to act in another Division","content":"93 Chair may appoint member to act in another Division\n(1) If the Chair is satisfied that a member appointed in relation to a\nDivision (the first Division) in relation to whom there is no\nalternate member appointed under section 89(1)(b) is prevented by\nillness, absence, the operation of section 97 or other cause\n\nPlanning Act 1999 123\nconsidered sufficient by the Chair, from performing the member's\nduties of office, the Chair may, in writing, appoint a member in\nrelation to another Division to act as a member in relation to the first\nDivision for a period of not more than 3 months.\n(2) The Chair may, in writing, appoint a member in relation to the\nDivision who is:\n(a) appointed as a member under section 89(1)(a); or\n(b) appointed as a member under section 90,\nto act as a member in relation to another Division in the place of a\nmember of that other Division who is required to act as the Chair in\nrelation to that other Division.\n(3) The appointment of a member under subsection (1) takes effect on\nand from the date on which the instrument is signed or a later date\n(4) If a period of appointment is not specified in an instrument under\nsubsection (1), the appointment is to be taken to be for a period of\n3 months on and from the date on which the instrument is signed.\n(5) The Chair may, in writing, revoke the appointment of a member of a\nDivision under subsection (1).\n","sortOrder":199},{"sectionNumber":"94","sectionType":"section","heading":"Minister may appoint temporary member","content":"94 Minister may appoint temporary member\n(a) there is a vacancy in the membership of a Division; and\n(b) the Minister is of the opinion that it is necessary to appoint a\nperson to act in the vacancy on urgency,\nthe Minister may, despite sections 89 and 90, in writing, appoint a\nperson to be a temporary member of the Division for a period of not\nmore than 6 months specified in the instrument.\n(2) The appointment of a member under subsection (1) takes effect on\nand from the date on which the instrument is signed or a later date\n(3) The Minister may, in writing, revoke the appointment of a temporary\nmember of a Division under this section.\n\nPlanning Act 1999 124\n","sortOrder":200},{"sectionNumber":"95","sectionType":"section","heading":"Vacancy or defect does not invalidate action of Authority","content":"95 Vacancy or defect does not invalidate action of Authority\n(1) The performance of a function or exercise of a power by the\nDevelopment Consent Authority is not invalid by reason only of\nthere being a vacancy in its membership.\n(2) The appointment of a person as a member is not invalid by reason\nonly of a defect or irregularity in or in connection with the\nappointment of the person.\n","sortOrder":201},{"sectionNumber":"96","sectionType":"section","heading":"Resignation of members","content":"96 Resignation of members\nA member may resign office by writing signed by him or her and\ndelivered to the Minister.\n","sortOrder":202},{"sectionNumber":"97","sectionType":"section","heading":"Disclosure of interest","content":"97 Disclosure of interest\n(1) A member who has:\n(a) subject to section 99(1), a direct or indirect pecuniary interest\nin a matter being considered, or about to be considered, by\nthe Division of which he or she is a member, otherwise than a\ndirect or indirect pecuniary interest as a member of, and in\ncommon with the other members of, an incorporated company\nconsisting of not less than 25 persons and of which he or she\nis not a director; or\n(b) a personal, professional, commercial or other relationship with\nan applicant or another person or association, which\nrelationship is of a nature that it is likely to, or may reasonably\nbe regarded as likely to, inhibit or prevent the exercise by the\nmember of independent judgment in respect of an application,\nmust, as soon as possible after the relevant facts have come to the\nmember's knowledge, disclose the nature of his or her interest or\nrelationship at or before a meeting of the Division.\n(2) A disclosure under subsection (1) is to be recorded in the minutes\nof the Division.\n(3) A member who has an interest or relationship specified in\nsubsection (1) must not be present during, contribute to or take part\nin any deliberation or decision of the Division in relation to:\n(a) the matter or relationship being considered; and\n(b) any discussion as to whether the Chair ought to make a\ndetermination under subsection (5).\n\nPlanning Act 1999 125\n(4) A member who makes a disclosure under subsection (1) must be\ndisregarded for the purpose of constituting a quorum of the\nDevelopment Consent Authority in relation to the matter or\nrelationship being considered.\n(5) Despite subsections (1) to (4), the Chair may determine the\nsignificance or relevance of an interest or relationship disclosed by\na member under subsection (1) and, if determined to be\ninsignificant or irrelevant, allow the member:\n(a) to be counted for the purposes of constituting a quorum; and\n(b) to be present during, contribute to and take part in the\ndeliberation or decision of the Division.\n","sortOrder":203},{"sectionNumber":"98","sectionType":"section","heading":"Offences related to non-disclosure of interest","content":"98 Offences related to non-disclosure of interest\n(b) the person intentionally attends, contributes to or takes part in\na deliberation or decision of the Division of which the person is\na member; and\n(c) the deliberation or decision is in relation to an interest or\nrelationship referred to in section 97(1); and\n(d) the person recklessly fails to disclose that interest or\nrelationship.\n(b) the person intentionally attends, contributes to or takes part in\na deliberation or decision of the Division of which the person is\na member; and\n(c) the person has an interest or relationship referred to in\nsection 97(1) and is reckless in relation to that circumstance.\n(3) Strict liability applies to subsections (1)(a) and (c) and (2)(a).\n\nPlanning Act 1999 126\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the Chair determined under section 97(5) that the\ndefendant could be present during, contribute to or take part in the\ndeliberation or decision of the Division.\n","sortOrder":204},{"sectionNumber":"98A","sectionType":"section","heading":"Independence of community members","content":"98A Independence of community members\n(1) A community member must make the decision on a development\napplication independently of any direction or decision from the local\ngovernment council.\n(2) When making the decision under subsection (1), the community\nmember may take into account the opinion of a local government\ncouncil in relation to a development application made by an\napplicant other than the local government council.\n(3) For section 97, if a community member takes into account the\nopinion of the local government council under subsection (2):\n(a) the Development Consent Authority is taken not to have\ncontravened the rules of natural justice by that reason only;\nand\n(b) the community member is taken not to have an interest or\nrelationship for the purposes of section 97 by that reason only;\nand\n(c) the community member is taken not to have contravened the\nrules of natural justice by that reason only.\n","sortOrder":205},{"sectionNumber":"99","sectionType":"section","heading":"Direct or indirect interests in companies","content":"99 Direct or indirect interests in companies\n(1) For the purposes of section 97, a member who:\n(a) is a member of the governing body of, or has a substantial\nholding (within the meaning of section 9 of the Corporations\nAct 2001) in; or\n(b) has a relevant interest within the meaning of paragraph (a) of\nthe definition of relevant interest in the Corporations\nAct 2001 in,\na company which has a direct or indirect interest in a matter is to be\ntaken to have a direct or indirect interest in the matter.\n(2) For the purposes of section 97, a person who is an employee of, a\npartner with, an agent for or a consultant to, a person, partnership,\nfirm or company who or which has a direct or indirect interest in a\nmatter or is representing a party to an application under this Act is\nto be taken to have an interest in the matter.\n\nPlanning Act 1999 127\n","sortOrder":206},{"sectionNumber":"100","sectionType":"section","heading":"Code of Conduct","content":"100 Code of Conduct\n(1) The Minister may establish a code of conduct for members of the\nPlanning Commission and the Development Consent Authority.\n(2) The Minister must publish on the Agency's website any code of\nconduct established by the Minister under subsection (1).\n(3) A member of the Planning Commission and the Development\nConsent Authority must abide by any applicable code of conduct\nestablished by the Minister under subsection (1).\n","sortOrder":207},{"sectionNumber":"100A","sectionType":"section","heading":"Removal from office","content":"100A Removal from office\n(1) The Minister may terminate the appointment of a member of the\nDevelopment Consent Authority for any of the following reasons:\n(a) demonstrated inability to perform the functions of office;\n(b) misbehaviour or a failure to abide by a code of conduct\nestablished under section 100;\n(c) physical or mental incapacity.\n(2) The Minister must terminate the appointment of a member of the\nDevelopment Consent Authority if:\n(a) the member is absent from 3 consecutive meetings of the\nDevelopment Consent Authority without leave from:\n(i) in the case of the Chair – the Minister; or\n(ii) in the case of a member other than the Chair – the\nChair; or\n(b) the member becomes bankrupt, applies to take the benefit of\nany law for the relief of bankrupt or insolvent debtors,\ncompounds with creditors or makes an assignment of\nremuneration for their benefit; or\n(c) the member is a community member and the local\ngovernment council requests that the member's appointment\nbe terminated.\n(3) If the Minister terminates the appointment of a community member,\nthe Minister must give written reasons for the termination to the\nmember and the local government council that nominated the\nmember.\n\nPlanning Act 1999 128\n","sortOrder":208},{"sectionNumber":"101","sectionType":"section","heading":"Meetings of Authority","content":"101 Meetings of Authority\n(1) The Chair is to call meetings of the Development Consent Authority\nnecessary for the performance of its functions and the exercise of\nits powers.\n(2) The Chair must, within 28 days after receiving a written notice,\nsigned by not less than 2 members of a Division, requiring a\nmeeting of the Division to be held, call a meeting of the Division.\n(3) At a meeting of a Division of the Development Consent Authority:\n(a) the Authority is constituted by the Division members and, if he\nor she is present, the Chair;\n(b) 3 members constitute a quorum;\n(c) the Chair, or in the Chair's absence or inability to act, a\nmember elected by the Division members at the meeting is to\npreside; and\n(d) questions arising are to be determined by a majority of the\nvotes of the members present and voting and, in the event of\nan equality of votes, the member presiding over the meeting is\nto have, in addition to a deliberative vote, a casting vote.\n(4) The procedures of the Development Consent Authority and of\ncommittees of the Development Consent Authority, including but\nnot limited to the calling and conduct of meetings, are to be:\n(a) as determined from time to time by the Chair; or\n(b) in the absence of a determination by the Chair in respect of a\nparticular matter – as determined by the member presiding\nover a particular meeting.\n","sortOrder":209},{"sectionNumber":"102","sectionType":"section","heading":"Attendance of public at meetings","content":"102 Attendance of public at meetings\n(1) Subject to this section, the part of a meeting of the Development\nConsent Authority at which evidence is to be taken in relation to an\napplication for a development permit is to be open to the public and\nthe applicant for a permit.\n(2) Despite subsection (1), if, in the opinion of the Chair:\n(a) information disclosed or likely to be disclosed at a meeting of\nthe Development Consent Authority in respect of a particular\napplication should be treated as confidential; or\n\nPlanning Act 1999 129\n(b) the absence of the public from a meeting of the Development\nConsent Authority in relation to an application is necessary or\nlikely to be necessary for the orderly conduct of a meeting,\nhe or she may direct that the meeting be closed to the public.\n(3) If the Chair directs under subsection (2) that a meeting is closed to\nthe public, the meeting is closed to the public.\n(4) The part of a meeting of the Development Consent Authority during\nwhich part deliberations in respect of a development application are\noccurring is not open to the public or the applicant.\n","sortOrder":210},{"sectionNumber":"103","sectionType":"section","heading":"Minutes","content":"103 Minutes\n(1) The Development Consent Authority is to cause minutes to be kept\nof all meetings of the Development Consent Authority and of its\ncommittees.\n(1A) The minutes must record the following information:\n(a) the names of the members attending the meeting;\n(b) the names of any members with leave to be absent from the\nmeeting;\n(c) each issue voted on during the meeting;\n(d) whether any member declared a conflict of interest or\nabstained from voting;\n(e) the number of votes for or against, or abstaining from, a\ndecision in relation to a development application.\n(2) The Development Consent Authority is to keep available for public\ninspection during normal office hours the minutes of meetings of the\nDevelopment Consent Authority and of its committees.\n","sortOrder":211},{"sectionNumber":"104","sectionType":"section","heading":"Committees","content":"104 Committees\n(1) The Development Consent Authority may establish one or more\ncommittees for the purposes of advising the Authority on matters\nrelated to its functions or for the purpose of performing functions\ndelegated to it under section 86, or for both purposes.\n(2) A person may be a member of a committee of the Development\nConsent Authority whether or not he or she is also a member of the\nAuthority.\n\nPlanning Act 1999 130\n","sortOrder":212},{"sectionNumber":"104A","sectionType":"section","heading":"Annual report","content":"104A Annual report\n(1) The Chair of the Development Consent Authority must prepare and\ngive to the Minister a report on the performance by the\nDevelopment Consent Authority of its functions during each\nfinancial year.\n(2) The report must be given to the Minister by 31 October following\nthe end of the financial year.\n(3) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n","sortOrder":213},{"sectionNumber":"105","sectionType":"section","heading":"Protection of members and witnesses","content":"105 Protection of members and witnesses\n(1) No action or proceeding, civil or criminal, is to lie against a member\nor person acting with the authority of the Development Consent\nAuthority for or in respect of an act or thing done or omitted to be\ndone in good faith by the member or person or by the Authority in:\n(a) the performance or purported performance of a function; or\n(b) the exercise or purported exercise of a power,\nunder this or any other Act imposing a function or conferring a\npower on the Authority.\n(2) A witness appearing before the Development Consent Authority\nhas the same protection and immunity as a witness in proceedings\nbefore the Supreme Court.\n","sortOrder":214},{"sectionNumber":"106","sectionType":"section","heading":"Disrupting meeting","content":"106 Disrupting meeting\n(1) The Chair may direct a person to leave a meeting of the\nDevelopment Consent Authority if, in the opinion of the Chair, the\nperson during the meeting:\n(a) is abusive to a member of the Authority; or\n(b) interrupts proceedings of the Authority.\n(2) A person directed to leave a meeting under subsection (1) must:\n(a) leave and not return to that meeting; and\n(b) not create a disturbance or take part in creating or continuing\na disturbance, in or near a place where the Authority is\nmeeting.\n\nPlanning Act 1999 131\n(3) A person commits an offence if the person:\n(a) is directed to leave a meeting under subsection (1); and\n(b) intentionally contravenes subsection (2).\n6 months.\n(4) Strict liability applies to subsection (3)(a).\n","sortOrder":215},{"sectionNumber":"107","sectionType":"section","heading":"Offence to disclose certain information","content":"107 Offence to disclose certain information\n(b) the person obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; and\n(c) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(d) the person intentionally engages in conduct; and\n(e) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the information;\nand\n(f) the person is reckless in relation to the result and\ncircumstance specified in paragraph (e).\n6 months.\n(2) Strict liability applies to subsection (1)(a) and (b).\n\nPlanning Act 1999 132\n(3) If the information mentioned in subsection (1) relates to a person, it\nis a defence to a charge for an offence against that subsection if the\nperson has consented to the disclosure of the information.\nA person to whom the information relates includes a person who has a direct\ninterest in the information remaining confidential because the information is\nfinancial, commercial, personal or cultural information.\nNote for subsection (3)\nIn addition to the circumstances mentioned in this section, a person who\ndiscloses information mentioned in this section will not be criminally responsible\nfor an offence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\n","sortOrder":216},{"sectionNumber":"108","sectionType":"section","heading":"Jurisdiction","content":"108 Jurisdiction\nThe Tribunal has the jurisdiction specified in this Division.\n","sortOrder":217},{"sectionNumber":"111","sectionType":"section","heading":"Review of decisions of consent authority","content":"111 Review of decisions of consent authority\n(1) The following decisions of a consent authority are reviewable by the\nTribunal:\n(a) a decision refusing to consent to a development proposal\nunder section 30W(1)(c);\n(b) a decision refusing to issue a certificate under section 37B\nor 43D;\n(c) a decision imposing conditions on the certificate under\nsection 37B(2)(b);\n(d) a decision requesting additional information under\nsection 46(4);\n(e) a decision refusing to grant an extension of time under\nsection 46(8);\n(f) a decision refusing to consent to a proposed development\nunder section 53(c);\n(g) a decision issuing an enforcement notice under section 77;\n(h) a decision specifying the requirements of an enforcement\nnotice under section 77C.\n\nPlanning Act 1999 133\n(2) An application for review of a decision specified in subsection (1)\nmay be made by the following:\n(a) the applicant in relation to a decision referred to in\nsubsection (1)(a) to (f);\n(b) the person subject to an enforcement notice in relation to a\ndecision referred to in subsection (1)(g) and (h).\n(3) An application for review must be made within 28 days after the\nperson is served with the decision notice.\nNote for section 111\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to Tribunal for review and other relevant matters in\nrelation to reviews.\n","sortOrder":218},{"sectionNumber":"112","sectionType":"section","heading":"Review if consent authority does not determine application","content":"112 Review if consent authority does not determine application\n(1) A person who made an application under section 30C may apply to\nthe Tribunal for a review of a decision of the Minister under that\nsection in relation to the development application component of a\nconcurrent application if, within 49 days after service of the notice\nunder section 30U(1) no notice was served on the applicant under\nsection 30Y or 30Z.\n(2) A person who made a development application under section 46\nmay apply to the Tribunal for a review of any lack of decision by a\nconsent authority to determine the application if:\n(a) the consent authority deferred its decision and all other\nrelevant decisions or procedures in relation to the deferral are\ncompleted; or\n(b) the applicant is not served with a notice under section 53B or\n53C within 84 days of making the application.\n(3) A person who made an application under section 57 or 59 may\napply to the Tribunal for a review of any lack of decision by a\nconsent authority to determine the application if the consent\nauthority does not notify the applicant of a determination within\n84 days of the application being made.\n(4) For the purposes of a review under this section, the application is\ntaken to be refused under section 30C, 30W, 53, 57 or 59.\n(5) Despite subsection (4), the application may be determined under\nsection 30C, 30W, 53, 57 or 59 any time before the Tribunal\ndetermines the review.\n\nPlanning Act 1999 134\n(6) If the application is determined in accordance with subsection (5),\nthe applicant may:\n(a) abandon the application for review to the Tribunal under this\nsection; or\n(b) continue the application for review in relation to the actual\ndetermination of the consent authority.\n(7) The Tribunal must refund to the applicant all fees paid in respect of\nany abandoned application for review.\n","sortOrder":219},{"sectionNumber":"113","sectionType":"section","heading":"Review of refusal to extend period of development permit","content":"113 Review of refusal to extend period of development permit\n(1) A person who made an application to a consent authority under\nsection 59 may apply to the Tribunal for a review of a determination\nof the consent authority under that section other than in accordance\nwith the application.\ngiven the statement of reasons for the determination under\nsection 59(4).\n","sortOrder":220},{"sectionNumber":"114","sectionType":"section","heading":"Review of determination of concurrent application or","content":"114 Review of determination of concurrent application or\ndevelopment application\n(1AA) A person who made a concurrent application under section 30C\nmay apply to the Tribunal for a review of a determination by the\nconsent authority:\n(a) under section 30W(1)(b), to alter the development proposal in\nthe application; or\n(b) under section 30W(1)(a) or (b), to impose a condition on the\ndevelopment proposal in the application, including a condition\nreferred to in section 70(3).\n(1) A person who made a development application under section 46\nmay apply to the Tribunal for a review of a determination by the\nconsent authority:\n(a) under section 53(b), to alter the proposed development in the\napplication; or\n(b) under section 53(a) or (b), to impose a condition on the\nproposed development in the application or on the altered\nproposed development, including a condition referred to in\nsection 70(3).\n\nPlanning Act 1999 135\nserved with a notice under section 30Y or 53B in respect of the\ndetermination.\n","sortOrder":221},{"sectionNumber":"115","sectionType":"section","heading":"Review of refusal to refund or remit contribution","content":"115 Review of refusal to refund or remit contribution\n(1) A person who made an application under section 73(3) may apply\nto the Tribunal for a review of a refusal under that section to refund\nor remit all or part of a contribution otherwise payable by the person\nunder Part 6.\n(2) An application under subsection (1) must be made within 28 days\nafter the applicant is notified in writing of the refusal.\n(3) If the person's application under section 73(3) is not determined\nwithin 84 days of being received:\n(a) the local government council or service authority is taken to\nhave refused to refund or remit any of the contribution\notherwise payable by the person; and\n(b) the person may apply to the Tribunal for a review at any time\nafter the expiry of those 84 days and before the matter is\ndetermined by the local government council or service\nauthority.\n(4) Despite subsection (3)(a), the application may be determined under\nsection 73 any time before the Tribunal determines the review.\n(5) If the application is determined in accordance with subsection (4),\nthe applicant may:\n(a) abandon the application for review to the Tribunal under this\nsection; or\n(b) continue the application for review in relation to the actual\ndetermination of the local government council or service\nauthority.\n(6) The Tribunal must refund to the applicant all fees paid in respect of\nany abandoned application for review.\n","sortOrder":222},{"sectionNumber":"116","sectionType":"section","heading":"Review of refusal to vary condition of development permit","content":"116 Review of refusal to vary condition of development permit\n(1) A person who made an application under section 57 may apply to\nthe Tribunal for a review of a determination of the consent authority\nunder that section refusing to vary the condition in accordance with\nthe application.\n\nPlanning Act 1999 136\ngiven the statement of reasons for the determination under\nsection 57(5).\n","sortOrder":223},{"sectionNumber":"117A","sectionType":"section","heading":"No review jurisdiction for certain determinations of Minister","content":"117A No review jurisdiction for certain determinations of Minister\n(1) The Tribunal has no jurisdiction to review the determination of a\ndevelopment application by the Minister when he or she is the\nconsent authority under section 4(5).\n(2) The Minister may, by Gazette notice, declare that the Tribunal has\nno jurisdiction to review a particular determination of the Minister as\nthe consent authority that would otherwise be reviewable under this\nDivision.\n","sortOrder":224},{"sectionNumber":"118A","sectionType":"section","heading":"Parties to application for review","content":"118A Parties to application for review\nEach of the following is a party to an application for a review:\n(a) the person making the application (the applicant);\n(b) for an application other than under section 115 – the consent\nauthority against whose determination or failure to make a\ndetermination the application is made;\n(c) for an application under section 115 – the local government\ncouncil or service authority against whose determination or\nfailure to make a determination the application is made.\n","sortOrder":225},{"sectionNumber":"119","sectionType":"section","heading":"No use or development permitted under permit if application","content":"119 No use or development permitted under permit if application\nfor review\n(1) Subject to this Act, if an application for a review is made in relation\nto the issue of a development permit, the holder of the permit must\ncease all conduct under the permit until the application is\ndetermined by the Tribunal.\n(a) the person holds a development permit; and\n(b) an application for a review is made in relation to the issue of\nthe development permit; and\n(c) the person intentionally engages in conduct; and\n\nPlanning Act 1999 137\n(d) the conduct results in the use or development of land in\naccordance with the permit and the person is reckless in\nrelation to that circumstance.\nDefault penalty: 2 penalty units.\n(3) Strict liability applies to subsection (2)(a) and (b).\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant took reasonable steps and exercised\ndue diligence to prevent the commission of the offence.\n","sortOrder":226},{"sectionNumber":"120","sectionType":"section","heading":"Authorities and local government councils to provide","content":"120 Authorities and local government councils to provide\ninformation\n(1) On receipt of an application, other than an application under\nsection 115, the Registrar must require the consent authority to\nprovide to the Registrar and each other party, before a date\nspecified by the Registrar in the requirement, copies of all\ninformation before it when it made the determination to which the\napplication relates.\n(2) On receipt of an application under section 115, the Registrar must\nrequire the local government council or service authority to provide\nto the Registrar and the applicant, before a date specified by the\nRegistrar in the requirement, copies of all information before it when\nit made the determination under section 73(1)(d) to which the\napplication relates.\n(3) The date specified under subsection (1) or (2) is to be at least\n7 days before the date to be fixed by the Registrar under\nsection 121 for a conference in relation to the matter.\n","sortOrder":227},{"sectionNumber":"130","sectionType":"section","heading":"Determination of application for review","content":"130 Determination of application for review\n(2) In determining an application for a review, except an application\nunder section 113 or 115, the Tribunal must take into account the\nsame matters as the consent authority was required to consider\nwhen making the decision under review.\n(3) The Tribunal must not determine an application for review of a\ndecision to permit a proposed development specified in a\nconcurrent application or development application except in\naccordance with any planning scheme applicable to the\n(3A) Subsection (3) does not apply in relation to a concurrent application\nif the amendment decision for the application will, if it takes effect,\n\nPlanning Act 1999 138\namend any planning scheme applicable to the development to\nenable the development proposal in the application to be carried\nout in accordance with the planning scheme as amended.\n(4) The Tribunal must, in writing, determine an application for a review\nof a determination of a consent authority by taking one of the\nfollowing actions:\n(a) confirming the determination of the consent authority;\n(b) in respect of an application under section 114 only – revoking\nthe determination set out in the notice served under section\n30Y or 53B, substituting the determination of the Tribunal and\nordering the consent authority to issue a development permit\nsubject to any conditions the Tribunal thinks fit;\n(c) ordering the consent authority to issue or vary a development\npermit subject to any conditions the Tribunal thinks fit.\n(5) The Tribunal must determine an application under section 115 by\nordering that:\n(a) all or some contribution paid or payable by the applicant is to\nbe refunded or remitted by the local government council or\nservice authority; or\n(b) no contribution paid or payable by the applicant is to be\nrefunded or remitted by the local government council or\nservice authority.\n(6) To avoid doubt, a determination of an application by the Tribunal is\na review of the determination of the consent authority, local\ngovernment council or service authority on its merits.\n(7) Also, the Tribunal may take action under subsection (4)(b) or (c)\nonly if satisfied:\n(a) the consent authority manifestly failed to take into account a\nmatter referred to in section 30P(2) or 51 (as applicable); or\n(b) the determination of the consent authority would result in a\nplanning outcome manifestly contrary to a provision of a\nplanning scheme.\n\nPlanning Act 1999 139\n","sortOrder":228},{"sectionNumber":"134","sectionType":"section","heading":"Delegation by Minister","content":"134 Delegation by Minister\nThe Minister may, in writing, delegate to a person any of the\nMinister's powers and functions under this Act except the following:\n(a) the power under section 85 to direct the Development\nConsent Authority;\n(b) the power under section 117A(2) to declare a right to apply for\nreview is no longer exercisable.\n","sortOrder":229},{"sectionNumber":"135","sectionType":"section","heading":"Fees and charges","content":"135 Fees and charges\n(1) The Minister may, by notice in the Gazette, prescribe the fees to be\ncharged in relation to matters under this Act.\n(2) The Minister may, in the circumstances of a particular case, in\nwriting, waive, or remit the whole or part of, a fee prescribed under\n(3) An amount may be charged for the provision of a service relating to\na matter under this Act for which a charge is not otherwise\nprescribed if the amount is reasonably proportionate to the\nreasonable cost of providing the service.\n","sortOrder":230},{"sectionNumber":"135A","sectionType":"section","heading":"Approved forms","content":"135A Approved forms\nThe Minister may approve forms to be used under this Act.\n","sortOrder":231},{"sectionNumber":"135B","sectionType":"section","heading":"Administrative guidelines","content":"135B Administrative guidelines\n(1) The Minister may issue guidelines on how to interpret and\nadminister the provisions of this Act, the regulations and planning\nschemes.\n(2) The guidelines issued under subsection (1) must be consistent with\nthis Act, the regulations and planning schemes.\n(3) The Minister may publish the guidelines in the way the Minister\nconsiders appropriate.\n(4) The members of the Planning Commission and the Development\nConsent Authority must have regard to the guidelines issued under\nsubsection (1) when performing their functions and exercising their\npowers.\n\nPlanning Act 1999 140\n","sortOrder":232},{"sectionNumber":"136","sectionType":"section","heading":"Planning schemes to be available to public","content":"136 Planning schemes to be available to public\n(1) The Minister must make available, for purchase or inspection by the\npublic, copies of:\n(a) each planning scheme;\n(b) all proposed amendments of a planning scheme that have\nbeen or are on exhibition;\n(c) all land use objectives, control plan amendments and\nexplanatory documents made under the Planning Act 1979\nand the Planning Act 1993; and\n(d) all repealed provisions of a planning scheme.\n(2) A copy of a control plan amendment within the meaning of the\nPlanning Act 1979 and the Planning Act 1993 is not to be sold\nunless an explanatory document in relation to the amendment is\nsold with the copy.\n(3) A copy of provisions of a planning scheme that incorporate a map,\nplan, design or diagram may be sold although the map, plan,\ndesign or design is not sold with the copy.\n","sortOrder":233},{"sectionNumber":"137","sectionType":"section","heading":"Certified copies of planning documents, permits etc.","content":"137 Certified copies of planning documents, permits etc.\n(1) A person may apply to the Minister for a certified copy of any of the\n(a) a planning document, as in force at a specified date under a\nPlanning Act;\n(b) a permit issued under a Planning Act;\n(c) any other document issued under a Planning Act.\n(2) The application must be in the approved form and be accompanied\nby the prescribed fee.\n(3) A copy certified under this section is admissible in a court, or before\na body or person acting judicially, as evidence of the contents of the\ndocument of which it is a copy.\n\nPlanning Act 1999 141\nPlanning Act means any of the following, as in force from time to\ntime:\n(a) the Planning Act 1979;\n(b) the Planning Act 1993;\n(c) this Act.\nplanning document means any of the following:\n(a) a planning scheme or part of a planning scheme;\n(b) planning and development objectives of the Territory, a\nplanning instrument, control plan, land use objective,\nincorporated document or development provision;\n(c) an instrument amending or proposing to amend a document\nreferred to in paragraph (a) or (b).\n","sortOrder":234},{"sectionNumber":"138","sectionType":"section","heading":"Registers and plans for public inspection","content":"138 Registers and plans for public inspection\nA consent authority must retain and keep available for public\ninspection during normal office hours:\n(a) a copy of each plan of subdivision or consolidation approved\nby the consent authority;\n(b) a register of all permits issued by the consent authority; and\n(c) a register of all determinations of the Appeals Tribunal, or the\nPlanning Appeals Tribunal under the Planning Act 1979 and\nthe Planning Act 1993, in respect of determinations of the\nconsent authority.\n","sortOrder":235},{"sectionNumber":"139","sectionType":"section","heading":"Service of notices and other documents","content":"139 Service of notices and other documents\n(1) Except if otherwise provided in this Act, a notice or other document\nrequired by this Act to be given to, or served on, a person may be\ngiven or served as follows:\n(a) in any manner provided under section 25 of the Interpretation\nAct 1978;\n(b) by sending it to the recipient by means of a method of\nelectronic transmission that provides a record of receipt or\ndelivery;\n\nPlanning Act 1999 142\n(c) in the case of a corporation – in accordance with the\nCorporations Act 2001 (Cth).\n(2) A notice under, or arising out of a breach of, this Act or a condition\nof a permit may, in the case of a corporation without a registered\noffice in the Territory, be served by affixing a copy of the notice on a\nconspicuous part of the land to which it relates.\n","sortOrder":236},{"sectionNumber":"139A","sectionType":"section","heading":"Electronic publication","content":"139A Electronic publication\n(1) A requirement under this Act to publish a document in a newspaper\nmay be satisfied by publishing the document on a website or other\nelectronic platform that makes it publicly available in the Territory.\n(2) Subsection (1) has effect despite any provision in this Act to the\ncontrary other than the following:\n(a) section 68(3);\n(b) a provision requiring a notice or document to be published in\nthe Gazette.\n","sortOrder":237},{"sectionNumber":"140","sectionType":"section","heading":"Planning certificates","content":"140 Planning certificates\n(1) A person may apply in the approved form accompanied by the\nprescribed fee to the Minister for a certificate under this section.\n(2) A certificate issued under this section is prima facie evidence of the\nfacts certified in it.\n(3) A certificate under this section is to:\n(a) be in the approved form; and\n(b) show in relation to the land in respect of which it is issued as\nat the date on which the certificate is issued:\n(i) whether a provision of a planning scheme or an interim\ndevelopment control order applies;\n(ii) in general terms, the effect of restrictions or prohibitions,\nif any, placed by or under this Act on the use of the land;\n(iii) if a development application has been determined within\n2 years before the date of the application for a certificate\nunder this section – the nature of the development\napplication and the determination made in respect of it;\n\nPlanning Act 1999 143\n(iv) if a permit is in force – the nature of the permit; and\n(v) if an application for a permit has been made but no\npermit or notice relating to the determination of the\napplication has been issued or served – the nature of the\n(4) If a condition of the permit referred to in section 56 permits the\ndevelopment to which the application relates to be completed in\nstages, a certificate issued under this section may certify that the\nrequirements of this Act have been complied with in respect of the\ndevelopment of land although not all stages of the development\npermitted under the development permit have been completed in\nrelation to the balance of that land.\n","sortOrder":238},{"sectionNumber":"141","sectionType":"section","heading":"Effect of planning certificates","content":"141 Effect of planning certificates\n(1) For the purpose of proceedings for an offence against this Act\ntaken by or against a person who has obtained a certificate under\nsection 140, the certificate is, in favour of the person, conclusive\nevidence of the matters stated in it at the time the certificate was\nissued.\n(2) For the purposes of the registration of a plan or instrument intended\nto affect or evidence the title to land, a certificate under section 140\nis, in favour of:\n(a) the person to whom the certificate is issued; and\n(b) the Registrar-General, the Solicitor for the Northern Territory\nor another person registering or certifying title,\nconclusively presumed to be true and correct.\n(3) A claim against the Development Consent Authority in respect of a\ncertificate referred to in this section is a claim against the Territory.\n","sortOrder":239},{"sectionNumber":"142","sectionType":"section","heading":"Compensation for abortive expenditure","content":"142 Compensation for abortive expenditure\n(1) A person who, relying on a development permit, has incurred\nexpenditure that has been rendered abortive in whole or in part by\nthe revocation or modification of the permit under section 66, may\nrecover the amount of the expenditure under this section from the\nTerritory.\n\nPlanning Act 1999 144\n(2) Divisions 2 and 3 of Part VIII of the Lands Acquisition Act 1978,\nwith the necessary changes, apply to and in relation to a claim for\ncompensation under subsection (1) as they apply to claims for\ncompensation for abandoned proposals under that Act.\n(3) For the purposes of subsection (2), a reference in Divisions 2 and 3\nof Part VIII of the Lands Acquisition Act 1978:\n(a) to a claim for compensation under section 60 of that Act – is to\nbe read as a reference to a claim for compensation under\nsubsection (1);\n(b) to the date of service of a notice under section 35 of that Act –\nis to be read as a reference to the date of service of notice of\nrevocation or modification of a permit under section 66;\n(c) to compensation under that Act – is to be read as a reference\nto compensation under subsection (1); and\n(d) to Schedule 2 to that Act – is to be disregarded.\n","sortOrder":240},{"sectionNumber":"143","sectionType":"section","heading":"Compensation and liability","content":"143 Compensation and liability\nExcept as provided by this Act, the Territory is not liable to pay\ncompensation to a person as a result of the operation of this Act or\nof the due exercise of a power, function, authority or discretion\nconferred by this Act unless, in a particular case, it amounts to an\nacquisition of property within the meaning of section 50 of the\nNorthern Territory (Self-Government) Act 1978 of the\nCommonwealth, in which case the acquisition is to be on just terms.\n","sortOrder":241},{"sectionNumber":"144","sectionType":"section","heading":"Inquiries","content":"144 Inquiries\n(1) The Minister may require the Chair or a Division to conduct an\ninquiry for purposes connected with the administration of this Act.\n(2) The Chair or a Division may appoint a person to conduct an inquiry\nthe Chair or the Division is required to conduct under\n(3) The Inquiries Act applies to and in relation to an inquiry under this\nsection as if the Chair or the Division or the person appointed under\nsubsection (2) had been appointed as a Board or Commissioner, as\nthe case may be, under section 4(1) of that Act.\n(4) The Development Consent Authority or the person appointed under\nsubsection (2), as the case may be, must provide a report to the\nMinister setting out the results of an inquiry under this section.\n\nPlanning Act 1999 145\n","sortOrder":242},{"sectionNumber":"144A","sectionType":"section","heading":"Advisory committees","content":"144A Advisory committees\n(1) The Minister may establish one or more advisory committees to\nadvise the Minister on matters in connection with planning for or\ncontrol of the use and development of land.\n(2) The Minister may set the terms of reference for an advisory\ncommittee and appoint the members of the committee as the\nMinister sees fit.\n(3) An advisory committee may be established to provide advice on a\nspecific matter for a limited period of time or to provide ongoing\nadvice.\n","sortOrder":243},{"sectionNumber":"145","sectionType":"section","heading":"Territory lease term of no effect if inconsistent with Scheme or","content":"145 Territory lease term of no effect if inconsistent with Scheme or\norder\nIf a planning scheme or an interim development control order\napplies to land the subject of a lease from the Territory, a provision\nor covenant in the lease that permits or requires the use of the\nleased land for purposes inconsistent with the planning scheme or\norder is, to the extent of the inconsistency, of no effect.\n","sortOrder":244},{"sectionNumber":"146","sectionType":"section","heading":"Saving of other laws","content":"146 Saving of other laws\nNothing in this Act permits a person to use or develop land in\ncontravention of any other law in force in the Territory.\n","sortOrder":245},{"sectionNumber":"147","sectionType":"section","heading":"Actions not to be invalidated","content":"147 Actions not to be invalidated\nAn action taken by the Development Consent Authority, the Minister\nor the Appeals Tribunal is not invalid by reason only of\nadministrative error or oversight if the action was done in good faith\nand will not cause hardship to, or prejudice the interests of, a\nperson.\n","sortOrder":246},{"sectionNumber":"148","sectionType":"section","heading":"Regulations","content":"148 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act,\n\nPlanning Act 1999 146\nand, in particular:\n(c) providing for the payment of fees and expenses to witnesses\nrequired by this Act to attend and give evidence before the\nDevelopment Consent Authority, the Appeals Tribunal or any\nother person; and\n(d) prescribing the manner in which fees or payments prescribed\nare to be calculated or paid; and\n(e) prescribing types of easements for the purposes of section 64\nand the purposes of, and powers in relation to, those\neasements; and\n(f) providing for the inspection of instruments required to be kept\nunder section 137 and of the registers required to be kept\nunder section 138; and\n(g) providing a method for assessing, reviewing and collecting the\ncontribution payable under a contribution plan; and\n(h) requiring the notification of administrative interests and\ninformation in relation to land affected by this Act; and\n(j) prescribe a fine not exceeding 200 penalty units for an offence\nagainst a regulation other than an offence of strict liability or\nabsolute liability; and\n(k) prescribe a fine not exceeding 100 penalty units for an offence\nagainst a regulation that is an offence of strict liability or\nabsolute liability.\n(2) The Regulations may provide for any of the following:\n(a) offences against the Regulations to be regulatory offences;\n(b) the payment of a prescribed amount instead of a penalty that\nmay otherwise be imposed for an offence against this Act or\nthe Regulations, the service of a notice relating to the payment\nof the amount on a person alleged to have committed the\noffence and the particulars to be included in the notice.\n","sortOrder":247},{"sectionNumber":"148A","sectionType":"section","heading":"Validity of decision","content":"148A Validity of decision\n(1) This section applies in relation to the Minister's decision to refuse a\nrequest to amend the NT Planning Scheme to change the zones of\nLots 6907 and 6908 Town of Darwin, notice of which decision is\ndated 27 July 2020.\n\nPlanning Act 1999 147\n(2) Despite any law to the contrary, the decision is valid, and is taken to\nhave been valid, on and from the date it was made.\nPart 11 Repeal and transitional matters for Planning\nAct 1999\nDivision 1 Repeal and definitions\n149 Repeal\nThe Planning Act 1993 (No. 85 of 1993) is repealed.\n150 Definitions\nIn this Part, unless the contrary intention appears:\ncommencement date means the date of commencement of the\nPlanning Act 1999.\ncontrol plan and control plan amendment have the same\nrespective meanings they had in the former Act.\ndraft control plan amendment has the same meaning as in the\nformer Act.\nformer Act means the Planning Act 1993.\nformer Appeals Tribunal means the Planning Appeals Tribunal\nwithin the meaning of the former Act.\nformer Authority means the Northern Territory Planning Authority\nconstituted under the former Act.\nformer consent authority means the consent authority within the\nmeaning of the former Act.\nplanning instrument means a planning instrument saved under\nsection 134 of the former Act.\n","sortOrder":248},{"sectionNumber":"151","sectionType":"section","heading":"Development Consent Authority to replace Planning Authority","content":"151 Development Consent Authority to replace Planning Authority\nOn and from the commencement date:\n(a) all real and personal property that immediately before that\ndate was vested in the former Authority vests in the Territory;\n\nPlanning Act 1999 148\n(b) all money and liquidated and unliquidated claims that,\nimmediately before that date, were payable to or recoverable\nby the former Authority are to be money and liquidated and\nunliquidated claims payable to or recoverable by the Territory;\n(c) all proceedings in a court commenced before that date:\n(i) by the former Authority and pending immediately before\nthat date are to be taken to be proceedings pending on\nthat date by the Territory and may be continued in the\nname of the former Authority; and\n(ii) by any person against the former Authority and pending\nimmediately before that date are to be taken to be\nproceedings pending on that date by that person against\nthe Territory;\n(d) all contracts, agreements, arrangements and undertakings\nentered into with, and all securities lawfully given to or by, the\nformer Authority and in force immediately before that date are\nto be taken to be contracts, agreements, arrangements and\nundertakings entered into with and securities given to or by\nthe Territory;\n(e) the Territory may, in addition to pursuing any other remedies\nor exercising any other powers that may be available to it, in\nits own name, pursue the same remedies for the recovery of\nmoney and claims referred to in this section and for the\nprosecution of actions and proceedings so referred to as the\nformer Authority might have done but for the enactment of this\nAct;\n(f) the Territory may enforce and realise any security or charge\nexisting immediately before that date in favour of the former\nAuthority and may exercise any powers thereby conferred on\nthe former Authority as if the security or charge were a\nsecurity or charge in favour of the Territory;\n(g) all debts, money and claims, liquidated and unliquidated, that\nimmediately before that date were due or payable by or\nrecoverable against the former Authority, are to be debts due\nand payable by, money payable by and claims recoverable\nagainst, the Territory; and\n(h) all liquidated and unliquidated claims for which the former\nAuthority would, but for the commencement of this Act, have\nbeen liable are to be liquidated and unliquidated claims, as the\ncase may be, for which the Territory is to be liable.\n\nPlanning Act 1999 149\n","sortOrder":249},{"sectionNumber":"152","sectionType":"section","heading":"References in other documents","content":"152 References in other documents\nA reference in:\n(a) another Act; or\n(b) an instrument of a legislative or administrative character (other\nthan an instrument appointing a person as a member of the\nformer Authority),\nto the former Authority is to be taken to be a reference to the\nDevelopment Consent Authority.\n","sortOrder":250},{"sectionNumber":"153","sectionType":"section","heading":"Saving of actions","content":"153 Saving of actions\nAn act, matter or thing done or omitted to be done before the\ncommencement of this Act by, to or in respect of the former\nAuthority is, to the extent that but for the commencement of this Act\nthat act, matter or thing would on or after the commencement date\nhave had any force or effect or been in operation, to be taken to\nhave been done or omitted to be done by, to or in respect of the\nDevelopment Consent Authority, as the case may be.\n","sortOrder":251},{"sectionNumber":"154","sectionType":"section","heading":"Development Consent Authority to keep records of former","content":"154 Development Consent Authority to keep records of former\nAuthority\nThe Development Consent Authority must retain all records and\nminutes that the former Authority had kept as required under the\nformer Act.\n","sortOrder":252},{"sectionNumber":"155","sectionType":"section","heading":"Saving of objectives","content":"155 Saving of objectives\n(1) On and from the commencement date, a land use objective in force\nunder the former Act immediately before the commencement date\nis to be taken to be a land use objective made under this Act.\n(2) If a proposed land use objective within the meaning of the former\nAct , or a proposed amendment to such a land use objective, had\nbeen, or begun to be, exhibited under section 8 of the former Act\nbut had not been made under that Act, the proposal is to be taken\nto be a proposed land use objective or an amendment to a land use\nobjective under this Act and the exhibition is to be taken to have\ntaken, or to be taking, place under section 17 of this Act.\n\nPlanning Act 1999 150\n","sortOrder":253},{"sectionNumber":"156","sectionType":"section","heading":"Saving of control plans","content":"156 Saving of control plans\n(1) On and from the commencement date, a control plan (including a\nplanning instrument) within the meaning of the former Act in force\nunder the former Act immediately before the commencement date\nis to be taken to be part of the development provisions under this\nAct.\n(2) If a provision of the development provisions specifies the area to\nwhich part of the development provisions is to relate and all of the\narea specified is within a Division area, the Minister may, within\n3 months after the commencement date, by notice in the Gazette,\namend the development provisions:\n(a) by repealing a provision specifying the consent authority in\nrelation to that part of the development provisions; or\n(b) by omitting a reference to the Planning Authority and\nsubstituting a reference to the consent authority.\n(3) Part 2 of this Act does not apply in relation to an amendment to the\ndevelopment provisions made under subsection (2).\n","sortOrder":254},{"sectionNumber":"157","sectionType":"section","heading":"Proposed new control plans","content":"157 Proposed new control plans\n(1) Subject to this section, this Act applies in relation to a proposed\ncontrol plan existing under the former Act immediately before the\ncommencement date as if it were a proposed amendment to the\nDevelopment Provisions.\n(2) If under the former Act a proposed control plan has been exhibited\nfor part only of the period required by or under section 19 of that\nAct, this Act applies as if the plan were required under section 17(1)\nof this Act to be exhibited for all of the period required by or under\nsection 19 of the former Act in relation to the proposal.\n(3) If under the former Act a proposed control plan has completed the\nexhibition period required by or under section 19 of that Act and the\nformer Authority has made a submission to the Minister under\nsection 23 of the former Act in relation to the plan, the Minister may:\n(a) require a further hearing or consultation under section 23 of\nthis Act, in which case Divisions 3 and 4 of Part 2 of this Act\napply to the proposed control plan; or\n(b) deal with the proposed control plan under Division 4 of Part 2\nof this Act,\n\nPlanning Act 1999 151\nas if:\n(c) a submission made to the former Authority under section 21 of\nthe former Act had been made to the Minister under\nsection 19 of this Act; and\n(d) the report under section 23 of the former Act were a report\nunder section 20 of this Act.\n(4) If under the former Act a proposed control plan has completed the\nexhibition period required by or under section 19 of the former Act\nbut the former Authority:\nthe former Act in relation to the proposed plan; and\n(b) has not part-heard the matter,\nrelation to the proposed control plan is to be taken to be a\nsubmission made under section 19 of this Act; and\n(d) sections 20, 22 and 23 and Division 4 of Part 2 of this Act\napply in relation to the proposed control plan.\n(5) If under the former Act a proposed control plan has completed the\nexhibition period required by or under section 19 of the former Act\nbut the former Authority:\nthe former Act in relation to the proposed control plan; and\n(b) has part-heard the matter,\nrelation to the proposed control plan is to be taken to be a\nsubmission made under section 19 of this Act;\n(d) the Chairman of the Planning Authority within the meaning of\nthe former Act must, within 60 days after the commencement\nof this Act:\n(i) prepare and deliver to the Minister under section 20 of\nthis Act a report as if he or she had been asked to do so\nunder that section; and\n\nPlanning Act 1999 152\n(ii) prepare and deliver to the Minister under section 22 of\nthis Act a report on so much of the hearing as has been\npart-heard as if he or she had been asked to do so\nunder that section;\n(e) the Minister must appoint a person under section 22 to\ncomplete the hearing and report to the Minister in accordance\nwith that section; and\n(f) section 23 and Division 4 of Part 2 apply in relation to the\nproposed control plan.\n","sortOrder":255},{"sectionNumber":"158","sectionType":"section","heading":"If exhibition of draft control plan amendment not completed","content":"158 If exhibition of draft control plan amendment not completed\n(1) If an application was made under the former Act for an amendment\nto a control plan but a draft control plan amendment has not, before\nthe commencement date, begun to be exhibited under the former\nAct, this Act applies as if it were an application made under\nsection 12 of this Act for an amendment to the Planning Scheme\nconsisting of an amendment to the development provisions.\n(2) If an application was made under the former Act for an amendment\nto a control plan but a draft control plan amendment has been\nexhibited for part only of the period required by or under section 19\nof the former Act, this Act applies as if it were an application made\nunder section 12 of this Act for an amendment to the Planning\nScheme consisting of an amendment to the development provisions\nand were required under section 17(1) of this Act to be exhibited for\nall of the period required by or under section 19 of the former Act in\nrelation to the amendment.\n","sortOrder":256},{"sectionNumber":"159","sectionType":"section","heading":"If decision not made in relation to exhibited draft control plan","content":"159 If decision not made in relation to exhibited draft control plan\namendments\n(1) If a draft control plan amendment has, under the former Act,\nthat Act and the former Authority has made a submission to the\nMinister under section 23 of the former Act in relation to the\nproposed amendment, the Minister may:\n(a) require a further hearing or consultation under section 23 of\nthis Act, in which case Divisions 3 and 4 of Part 2 of this Act\napply to the amendment; or\n(b) deal with the amendment under Division 4 of Part 2 of this Act,\n\nPlanning Act 1999 153\nas if:\n(c) the proposed amendment were a proposed amendment to the\nPlanning Scheme consisting of an amendment to the\ndevelopment provisions;\n(d) a submission made to the former Authority under section 21 of\nthe former Act had been made to the Minister under\nsection 19 of this Act; and\n(e) the report under section 23 of the former Act were a report\nunder section 20 of this Act.\n(2) If a draft control plan amendment has, under the former Act,\nthe former Act and the former Authority:\nthe former Act in relation to the proposed amendment; and\n(b) has not part-heard the matter,\nrelation to the proposed amendment is to be taken to be a\nsubmission made under section 19 of this Act; and\n(d) sections 20, 22 and 23 and Division 4 of Part 2 of this Act\napply in relation to the draft control plan amendment as if it\nwere a proposed amendment to the Planning Scheme\nconsisting of an amendment to the development provisions.\n(3) If a draft control plan amendment has, under the former Act,\nthe former Act and the former Authority:\nthe former Act in relation to the proposed amendment; and\n(b) has part-heard a matter,\nrelation to the proposed amendment is to be taken to be a\nsubmission made under section 19 of this Act;\n\nDivision 4 Development applications, permits, interim development control orders etc.\nPlanning Act 1999 154\n(d) the Chairman of the Planning Authority within the meaning of\nthe former Act must, within 60 days after the commencement\nof this Act:\n(i) prepare and deliver to the Minister under section 20 of\nthis Act a report as if he or she had been asked to do so\nunder that section; and\n(ii) prepare and deliver to the Minister under section 22 of\nthis Act a report on so much of the hearing as has been\npart-heard as if he or she had been asked to do so\nunder that section;\n(e) the Minister must appoint a person under section 22 to\ncomplete the hearing; and\n(f) section 23 and Division 4 of Part 2 apply as if it were an\napplication made under section 12 of this Act for an\namendment to the Planning Scheme consisting of an\namendment to the development provisions.\n","sortOrder":257},{"sectionNumber":"160","sectionType":"section","heading":"Declaration of incorporated documents","content":"160 Declaration of incorporated documents\n(1) Despite Part 2 of this Act, the Minister may, in writing, within\n30 days after the commencement date, declare an instrument to be\nan incorporated document.\n(2) The Minister must publish in the Gazette a notice specifying that an\nincorporated document has been declared and that copies of the\ndocument are available for purchase or viewing at a place specified\nin the notice.\nDivision 4 Development applications, permits, interim\ndevelopment control orders etc.\n","sortOrder":258},{"sectionNumber":"161","sectionType":"section","heading":"Saving of interim development control orders","content":"161 Saving of interim development control orders\nAn interim development control order within the meaning of the\nformer Act that was in force immediately before the commencement\ndate is to be taken to be an interim development control order made\nunder this Act.\n","sortOrder":259},{"sectionNumber":"162","sectionType":"section","heading":"Saving of existing non-conforming uses and works","content":"162 Saving of existing non-conforming uses and works\nA use of land (including of a building) or works that was or were\nlawful immediately before the commencement date under Part 6 of\nthe former Act continues to be lawful under this Act but may be\nvaried under this Act as if it were an existing use or existing works.\n\nDivision 4 Development applications, permits, interim development control orders etc.\nPlanning Act 1999 155\n","sortOrder":260},{"sectionNumber":"163","sectionType":"section","heading":"Saving of determinations","content":"163 Saving of determinations\nA determination saved by section 136 of the former Act and in force\nimmediately before the commencement date continues in force for\nthe period specified in the determination.\n","sortOrder":261},{"sectionNumber":"164","sectionType":"section","heading":"Saving of extensions of period and applications","content":"164 Saving of extensions of period and applications\n(1) If a period referred to in section 46 of the former Act was extended\nunder section 47 of the former Act, the period is to be taken to be a\nperiod extended under section 37 of this Act commencing at the\ntime it commenced under the former Act.\n(2) If an application was received under section 47 of the former Act\nbut was not determined under that section before the\ncommencement date, it is to be taken to be an application under\nsection 37 of this Act.\n(3) An application that was received under section 43 of the former Act\nbut was not determined under section 45 of the former Act before\nthe commencement of this Act is to be taken to be an application\nunder section 38 of this Act.\n","sortOrder":262},{"sectionNumber":"165","sectionType":"section","heading":"Saving of existing use determinations and permits","content":"165 Saving of existing use determinations and permits\n(1) A determination under section 45 of the former Act to consent to a\nproposal is to be taken to be an exceptional development permit\nissued under this Act.\n(2) A development permit within the meaning of the former Act or a\nconsent taken under section 137 of the former Act to be a\ndevelopment permit issued under that Act is to be taken to be a\ndevelopment permit issued under this Act and to be subject to the\nconditions, if any, specified on the permit or taken to be the\nconditions of the permit under that section.\n(3) A consent that was, immediately before the commencement date,\ncontinuing in force by virtue of the operation of section 138(4) of the\nformer Act is to be taken to be a development permit issued under\nthis Act subject to the conditions, if any, taken under that section to\nbe imposed on the determination.\n","sortOrder":263},{"sectionNumber":"166","sectionType":"section","heading":"Saving of statement of reasons and appeal periods","content":"166 Saving of statement of reasons and appeal periods\n(1) A statement of reasons issued under section 52(2), 57 or 58 of the\nformer Act is, subject to this section, to be taken to be a statement\nof the reasons for the determination in respect of a particular matter\nunder section 54, 59 or 57 of this Act, respectively.\n\nPlanning Act 1999 156\n(2) A person must not lodge a notice of appeal relating to a statement\nof reasons referred to in this section after the expiration of 28 days\nafter the date of the determination to which the reasons relate.\n","sortOrder":264},{"sectionNumber":"167","sectionType":"section","heading":"Development applications etc. lodged under former Act","content":"167 Development applications etc. lodged under former Act\n(a) an application was made to the former Authority as consent\nauthority under section 48, 57 or 58 of the former Act;\n(b) a hearing in respect of the application was commenced or\ncompleted under the former Act; and\n(c) a determination in respect of the application was not made\nbefore the commencement date,\nthe former Authority continues in existence for the purposes of\ndetermining the application, and may deal with the application\nunder the former Act, as if this Act had not come into operation.\n(2) If:\n(a) an application was made to the former Authority as consent\nauthority under section 48, 57 or 58 of the former Act; and\n(b) a hearing in respect of the application had not been\ncommenced under the former Act,\nthis Act applies to the application as if it were an application under\nsection 46, 59 or 57, respectively, of this Act.\n","sortOrder":265},{"sectionNumber":"168","sectionType":"section","heading":"Saving of contribution plans","content":"168 Saving of contribution plans\nA contribution plan within the meaning of the former Act that was in\nforce immediately before the commencement date is to be taken to\nbe a contribution plan made under this Act.\n","sortOrder":266},{"sectionNumber":"169","sectionType":"section","heading":"Trust accounts","content":"169 Trust accounts\nMoney held immediately before the commencement of this Act in a\ntrust account under section 31(2) of the former Act:\n(a) is to be taken to be money held in a trust account under\nsection 72(a) of this Act; and\n(b) is to be used under and in accordance with Part 6 of this Act.\n\nPlanning Act 1999 157\n","sortOrder":267},{"sectionNumber":"170","sectionType":"section","heading":"Saving of policy areas and claims etc.","content":"170 Saving of policy areas and claims etc.\nIf an area of land was, immediately before the commencement\ndate, a policy area within the meaning of the former Act or the\nPlanning (Parking Space Contributions) Regulations 1990 saved\nunder the former Act and any amendments to those Regulations\nunder that Act:\n(a) that area is to be taken to be a policy area within the meaning\nof this Act;\n(b) the method of calculating the amount of a contribution\ndetermined under the former Act in respect of the area is to be\ntaken to be a formula for calculation within the meaning of this\nAct;\n(c) all debts, money and claims, liquidated and unliquidated, that,\nimmediately before that date, were due or payable to the local\nauthority by virtue of section 29 or 145 of the former Act\ncontinue to be debts or money due or payable to and claims\nrecoverable by the local authority;\n(d) any money due or payable to the local authority by virtue of\nsection 29 or 145 of the former Act and paid after the\ncommencement date is to be taken to be money received\nunder section 72 of this Act and is to be dealt with in\naccordance with that section; and\n(e) a rate of interest payable, or a discount, declared under\nsection 32 of the former Act, or a decision to remit or refund\nmoney, continues in force until revoked by resolution of the\nlocal authority.\n","sortOrder":268},{"sectionNumber":"171","sectionType":"section","heading":"Appeal to Appeals Tribunal under former Act","content":"171 Appeal to Appeals Tribunal under former Act\n(1) If a notice of appeal within the meaning of the former Act was\nlodged with the former Appeals Tribunal under section 99 of the\nformer Act and a hearing (other than a preliminary hearing) in\nrespect of the matter was held under that Act before the\ncommencement date:\n(a) the former Appeals Tribunal; and\n(b) the former consent authority whose determination is the\nsubject of the notice of appeal,\n\nPlanning Act 1999 158\ncontinue in existence for the purpose of determining the matter and\n","sortOrder":269},{"sectionNumber":"Part 9","sectionType":"part","heading":"of the former Act applies as if the former Act had not been","content":"Part 9 of the former Act applies as if the former Act had not been\nrepealed by this Act.\n(2) If a notice of appeal was lodged with the former Appeals Tribunal\nunder section 99 of the former Act and a hearing (other than a\npreliminary hearing) in respect of the matter was not held before the\ncommencement date:\n(a) the former consent authority in respect of the land to which the\ninstrument relates is to be the consent authority for the\npurposes of the appeal; and\n(b) this Act applies as if the notice of appeal had been lodged with\nthe Appeals Tribunal under this Act.\n(3) If a person had, immediately before the commencement date, a\nright of appeal to the former Appeals Tribunal under the former Act\nbut had not before the commencement date lodged a notice of\nappeal under section 99 of the former Act:\n(a) a notice of appeal may be lodged under and in accordance\nwith section 118 of this Act as if the determination of the\nformer consent authority were a determination under the\nrelevant corresponding provision of this Act; and\n(b) the former consent authority under the former Act whose\ndetermination is the subject of the appeal is to be taken to be\nthe consent authority in respect of the land to which the\nrequest relates for the purposes of determining the appeal.\n","sortOrder":270},{"sectionNumber":"172","sectionType":"section","heading":"Saving of determinations of former Appeals Tribunal","content":"172 Saving of determinations of former Appeals Tribunal\nWithout affecting the limitation period to which a claim is subject\nunder the Limitation Act 1981, a determination of the former\nAppeals Tribunal under section 103 of the former Act continues in\nexistence as if it was made under section 130 of this Act.\n","sortOrder":271},{"sectionNumber":"173","sectionType":"section","heading":"Appeals to Supreme Court under former Act","content":"173 Appeals to Supreme Court under former Act\nA person who was eligible under the former Act to appeal to the\nSupreme Court on a question of law may do so as if the former Act\nhad not been repealed.\n\nPlanning Act 1999 159\n","sortOrder":272},{"sectionNumber":"174","sectionType":"section","heading":"Saving of notices","content":"174 Saving of notices\n(1) A notice served on a person under section 66(2)(a) of the former\nAct and in force immediately before the commencement date\ncontinues in force, and may be enforced, as if it were a notice\nserved under section 66(2)(a) of this Act.\n(2) A notice served on a person under section 38 of the former Act and\nin force immediately before the commencement date continues in\nforce, and may be enforced, as if it were a notice served under\nsection 76 of this Act.\n","sortOrder":273},{"sectionNumber":"175","sectionType":"section","heading":"Saving of rights to compensation","content":"175 Saving of rights to compensation\nWithout affecting the limitation period to which a claim is subject\nunder the Limitation Act 1981, section 142 of this Act applies in\nrespect of a person who had a right to receive compensation under\nsection 122 of the former Act as if the right had accrued under this\nAct.\n","sortOrder":274},{"sectionNumber":"176","sectionType":"section","heading":"Saving of provisions of certain regulations","content":"176 Saving of provisions of certain regulations\nRegulation 5 and Schedule 3 of the Planning Regulations 1994\ncontinued in existence under section 135(3) of the former Act\ncontinue in existence as if they were made under this Act and as if\na reference in regulation 5 of those Regulations to section 4 were a\nreference to section 3 of this Act, but may be repealed or amended\nby Regulations made under this Act.\n","sortOrder":275},{"sectionNumber":"177","sectionType":"section","heading":"Saving of inquiries","content":"177 Saving of inquiries\n(1) Subject to this section, an inquiry commenced under section 120 of\nthe former Act is to be taken to be an inquiry under section 144 of\nthis Act.\n(2) If the former Authority was directed to conduct an inquiry under\nsection 120 of the former Act, the former Authority continues in\nexistence for the purpose of reporting to the Minister in respect of\nthe inquiry.\n(3) If a person other than the former Authority was appointed to\nconduct an inquiry under section 120 of the former Act, he or she\nmust complete the inquiry and report to the Minister in accordance\nwith section 144 of this Act.\n\nPlanning Act 1999 160\n","sortOrder":276},{"sectionNumber":"178","sectionType":"section","heading":"Maintenance of registers","content":"178 Maintenance of registers\nIf, immediately before the commencement date, a register was kept\nunder section 118 of the former Act by the former Authority, the\nDevelopment Consent Authority must maintain the register in\naccordance with section 138 of this Act.\n","sortOrder":277},{"sectionNumber":"179","sectionType":"section","heading":"Saving of certificates","content":"179 Saving of certificates\n(1) A certificate issued under the former Act is to be taken to be a\ncertificate issued under this Act.\n(2) A certified copy or extract issued under the former Act is to be\ntaken to be a certified copy or extract issued under this Act.\n","sortOrder":278},{"sectionNumber":"180","sectionType":"section","heading":"Saving of restriction on powers under easements","content":"180 Saving of restriction on powers under easements\n(a) a plan of survey referred to in section 65(1) of the former Act\nthat was registered before the commencement of the Statute\nLaw Revision Act (No. 2) 1998 indicates an intended\neasement in favour of a specified service authority and\ndescribes it by a description in Schedule 1 to the former Act;\nand\n(b) the easement is in force immediately before the\ncommencement date,\ndespite section 64(5) of this Act, the service authority, has, for itself\nand its agents, servants and workers, only the powers specified in\n","sortOrder":279},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"to f the former Act.","content":"Schedule 1 to f the former Act.\n(2) To avoid doubt, subsection (1) includes a local authority that:\n(a) was a specified local authority in the easement; and\n(b) was described by a description in Schedule 1 to the former\nAct.\n","sortOrder":280},{"sectionNumber":"181","sectionType":"section","heading":"Transitional regulations","content":"181 Transitional regulations\n(1) For the purposes only of ensuring the proper transfer of powers,\nfunctions and property and the continuity of rights and obligations of\npersons or bodies under the former Act, the Administrator may\nmake regulations that he or she considers necessary or convenient\nto be made.\n(2) The power given by subsection (1) may only be exercised within\n12 months after the commencement date.\n\nPlanning Act 1999 161\n(3) A regulation made under this section remains in force until repealed\nor amended under this Act.\n(4) Regulations made under this section may be made retrospective to\nthe commencement date or any date after that commencement\ndate and are to have force accordingly.\n(5) To the extent that the provisions of the Regulations made under this\nsection are inconsistent with this Act or a provision of an Act\nspecified in the Regulations, the Regulations are to prevail.\n","sortOrder":281},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Preliminary matters","content":"Subdivision 1 Preliminary matters\n","sortOrder":282},{"sectionNumber":"182","sectionType":"section","heading":"Definitions","content":"182 Definitions\nIn this Part:\namended, in relation to a specified provision, means as in force\nimmediately after the commencement of the Planning Amendment\nAct 2005.\ncommencement date means the date of commencement of the\nPlanning Amendment Act 2005.\nformer, in relation to a specified provision, means as in force\nimmediately before the commencement date.\nPlanning Scheme means the Northern Territory Planning Scheme\nas in force immediately before the commencement date.\n","sortOrder":283},{"sectionNumber":"183","sectionType":"section","heading":"Northern Territory Planning Scheme continues in force","content":"183 Northern Territory Planning Scheme continues in force\n(1) The Planning Scheme continues in force as the NT Planning\nScheme.\n(2) A provision of the Planning Scheme, or a document forming part of\nthe Planning Scheme, that is specified as or taken to be a\ndevelopment provision, land use objective or incorporated\ndocument is a provision of the NT Planning Scheme of an\napplicable category specified in amended section 9(1).\n\n","sortOrder":284},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Amendments of Northern Territory Planning Scheme","content":"Subdivision 3 Amendments of Northern Territory Planning Scheme\nPlanning Act 1999 162\n(3) All maps, plans, designs and diagrams included in the Planning\nScheme continue in force as part of the NT Planning Scheme.\n(4) All maps, plans, designs and diagrams referred to in the Planning\nScheme continue to have effect in accordance with the NT Planning\nScheme.\n(5) This section does not apply in relation to the development\nprovisions referred to in section 184.\n","sortOrder":285},{"sectionNumber":"184","sectionType":"section","heading":"Special planning scheme for town of Jabiru","content":"184 Special planning scheme for town of Jabiru\nThe document entitled \"Jabiru Town Plan\" which, immediately\nbefore the commencement date, formed part of the development\nprovisions of the Planning Scheme is taken to be a specific\nplanning scheme referred to in amended section 8(1).\nSubdivision 3 Amendments of Northern Territory Planning\nScheme\n","sortOrder":286},{"sectionNumber":"185","sectionType":"section","heading":"Meaning of proposed amendment","content":"185 Meaning of proposed amendment\nFor sections 187, 188 and 189, a proposed amendment is one of\nthe following:\n(a) a proposed amendment of the Planning Scheme in respect of\nwhich the Minister has made a decision under former\nsection 14(1)(b) to take the actions required under former\nPart 2, Divisions 3 and 4;\n(b) a proposed amendment of the Planning Scheme referred to in\nparagraph (a) that has been altered by the Minister and which,\nby virtue of former section 29(1), must be re-exhibited under\nformer Part 2, Division 3.\n","sortOrder":287},{"sectionNumber":"186","sectionType":"section","heading":"Application not decided before commencement date","content":"186 Application not decided before commencement date\n(1) This section applies in relation to an amendment of the Planning\nScheme:\n(a) proposed in an application made under former section 12; and\n(b) in respect of which the Minister has not, before the\ncommencement date, made a decision under former\nsection 14.\n\nSubdivision 3 Amendments of Northern Territory Planning Scheme\nPlanning Act 1999 163\n(2) For subsection (1), the Minister is taken not to have made a\ndecision if the Minister:\n(a) under former section 14(1)(c) deferred consideration of the\namendment as proposed; and\n(b) has not, immediately before the commencement date, made\nany further decision under former section 14.\n(3) The Minister must make a decision in respect of the amendment in\naccordance with amended section 13 as if the amendment had\nbeen proposed in a request made under amended section 13(1).\n","sortOrder":288},{"sectionNumber":"187","sectionType":"section","heading":"Proposed amendment not exhibited before commencement","content":"187 Proposed amendment not exhibited before commencement\ndate\nof which the Minister has not, immediately before the\ncommencement date, determined the period of exhibition under\nformer section 17.\n(2) The proposed amendment is taken to be a proposal within the\nmeaning of paragraph (a) or (c), as applicable, of the definition of\nproposal in amended section 14.\n(3) Amended Part 2, Divisions 3, 4 and 5 apply in relation to the\nproposed amendment.\n","sortOrder":289},{"sectionNumber":"188","sectionType":"section","heading":"Proposed amendment requiring further actions under former","content":"188 Proposed amendment requiring further actions under former\nof which:\n(a) the Minister has, under former section 17, determined the\nperiod of exhibition; and\n(b) immediately before the commencement date, further actions\nare required to be taken under former Part 2, Division 3.\n(2) Former Part 2, Division 3 continues to apply in relation to the\nproposed amendment until all the actions required under that\nDivision have been taken.\n(3) After all the required actions have been taken, the Minister must\ntake further action in relation to the proposed amendment under\namended Part 2, Division 5 as if it were a proposal referred to in\namended section 25(1).\n\nPlanning Act 1999 164\n","sortOrder":290},{"sectionNumber":"189","sectionType":"section","heading":"Actions in determining application for proposed amendment","content":"189 Actions in determining application for proposed amendment\nof which:\n(a) all actions required to be taken under former Part 2, Division 3\nhave been taken; and\n(b) the Minister has not, before the commencement date, taken\naction under former section 25, 26 or 27.\n(2) The Minister must take further action in relation to the proposed\namendment under amended Part 2, Division 5 as if it were a\nproposal referred to in amended section 25(1).\n","sortOrder":291},{"sectionNumber":"190","sectionType":"section","heading":"Meaning of proposal","content":"190 Meaning of proposal\nFor this Division, a proposal is one of the following:\n(a) a proposal, referred to in former section 14(1)(d)(ii), to\nconsider granting an exceptional development permit under\nformer section 40 instead of considering making an\namendment to the Planning Scheme;\n(b) a proposal in an application for the grant or variation of an\nexceptional development permit that the Minister has decided\nunder former section 39 to exhibit under former Part 2,\nDivision 3;\n(c) a proposal referred to in paragraph (a) or (b) that has been\naltered by the Minister and which, by virtue of former\nsection 29(1), must be re-exhibited under former Part 2,\nDivision 3.\n","sortOrder":292},{"sectionNumber":"191","sectionType":"section","heading":"Proposal not exhibited before commencement date","content":"191 Proposal not exhibited before commencement date\n(1) This section applies in relation to a proposal in respect of which the\nMinister has not, immediately before the commencement date,\ndetermined the period of exhibition under former section 17.\n(2) The proposal is taken to be a proposal within the meaning of\nparagraph (b) of the definition of proposal in amended section 14.\n(3) Amended Part 2, Divisions 3, 4 and 5 apply in relation to the\n\n","sortOrder":293},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Development applications and development permits","content":"Subdivision 5 Development applications and development permits\nPlanning Act 1999 165\n","sortOrder":294},{"sectionNumber":"192","sectionType":"section","heading":"Proposal requiring further actions under former Part 2","content":"192 Proposal requiring further actions under former Part 2\n(1) This section applies in relation to a proposal in respect of which:\n(a) the Minister has, under former section 17, determined the\nperiod of exhibition; and\n(b) immediately before the commencement date, further actions\nare required to be taken under former Part 2, Division 3.\n(2) Former Part 2, Division 3 continues to apply in relation to the\nproposal until all the actions required to be taken under that\nDivision have been taken.\n(3) After all those required actions have been taken, the Minister must\ntake further action in relation to the proposal under amended Part 2,\nDivision 5 as if it were a proposal referred to in amended\nsection 26(1).\n","sortOrder":295},{"sectionNumber":"193","sectionType":"section","heading":"Actions in determining application for proposal","content":"193 Actions in determining application for proposal\n(1) This section applies in relation to a proposal in respect of which:\n(a) all actions required to be taken under former Part 2, Division 3\nhave been taken; and\n(b) the Minister has not, before the commencement day, granted\nor refused to grant an exceptional development permit or\nvaried or refused to vary an exceptional development permit\n(as applicable).\n(2) The Minister must take further action in relation to the proposal\nunder amended Part 2, Division 5 and amended section 40 as if it\nwere a proposal referred to in section 26(1).\nSubdivision 5 Development applications and development\npermits\n","sortOrder":296},{"sectionNumber":"194","sectionType":"section","heading":"Development application","content":"194 Development application\nFormer Part 5, Divisions 2 and 3 continue to apply in relation to a\ndevelopment application to the consent authority:\n(a) made under former section 46; and\n(b) not determined by the consent authority before the\n\nPlanning Act 1999 166\n","sortOrder":297},{"sectionNumber":"195","sectionType":"section","heading":"Direction in respect of particular development application","content":"195 Direction in respect of particular development application\nThe Minister may direct the Development Consent Authority under\namended section 85(3) in respect of a particular development\napplication even if the application was made before the\n","sortOrder":298},{"sectionNumber":"196","sectionType":"section","heading":"Application for variation of development permit","content":"196 Application for variation of development permit\nFormer section 57 continues to apply in relation to an application to\nthe consent authority for a variation of a condition of a development\npermit:\n(a) made under former section 57; and\n(b) not determined by the consent authority before the\n","sortOrder":299},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Miscellaneous","content":"Subdivision 6 Miscellaneous\n","sortOrder":300},{"sectionNumber":"197","sectionType":"section","heading":"Alternate members for local authority representatives","content":"197 Alternate members for local authority representatives\nA person appointed under former section 91(1) to be an alternate\nmember for particular members for a Division:\n(a) is taken to have been appointed under amended\nsection 91(1); and\n(b) is the alternate member for both members for the Division in\noffice from time to time during the period of appointment of the\nalternate member.\n","sortOrder":301},{"sectionNumber":"198","sectionType":"section","heading":"Determination of appeals","content":"198 Determination of appeals\nFormer Part 9 continues to apply in relation to all appeals in respect\nof an application referred to in former Part 9, Division 2 that was\nmade before the commencement date, whether the application is\ndetermined before, on or after the commencement date.\n","sortOrder":302},{"sectionNumber":"199","sectionType":"section","heading":"Regulations may contain savings or transitional provisions","content":"199 Regulations may contain savings or transitional provisions\n(1) The Regulations may contain provisions of a savings or transitional\nnature consequent on the commencement of the Planning\nAmendment Act 2005.\n\nDivision 2 Land Title and Related Legislation Amendment Act 2008\nPlanning Act 1999 167\n(2) The Regulations may provide that a savings or transitional provision\ntakes effect from a date that is earlier than the date of its publication\nor notification in the Gazette but, if they do so, the provision does\nnot operate so as:\n(a) to affect, in a manner prejudicial to any person (other than the\nTerritory), the rights of that person existing before the date of\nits publication or notification; or\n(b) to impose liabilities on a person (other than the Territory) in\nrespect of anything done or omitted to be done before the date\nof its publication or notification.\n(3) If a regulation made under this section is inconsistent with a\nprovision of this Act or a provision of an Act specified in the\nregulation, the regulation prevails to the extent of the inconsistency.\nDivision 2 Land Title and Related Legislation Amendment\nAct 2008\n","sortOrder":303},{"sectionNumber":"200","sectionType":"section","heading":"Application","content":"200 Application\n(1) The amendments apply to a relevant subdivision or relevant\nconsolidation for which a units plan or a document covered by\nsection 9A of the Real Property (Unit Titles) Act 1975 is lodged with\nthe Registrar-General on or after the commencement.\nExamples\n1 A development permit may be issued for a consolidation under a units plan of\nconsolidation if the plan is lodged with the Registrar-General on or after the\n2 Section 61 as amended by the Land Title and Related Legislation\nAmendment Act 2008 does not apply to a subdivision under a units plan\nlodged with the Registrar-General before the commencement.\n(1A) However, the amendments do not apply to a relevant subdivision\nthat relate to 1 or both of the following:\n(a) a development permit or exceptional development permit for\nthe carrying out of works on or in relation to land, that was in\nforce under this Act immediately before the commencement;\n(b) a building permit that was in force under the Building Act 1993\n(1B) The regulations may provide for a matter that is of a savings or\ntransitional nature consequent on the enactment of the Land Title\nand Related Legislation Amendment Act 2008 (the relevant Act).\n\nPlanning Act 1999 168\n(1C) A regulation mentioned in subsection (1B) may have retrospective\noperation only to the extent to which the regulation:\n(a) does not have effect before the commencement of this\nsection; and\n(b) does not disadvantage a person (other than the Territory or a\nTerritory authority) by decreasing the person's rights or\nimposing liabilities on the person.\n(1D) Subsection (1B) and any regulation made under the subsection\ncease to have effect 1 year after the commencement of this section.\n(2) In this section:\namendments means the amendments made to this Act by the\nLand Title and Related Legislation Amendment Act 2008.\ncommencement means the commencement of the amendments.\nrelevant consolidation means a consolidation under the Unit\nTitles Act 1975, other than a consolidation of:\n(a) lots defined for Part IVB of that Act; or\n(b) building lots defined for Part IVC of that Act.\nrelevant subdivision means a subdivision under the Unit Titles\nAct 1975 as defined for Part III, or in section 4(6), of that Act.\n","sortOrder":304},{"sectionNumber":"201","sectionType":"section","heading":"Savings – repeal of section 43","content":"201 Savings – repeal of section 43\nAn exceptional development permit in force immediately before the\nrepeal of section 43 by the Unit Title Schemes Act 2009 that is in\nforce after the repeal has effect as if that section had not been\nrepealed.\n","sortOrder":305},{"sectionNumber":"202","sectionType":"section","heading":"Application for development permit or exceptional","content":"202 Application for development permit or exceptional\ndevelopment permit\n(1) The amendments made to sections 3, 46 and 51 by the Unit Title\nSchemes Act 2009 apply to an application for a development permit\nor exceptional development permit only if:\n(a) the application is made on or after the commencement of the\namendments (the commencement); or\n\nDivision 4 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nPlanning Act 1999 169\n(b) both of the following apply in relation to the application:\n(i) the application was made before the commencement for\nthe development of land for a proposed units plan or\nbuilding development plan but the development permit or\nexceptional development permit had not been issued;\n(ii) the applicant amends the application to include the\ninformation mentioned in section 46(3)(l) and any other\ninformation requested by the consent authority and the\nconsent authority accepts the amended application.\n(2) The consent authority and the applicant must comply with any\nrequirement (including, for example, a notification requirement) in\nrelation to the application prescribed by regulation.\nDivision 4 Northern Territory Civil and Administrative\nTribunal (Conferral of Jurisdiction Amendments)\n(No. 2) Act 2014\n","sortOrder":306},{"sectionNumber":"203","sectionType":"section","heading":"Definitions","content":"203 Definitions\ncommencement means the commencement of Part 18 of the\nNorthern Territory Civil and Administrative Tribunal (Conferral of\nJurisdiction Amendments) (No. 2) Act 2014.\nformer legislation means the following as in force immediately\nbefore the commencement:\n(a) this Act;\n(b) the Lands, Planning and Mining Tribunal Act 1998.\nformer Tribunal means the Lands, Planning and Mining Tribunal\nas in existence under the Lands, Planning and Mining Tribunal\nAct 1998 immediately before the commencement of the Northern\nTerritory Civil and Administrative Tribunal Act 2014.\nnew legislation means the following as in force after the\ncommencement:\n(a) this Act;\n(b) the Northern Territory Civil and Administrative Tribunal\nAct 2014.\n\nDivision 4 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nPlanning Act 1999 170\n","sortOrder":307},{"sectionNumber":"204","sectionType":"section","heading":"Appeal relating to consent authority's or service authority's","content":"204 Appeal relating to consent authority's or service authority's\ndetermination\n(1) This section applies if, before the commencement, a person had a\nright of appeal under an appeal provision in relation to a\ndetermination.\n(2) If, before the commencement, the person had not started a\nproceeding for an appeal and the appeal period under the relevant\nappeal provision had not expired:\n(a) the person may appeal to the former Tribunal against the\ndecision; and\n(b) the former legislation applies in relation to the appeal.\n(3) If, before the commencement, a person had started a proceeding\nfor an appeal and the former Tribunal had not decided the\nproceeding, the former legislation applies in relation to the appeal.\nappeal period means the period within which a person had the\nright to appeal in relation to a determination as specified in the\nrelevant appeal provision.\nappeal provision means sections 111 to 117 as in force\ndetermination includes a failure to give notice of a determination\nas specified in the relevant appeal provision.\n","sortOrder":308},{"sectionNumber":"205","sectionType":"section","heading":"Consent authority's or service authority's determination made","content":"205 Consent authority's or service authority's determination made\nafter commencement\n(a) a person had made an application to the consent authority or\na service authority before the commencement; and\n(b) the consent authority or the service authority determines the\napplication after the commencement.\n(2) The new legislation applies in relation to:\n(a) giving notice of the decision; and\n(b) a person's entitlement to apply for a review of the decision.\n\nPlanning Act 1999 171\n","sortOrder":309},{"sectionNumber":"206","sectionType":"section","heading":"Application before former Tribunal","content":"206 Application before former Tribunal\n(1) This section applies if, before the commencement:\n(a) a person had made an application under this Act to the former\nTribunal; and\n(b) the former Tribunal had not decided the application.\n(2) The former Tribunal must continue to deal with the application in\naccordance with the former legislation.\nDivision 5 Planning Legislation Amendment Act 2016\n","sortOrder":310},{"sectionNumber":"207","sectionType":"section","heading":"Definitions","content":"207 Definitions\ncommencement means the commencement of section 6 of the\nPlanning Legislation Amendment Act 2016.\nproposal, see section 14.\n","sortOrder":311},{"sectionNumber":"208","sectionType":"section","heading":"Proposal placed on exhibition before commencement","content":"208 Proposal placed on exhibition before commencement\n(1) This section applies if, before the commencement, a proposal had\nbeen placed on exhibition but a report under section 24 had not\nbeen made.\n(2) Part 2, Division 4, as in force immediately before the\ncommencement, continues to apply in relation to submissions,\nconsultation, hearings and the report about the proposal.\n","sortOrder":312},{"sectionNumber":"209","sectionType":"section","heading":"Definition","content":"209 Definition\ncommencement means the commencement of section 294 of the\nEnvironment Protection Act 2019.\n","sortOrder":313},{"sectionNumber":"210","sectionType":"section","heading":"Environmental assessment completed before commencement","content":"210 Environmental assessment completed before commencement\n(a) an application for a development permit or an exceptional\ndevelopment permit or a consent under Part 2A, Division 5 for\na development proposal was made before the commencement\nor within 2 years after the commencement; and\n\nPlanning Act 1999 172\n(b) an environmental assessment of the development proposal\nwas completed under the Environmental Assessment\nAct 1982 before the commencement; and\n(c) the permit or consent was not granted or given before the\n(2) This Act as in force immediately before the commencement\ncontinues to apply to the determination of the application for the\npermit or consent.\n","sortOrder":314},{"sectionNumber":"211","sectionType":"section","heading":"Definition","content":"211 Definition\ncommencement means the commencement of section 3 of the\nPlanning Amendment Act 2020.\n","sortOrder":315},{"sectionNumber":"212","sectionType":"section","heading":"Administrative matters","content":"212 Administrative matters\n(1) The members of the Planning Commission and the Development\nConsent Authority holding office immediately before the\ncommencement continue to hold office after the commencement on\nthe same terms and conditions that applied to their appointment\nbefore the commencement.\n(2) A person with authority to enter land under section 77 immediately\nbefore the commencement is taken to be an authorised officer\nappointed under section 76.\n","sortOrder":316},{"sectionNumber":"213","sectionType":"section","heading":"Permits issued before commencement","content":"213 Permits issued before commencement\nTo avoid doubt, all permits issued before the commencement are\nsubject to the provisions of this Act in force after the\n","sortOrder":317},{"sectionNumber":"214","sectionType":"section","heading":"Applications and proposals made before commencement","content":"214 Applications and proposals made before commencement\n(1) Subject to section 215, any application or proposal that was not\ndetermined before the commencement is to proceed and be\ndetermined:\n(a) in accordance with this Act applicable at the time the\ndetermination is made; and\n(b) in relation to the elements of the planning scheme applicable\nat the time the determination is made.\n\n","sortOrder":318},{"sectionNumber":"Div 8","sectionType":"division","heading":"Transitional matters for Water Legislation Amendment Act 2023","content":"Division 8 Transitional matters for Water Legislation Amendment Act 2023\nPlanning Act 1999 173\n(2) To avoid doubt, subsection (1) applies to the following:\n(a) a concurrent application;\n(b) a development application;\n(c) a proposed amendment of a planning scheme;\n(d) a proposal to grant or vary an exceptional development;\n(e) a proposal altered under section 25 or 40.\n","sortOrder":319},{"sectionNumber":"215","sectionType":"section","heading":"Specific use zone","content":"215 Specific use zone\n(1) If requested by the applicant, a development application in relation\nto a specific use zone, must be determined:\n(a) in accordance with this Act in force immediately before the\ncommencement; and\n(b) in relation to the elements of the planning scheme applicable\n(2) This section is repealed on the day fixed by the Administrator by\nGazette notice.\n(3) The date fixed under subsection (2) must be at least 5 years after\nthe commencement.\nDivision 8 Transitional matters for Water Legislation\nAmendment Act 2023\n","sortOrder":320},{"sectionNumber":"216","sectionType":"section","heading":"Definition","content":"216 Definition\ncommencement means the commencement of Part 3 of the Water\nLegislation Amendment Act 2023.\n","sortOrder":321},{"sectionNumber":"217","sectionType":"section","heading":"Applications for subdivision or consolidation made but not","content":"217 Applications for subdivision or consolidation made but not\ndetermined under Planning Act 1999\n(1) An application under section 30C(1) to subdivide or consolidate\nland in a Restricted Water Extraction Area that was made but not\ndetermined by the Consent Authority under section 30W(1) before\nthe commencement is subject to the restrictions of sections 14A\nsection 14C(1) of that Act.\n\n","sortOrder":322},{"sectionNumber":"Div 10","sectionType":"division","heading":"Lands, Planning and Environment Legislation Amendment Act 2025","content":"Division 10 Lands, Planning and Environment Legislation Amendment Act 2025\nPlanning Act 1999 174\n(2) An application under section 38(1) to subdivide or consolidate land\nin a Restricted Water Extraction Area that was made but not\ndetermined by the Minister before the commencement is subject to\nthe restrictions of sections 14A and 14B of the Water Act 1992 and\nthe requirements of section 14C(1) of that Act.\n(3) An application under section 46(1) to subdivide or consolidate land\nin a Restricted Water Extraction Area that was made but not\ndetermined by the Consent Authority under section 53 before the\ncommencement is subject to the restrictions of sections 14A\nsection 14C(1) of that Act.\n(4) Sections 14A, 14B and 14C of the Water Act 1992 do not apply in\nrelation to an application under section 59 to extend a period of a\ndevelopment permit if the development permit relates to a\nsubdivision or consolidation of land in a Restricted Water Extraction\nArea that was consented to by the Consent Authority under\nsection 53(a) or (b) before the commencement.\n","sortOrder":323},{"sectionNumber":"Div 9","sectionType":"division","heading":"Petroleum, Planning and Water Legislation","content":"Division 9 Petroleum, Planning and Water Legislation\n","sortOrder":324},{"sectionNumber":"218","sectionType":"section","heading":"Decisions made before commencement","content":"218 Decisions made before commencement\n(1) This Act as in force immediately before the commencement\ncontinues to apply in relation to a decision or determination made\nunder section 30W(1)(a) or (b), 53(a) or (b) or 79A(1)(a) before the\n(2) In this section:\ncommencement means the commencement of Part 3 of the\nPetroleum, Planning and Water Legislation Amendment Act 2025.\nDivision 10 Lands, Planning and Environment Legislation\n","sortOrder":325},{"sectionNumber":"219","sectionType":"section","heading":"Application of amendments to section 57","content":"219 Application of amendments to section 57\nThe amendments to section 57 by the Lands, Planning and\nEnvironment Legislation Amendment Act 2025 apply in relation to\nthe variation of a condition of a development permit even if the\ndevelopment permit that is sought to be varied was issued before\nthe commencement of section 34 of that Act.\n\nPlanning Act 1999 175\n1 KEY Key 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\nPlanning Act 1999 (Act No. 55, 1999)\nAssent date 14 December 1999\nCommenced 12 April 2000 (Gaz S15, 12 April 2000)\nStatute Law Revision Act 2000 (Act No. 19, 2000)\nAssent date 6 June 2000\nCommenced 12 July 2000 (Gaz G27, 12 July 2000, p 2)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nLaw of Property (Consequential Amendments) Act 2000 (Act No. 46, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Law of Property Act 2000 (Act\nNo. 1, 2000) and Gaz G38, 27 September 2000, p 2)\nUnit Titles (Consequential Amendments – Building Development) Act 2001 (Act No. 15,\n2001)\nAssent date 28 June 2001\nCommenced 1 March 2002 (s 2, s 2 Unit Titles Amendment Act 2001 (Act\nNo. 14, 2001) and Gaz G8, 2002, p 6)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nStatute Law Revision Act 2003 (Act No. 12, 2003)\nAssent date 18 March 2003\nCommenced 18 March 2003\n\nPlanning Act 1999 176\nPlanning Amendment Act 2005 (Act No. 12, 2005)\nAssent date 17 March 2005\nCommenced 30 September 2005 (Gaz G39, 28 September 2005, p 4)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nLand Title and Related Legislation Amendment Act 2008 (Act No. 3, 2008)\nCommenced pt 6: 18 March 2009 (Gaz G11, 13 March 2009, p 4);\nrem: 1 July 2009 (Gaz S30, 26 June 2009)\nPlanning Amendment (Development Applications) Act 2008 (Act No. 4, 2008)\nCommenced 1 July 2008 (Gaz S32, 1 July 2008)\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nCommenced 11 March 2008\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nUnit Title Schemes Act 2009 (Act No. 14, 2009)\nAssent date 26 May 2009\nCommenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):\n1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,\nGaz S30, 26 June 2009, p 1, s 2 Land Title and Related\nLegislation Amendment Act 2008 (Act No. 3, 2008) and Gaz\nS30, 26 June 2009, p 1)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nHeritage Act 2011 (Act No. 34, 2011)\nAssent date 15 November 2011\nCommenced 1 October 2012 (Gaz S43, 31 July 2012)\nPlanning Amendment Act 2012 (Act No. 26, 2012)\nAssent date 6 December 2012\nCommenced 1 January 2013 (Gaz S79, 20 December 2012)\nNorthern Territory Environment Protection Authority Act 2012 (Act No. 28, 2012)\nAssent date 6 December 2012\nCommenced 1 January 2013 (Gaz S82, 21 December 2012)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nPlanning Amendment (Concurrent Applications) Act 2014 (Act No. 8, 2014)\nAssent date 20 March 2014\nCommenced 1 May 2014 (Gaz G17, 1 May 2014, p 4)\n\nPlanning Act 1999 177\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014 (Act No. 35, 2014)\nAssent date 13 November 2014\nCommenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015,\np 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nPlanning Legislation Amendment Act 2016 (Act No. 29, 2016)\nAssent date 13 July 2016\nCommenced 28 July 2016 (Gaz S76, 28 July 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nEnvironment Protection Act 2019 (Act No. 31, 2019)\nAssent date 9 October 2019\nCommenced 28 June 2020 (Gaz G17, 29 April 2020, p 2)\nAmending Legislation\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019 (s 2)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nPlanning Amendment Act 2020 (Act No. 19, 2020)\nAssent date 1 July 2020\nCommenced 31 July 2020 (Gaz G30, 29 July 2020, p 1)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nPlanning Amendment Act 2021 (Act No. 4, 2021)\nAssent date 10 March 2021\nCommenced 11 March 2021 (s 2)\n\nPlanning Act 1999 178\nStatute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act No. 19,\n2021)\nAssent date 31 August 2021\nCommenced pt 6: 2 October 2021; rem: 29 September 2021 (Gaz G39,\n29 September 2021, p 1)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5,\n2022)\nAssent date 14 April 2022\nCommenced pt 7: 25 May 2023 (Gaz G11, 25 May 2023, p 2);\nrem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\nWater Legislation Amendment Act 2023 (Act No. 13, 2023)\nAssent date 31 May 2023\nCommenced 1 August 2023 (Gaz G14, 6 July 2023, p 1)\nPetroleum, Planning and Water Legislation Amendment Act 2025 (Act No. 7, 2025)\nAssent date 7 April 2025\nCommenced 8 April 2025 (s 2)\nLands, Planning and Environment Legislation Amendment Act 2025 (Act No. 25, 2025)\nAssent date 12 September 2025\nCommenced pt 6: 6 October 2025 (s 2(2) and Gaz , 2025);\nrem: 13 September 2025 (s 2(1))\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\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, 2018) to: ss 1, 3, 5, 30C, 30P, 30S, 46,\n51, 58, 61, 62, 64, 71, 72, 73, 77, 81F, 86, 112, 142, 170, 172, 175, 176, 200\nand 203.\n4 LIST OF AMENDMENTS\ns 2A ins No. 12, 2005, s 4\nsub No. 19, 2020, s 4\namd No. 7, 2025, s 14\ns 3 amd No. 46, 2000, s 9; No. 15, 2001, s 8; No. 12, 2003, s 18; No. 12, 2005,\ns 5; No. 4, 2007, s 7; No. 28, 2008, s 3; No. 3, 2008, s 50; No. 14, 2009,\ns 143; No. 26, 2012, s 4; No. 8, 2014, s 4; No. 35, 2014, s 115; No. 19, 2020,\ns 5; No. 39, 2019, s 370; No. 5, 2022, s 112; No. 13, 2023, s 15\ns 4 amd No. 12, 2005, s 6; No. 8, 2014, s 5\ns 5 amd No. 28, 2008, s 3; No. 3, 2008, s 51; No. 29, 2016, s 4; No. 39, 2019,\ns 370\ns 5A ins No. 19, 2020, s 6\n\nPlanning Act 1999 179\ns 6A ins No. 19, 2020, s 7\npt 2 hdg sub No. 12, 2005, s 7\npt 2\ndiv 1 hdg sub No. 12, 2005, s 7\nss 7 – 8 sub No. 12, 2005, s 7\ns 9 sub No. 12, 2005, s 7; No. 19, 2020, s 8\nss 9A – 9C ins No. 19, 2020, s 8\npt 2\ndiv 2 hdg sub No. 12, 2005, s 7\nss 10 – 12 sub No. 12, 2005, s 7\nss 12A – 12B ins No. 19, 2020, s 9\ns 13 sub No. 12, 2005, s 7; No. 19, 2020, s 9\namd No. 4, 2021, s 4\npt 2\ndiv 2A hdg ins No. 26, 2012, s 5\nss 13A – 13B ins No. 26, 2012, s 5\npt 2\ndiv 3 hdg sub No. 12, 2005, s 7\ns 14 sub No. 12, 2005, s 7\ns 15 sub No. 12, 2005, s 7\ns 16 sub No. 12, 2005, s 7\namd No. 23, 2013, s 12; No. 8, 2014, s 12; No. 19, 2020, s 10; No. 3, 2026,\ns 64\ns 17 sub No. 12, 2005, s 7\namd No. 8, 2014, s 12; No. 29, 2016, s 5; No. 19, 2020, s 11; No. 3, 2026,\ns 64\ns 18 sub No. 12, 2005, s 7\namd No. 8, 2014, s 12\nsub No. 19, 2020, s 12\ns 19 sub No. 12, 2005, s 7\namd No. 19, 2020, s 13; No. 39, 2019, s 370\npt 2\ndiv 4 hdg sub No. 12, 2005, s 7\ns 20 sub No. 12, 2005, s 7\namd No. 29, 2016, s 6\ns 21 sub No. 12, 2005, s 7\nrep No. 29, 2016, s 7\ns 22 sub No. 12, 2005, s 7\namd No. 29, 2016, s 8\nsub No. 19, 2020, s 14\ns 23 sub No. 12, 2005, s 7\namd No. 29, 2016, s 9\ns 24 sub No. 12, 2005, s 7\namd No. 29, 2016, s 10; No. 19, 2020, s 15\npt 2\ndiv 5 hdg sub No. 12, 2005, s 7\ns 25 sub No. 12, 2005, s 7; No. 19, 2020, s 16\nss 26 – 27 sub No. 12, 2005, s 7\ns 28 sub No. 12, 2005, s 7\namd No. 8, 2014, s 12; No. 3, 2026, s 64\ns 29 sub No. 12, 2005, s 7\namd No. 4, 2021, s 5\npt 2A hdg ins No. 8, 2014, s 6\ndiv 1 hdg ins No. 8, 2014, s 6\n\nPlanning Act 1999 180\ns 30 rep No. 12, 2005, s 7\nins No. 8, 2014, s 6\nss 30A – 30B ins No. 8, 2014, s 6\ndiv 2 hdg ins No. 8, 2014, s 6\ns 30C ins No. 8, 2014, s 6\namd No. 31, 2019, s 319; No. 19, 2020, s 17; No. 13, 2023, s 16\ns 30D ins No. 8, 2014, s 6\namd No. 19, 2020, s 18; No. 5, 2022, s 113\ndiv 3 hdg ins No. 8, 2014, s 6\ns 30E ins No. 8, 2014, s 6\ns 30F ins No. 8, 2014, s 6\ns 30G ins No. 8, 2014, s 6\ns 30H ins No. 8, 2014, s 6\namd No. 19, 2020, s 19; No. 26, 2020, s 3; No. 39, 2019, s 370\ns 30J ins No. 8, 2014, s 6\namd No. 19, 2020, s 20\ndiv 4 hdg ins No. 8, 2014, s 6\nss 30K – 30L ins No. 8, 2014, s 6\ns 30M ins No. 8, 2014, s 6\nsub No. 19, 2020, s 21\ns 30N ins No. 8, 2014, s 6\namd No. 19, 2020, s 22\ns 30P ins No. 8, 2014, s 6\namd No. 31, 2019, s 320; No. 13, 2023, s 17\ns 30Q ins No. 8, 2014, s 6\ns 30R ins No. 8, 2014, s 6\ns 30S ins No. 8, 2014, s 6\namd No. 31, 2019, s 321; No. 19, 2020, s 23\ns 30T ins No. 8, 2014, s 6\ns 30U ins No. 8, 2014, s 6\ndiv 5 hdg ins No. 8, 2014, s 6\ns 30V ins No. 8, 2014, s 6\ns 30W ins No. 8, 2014, s 6\namd No. 19, 2020, s 24; No. 13, 2023, s 18\ns 30X ins No. 8, 2014, s 6\nrep No. 7, 2025, s 15\ns 30Y ins No. 8, 2014, s 6\namd No. 35, 2014, s 131; No. 39, 2019, s 370; No. 7, 2025, s 16\ns 30Z ins No. 8, 2014, s 6\ns 30ZA ins No. 8, 2014, s 6\ns 30ZB ins No. 8, 2014, s 6\ndiv 6 hdg ins No. 8, 2014, s 6\ns 30ZC ins No. 8, 2014, s 6\nss 31 – 32 amd No. 12, 2005, s 48\npt 4 hdg sub No. 12, 2005, s 8\n\nPlanning Act 1999 181\npt 4\ndiv 1 hdg sub No. 12, 2005, s 8\nss 33 – 37 sub No. 12, 2005, s 8\nss 37A – 37B ins No. 19, 2020, s 25\npt 4\ndiv 2 hdg sub No. 12, 2005, s 8\ns 38 sub No. 12, 2005, s 8\namd No. 13, 2023, s 19\ns 39 sub No. 12, 2005, s 8\ns 40 sub No. 12, 2005, s 8\namd No. 8, 2014, s 12; No. 13, 2023, s 20; No. 3, 2026, s 64\ns 41 sub No. 12, 2005, s 8\ns 42 sub No. 12, 2005, s 8\namd No. 31, 2019, s 322; No. 26, 2020, s 3; No. 13, 2023, s 21\nss 42A – 42B ins No. 19, 2020, s 26\ns 43 amd No. 15, 2001, s 8\nsub No. 12, 2005, s 8\nrep No. 14, 2009, 144\npt 4\ndiv 3 hdg ins No. 12, 2005, s 8\ns 43A ins No. 12, 2005, s 8\ns 43B ins No. 12, 2005, s 8\namd No. 25, 2025, s 28\ns 43C ins No. 12, 2005, s 8\npt 4\ndiv 4 hdg ins No. 19, 2020, s 27\ns 43D ins No. 19, 2020, s 27\ns 44 amd No. 12, 2005, s 48\ns 45 sub No. 12, 2005, s 9\ns 46 amd No. 19, 2000, s 8; No. 12, 2005, s 10; No. 14, 2009, s 145; No. 26,\n2012, s 6; No. 28, 2012, s 52; No. 35, 2014, s 131; No. 31, 2019, s 323;\nNo. 19, 2020, s 28; No. 5, 2022, s 114; No. 13, 2023, s 22\npt 5\ndiv 2 hdg sub No. 4, 2008, s 4\ns 47 sub No. 4, 2008, s 4\namd No. 19, 2020, s 29; No. 19, 2021, s 89; No. 25, 2025, s 29\ns 47A ins No. 4, 2008, s 4\nsub No. 19, 2020, s 30\namd No. 25, 2025, s 30\ns 47B ins No. 19, 2020, s 30\namd No. 25, 2025, s 31\ns 47C ins No. 19, 2020, s 30\nrep No. 19, 2021, s 90\ns 48 sub No. 4, 2008, s 4\namd No. 19, 2020, s 31; No. 39, 2019, s 370; No. 25, 2025, s 32\ns 48A ins No. 19, 2020, s 32\namd No. 25, 2025, s 33\ns 49 sub No. 4, 2008, s 4\namd No. 19, 2020, s 33; No. 39, 2019, s 370; No. 5, 2022, s 115; No. 4,\n2023, s 23\ns 50 sub No. 12, 2005, s 11; No. 4, 2008, s 4\namd No. 19, 2020, s 34; No. 39, 2019, s 370\npt 5\ndiv 2A hdg ins No. 26, 2012, s 7\ns 50A ins No. 26, 2012, s 7\ns 50B ins No. 26, 2012, s 7\namd No. 8, 2014, s 12; No. 19, 2020, s 35\nss 50C – 50D ins No. 26, 2012, s 7\n\nPlanning Act 1999 182\ns 51 amd No. 12, 2005, s 12; No. 4, 2008, s 5; No. 14, 2009, s 146; No. 34, 2011,\ns 169; No. 28, 2012, s 52; No. 8, 2014, s 12; No. 31, 2019, s 324; No. 19,\n2020, s 36; No. 13, 2023, s 23\ns 52 amd No. 12, 2005, s 13\nsub No. 19, 2020, s 37\namd No. 13, 2023, s 24\ns 53 sub No. 12, 2005, s 14\namd No. 4 2008, s 6\ns 53A ins No. 12, 2005, s 14\namd No. 8, 2014, s 12; No. 35, 2014, s 131; No. 39, 2019, s 370\nrep No. 7, 2025, s 17\ns 53B ins No. 12, 2005, s 14\namd No. 35, 2014, s 131; No. 39, 2019, s 370; No. 7, 2025, s 18\ns 53C ins No. 12, 2005, s 14\ns 54 sub No. 12, 2005, s 14\namd No. 8, 2014, s 12; No. 35, 2014, s 131; No. 7, 2025, s 22\ns 57 sub No. 12, 2005, s 15\namd No. 25, 2025, s 34\npt 5\ndiv 3A hdg ins No. 26, 2012, s 8\ns 57A ins No. 26, 2012, s 8\ns 57B ins No. 26, 2012, s 8\namd No. 7, 2025, s 22\ns 59A ins No. 12, 2005, s 16\ns 60 amd No. 12, 2005, s 48; No. 39, 2019, s 370\ns 61 amd No. 15, 2001, s 8; No. 3, 2008, s 52; No. 23, 2013, s 12\nsub No. 19, 2020, s 38\ns 63 amd No. 23, 2013, s 12; No. 19, 2020, s 39\ns 64 amd No. 45, 2000, s 11; No. 46, 2000, s 9; No. 39, 2019, s 370; No. 19,\n2021, s 91; No. 4, 2023, s 23\ns 65 sub No. 19, 2020, s 40\ns 66 amd No. 12, 2005, s 17; No. 23, 2013, s 12; No. 19, 2020, s 41\ns 68 sub No. 19, 2020, s 42\ns 69 amd No. 12, 2005, s 18; No. 19, 2020, s 43; No. 39, 2019, s 370\ns 70 sub No. 12, 2005, s 19\namd No. 19, 2020, s 44; No. 39, 2019, s 370\ns 71 amd No. 45, 2000, s 11; No. 12, 2005, s 20; No. 19, 2020, s 45; No. 39,\n2019, s 370\ns 72 amd No. 28, 2008, s 3\nsub No. 19, 2020, s 46\ns 73 amd No. 28, 2008, s 3; No. 19, 2020, s 47; No. 39, 2019, s 370\ns 74 amd No. 19, 2020, s 48; No. 39, 2019, s 370\npt 7\ndiv 1 hdg sub No. 19, 2020, s 49\ns 75 amd No. 12, 2005, s 21; No. 23, 2013, s 12\ns 75A ins No. 12, 2005, s 22\namd No. 23, 2013, s 12\nss 75B – 75E sub No. 19, 2020, s 49\npt 7\ndiv 2 hdg sub No. 19, 2020, s 49\ns 76 amd No. 12, 2005, s 48; No. 23, 2013, s 12\nss 76A – 76K ins No. 19, 2020, s 49\n\nPlanning Act 1999 183\npt 7\ndiv 3 hdg sub No. 19, 2020, s 49\ns 77 amd No. 8, 2016, s 45\nss 77A – 77D ins No. 19, 2020, s 49\npt 7\ndiv 4 hdg ins No. 19, 2020, s 49\ns 78 amd No. 12, 2005, s 48\ns 78A ins No. 12, 2005, s 23\ns 79 sub No. 19, 2020, s 49\ns 79A ins No. 19, 2020, s 49\npt 7\ndiv 5 hdg ins No. 19, 2020, s 49\ns 80 sub No. 12, 2005, s 24; No. 19, 2020, s 49\nss 80A – 80G ins No. 19, 2020, s 49\ns 81 amd No. 12, 2005, s 25\npt 7A hdg ins No. 26, 2012, s 9\ndiv 1 hdg ins No. 26, 2012 ,s 9\ns 81A ins No. 26, 2012, s 9\ns 81B ins No. 26, 2012, s 9\namd No. 29, 2016, s 11; No. 19, 2020, s 50\ns 81C ins No. 26, 2012, s 9\ns 81D ins No. 26, 2012, s 9\nsub No. 19, 2020, s 51\ns 81E ins No. 26, 2012, s 9\ndiv 2 hdg ins No. 26, 2012, s 9\ns 81F ins No. 26, 2012, s 9\namd No. 19, 2020, s 52; No. 39, 2019, s 370\ns 81G ins No. 26, 2012, s 9\ns 81H ins No. 26, 2012, s 9\ns 81J ins No. 26, 2012, s 9\ndiv 3 hdg ins No. 26, 2012, s 9\ns 81K ins No. 26, 2012, s 9\ns 81L ins No. 26, 2012, s 9\namd No. 19, 2020, s 53\ns 81M ins No. 26, 2012, s 9\namd No. 19, 2020, s 54\ndiv 4 hdg ins No. 26, 2012, s 9\nss 81N – 81V ins No. 26, 2012, s 9\ns 81W ins No. 26, 2012, s 9\ns 81X ins No. 26, 2012, s 9\namd No. 19, 2020, s 55\ndiv 5 hdg ins No. 26, 2012, s 9\ns 81Y ins No. 26, 2012, s 9\namd No. 19, 2020, s 56\ns 81Z ins No. 26, 2012, s 9\n\nPlanning Act 1999 184\ns 81ZA ins No. 26, 2012, s 9\namd No. 23, 2013, s 12\nsub No. 19, 2020, s 57\ns 83 amd No. 39, 2019, s 370\ns 84 amd No. 19, 2020, s 58\ns 85 amd No. 12, 2005, s 26; No. 7, 2025, s 22\ns 87 amd No. 19, 2020, s 59\ns 88 amd No. 19, 2020, s 60\ns 89 amd No. 12, 2005, s 27\nsub No. 19, 2020, s 61\ns 89A ins No. 19, 2020, s 61\ns 91 amd No. 12, 2005, s 28; No. 6, 2008, s 3\nsub No. 19, 2020, s 62\ns 92 amd No. 19, 2020, s 63; No. 26, 2020, s 3; No. 39, 2019, s 370\ns 93 amd No. 19, 2020, s 64; No. 26, 2020, s 3; No. 19, 2021, s 92\ns 94 amd No. 19, 2000, s 8\ns 97 amd No. 19, 2020, s 65\ns 98 amd No. 12, 2005, s 48\nsub No. 19, 2020, s 66\ns 98A ins No. 19, 2020, s 66\ns 99 amd No. 17, 2001, s 21\ns 100 sub No. 19, 2020, s 67\ns 100A ins No. 19, 2020, s 67\ns 101 amd No. 19, 2020, s 68\ns 102 amd No. 4, 2008, s 7; No. 19, 2020, s 69\ns 103 amd No. 19, 2020, s 70\ns 104A ins No. 19, 2020, s 71\nss 106 – 107 amd No. 23, 2013, s 12\nsub No. 19, 2020, s 72\npt 9 hdg amd No. 35, 2014, s 131\npt 9\ndiv 1 hdg sub No. 35, 2014, s 116\ns 108 amd No. 4, 2007, s 7\nsub No. 35, 2014, s 116\ns 109 amd No. 4, 2007, s 7; No. 25, 2009, s 10\nrep No. 35, 2014, s 116\ns 110 amd No. 4, 2007, s 7\nrep No. 35, 2014, s 116\npt 9\ndiv 2 hdg sub No. 12, 2005, s 29\nom No. 35, 2014, s 117\ns 111 sub No. 12, 2005, s 29\namd No. 8, 2014, s 7; No. 35, 2014, s 131\nsub No. 19, 2020, s 73\namd No. 7, 2025, s 19\ns 112 sub No. 12, 2005, s 29\namd No. 26, 2012, s 10; No. 8, 2014, s 8; No. 35, 2014, s 131; No. 31, 2019,\ns 325\namd No. 7, 2025, s 22\nsub No. 19, 2020, s 73\ns 113 sub No. 12, 2005, s 29\ns 114 sub No. 12, 2005, s 29\namd No. 8, 2014, s 9; No. 35, 2014, s 131; No. 7, 2025, s 22\n\nPlanning Act 1999 185\ns 115 sub No. 12, 2005, s 29\nsub No. 19, 2020, s 74\ns 116 sub No. 12, 2005, s 29\namd No. 35, 2014, s 131; No. 26, 2020, s 3\ns 117 sub No. 12, 2005, s 29\namd No. 8, 2014, s 10; No. 35, 2014, s 131; No. 39, 2019, s 370\nrep No. 7, 2025, s 20\npt 9\ndiv 2A hdg sub No. 12, 2005, s 29\nom No. 4, 2023, s 23\ns 117A ins No. 12, 2005, s 29\namd No. 35, 2014, s 131; No. 4, 2023, s 23\npt 9\ndiv 3 hdg ins No. 12, 2005, s 29\ns 118 amd No. 12, 2005, s 30\nrep No. 35, 2014, s 118\ns 118A ins No. 12, 2005, s 31\namd No. 8, 2014, s 12; No. 35, 2014, s 131; No. 19, 2020, s 75; No. 39,\n2019, s 370; No. 7, 2025, s 22\ns 119 amd No. 23, 2013, s 12; No. 35, 2014, s 131\nsub No. 19, 2020, s 76\ns 120 amd No. 12, 2005, s 32; No. 8, 2014, s 12; No. 35, 2014, s 131; No. 19,\n2020, s 77; No. 39, 2019, s 370\npt 9\ndiv 4 hdg rep No. 35, 2014, s 119\ns 121 rep No. 35, 2014, s 119\ns 122 amd No. 4, 2007, s 7\ns 123 amd No. 12, 2005, s 33\ns 124 rep No. 35, 2014, s 119\ns 125 amd No. 12, 2005, s 34\ns 126 rep No. 35, 2014, s 119\npt 9\ndiv 5 hdg om No. 35, 2014, s 120\nss 127 – 128 amd No. 12, 2005, s 48\ns 129 amd No. 12, 2005, s 35; No. 8, 2014, s 12\ns 130 sub No. 12, 2005, s 36\namd No. 8, 2014, s 11; No. 35, 2014, s 131; No. 19, 2020, s 78; No. 39,\n2019, s 370; No. 4, 2023, s 23; No. 7, 2025, s 22\ns 131 rep No. 35, 2014, s 121\ns 132 amd No. 12, 2005, s 37; No. 4, 2007. s 7\ns 133 rep No. 35, 2014, s 121\ns 134 amd No. 12, 2005, s 38; No. 35, 2014, s 131\ns 135A ins No. 12, 2005, s 39\ns 135B ins No. 19, 2020, s 79\ns 136 amd No. 12, 2005, s 40; No. 19, 2020, s 80\ns 137 sub No. 12, 2005, s 41\ns 138 sub No. 12, 2005, s 41\namd No. 19, 2020, s 81\n\nPlanning Act 1999 186\ns 139 amd No. 17, 2001, s 21; No. 12, 2005, s 48; No. 19, 2021, s 93\ns 139A ins No. 19, 2020, s 82\namd No. 19, 2021, s 94\ns 140 amd No. 12, 2005, s 42\ns 144 amd No. 19, 2020, s 83\ns 144A ins No. 12, 2005, s 43\ns 145 amd No. 12, 2005, s 48\ns 148 amd No. 12, 2005, s 44; No. 19, 2020, s 84\ns 148A ins No. 4, 2021, s 6\npt 11 hdg amd No. 12, 2005, s 45\ns 150 amd No. 12, 2005, s 46; No. 19, 2020, s 85\ns 162 amd No. 12, 2005, s 48\ns 171 amd No. 19, 2000, s 8\ns 180 amd No. 19, 2020, s 86\npt 12 hdg ins No. 12, 2005, s 47\nsub No. 35, 2014, s 122\ndiv 1 hdg ins No. 12, 2005, s 47\nsub No. 35, 2014, s 122\ndiv 1\nsdiv 1 hdg ins No. 35, 2014, s 122\ns 182 ins No. 12, 2005, s 47\ndiv 2 hdg ins No. 12, 2005, s 47\namd No. 35, 2014, s 123\nss 183 – 184 ins No. 12, 2005, s 47\ndiv 3 hdg ins No. 12, 2005, s 47\namd No. 35, 2014, s 124\nss 185 – 189 ins No. 12, 2005, s 47\ndiv 4 hdg ins No. 12, 2005, s 47\namd No. 35, 2014, s 125\nss 190 – 193 ins No. 12, 2005, s 47\ndiv 5 hdg ins No. 12, 2005, s 47\namd No. 35, 2014, s 126\nss 194 – 196 ins No. 12, 2005, s 47\ndiv 6 hdg ins No. 12, 2005, s 47\namd No. 35, 2014, s 127\nss 197 – 198 ins No. 12, 2005, s 47\ndiv 7 hdg ins No. 12, 2005, s 47\namd No. 35, 2014, s 128\ns 199 ins No. 12, 2005, s 47\npt 13 hdg ins No. 3, 2008, s 53\namd No. 35, 2014, s 129\ns 200 ins No. 3, 2008, s 53\namd No. 14, 2009, s 147\npt 14 hdg ins No. 14, 2009, s 148\nsub No. 4, 2017, s 34\nss 201 – 202 ins No. 14, 2009, s 148\ndiv 3 hdg ins No. 35, 2014, s 130\namd No. 4, 2017, s 34\nss 203 – 206 ins No. 35, 2014, s 130\n\nPlanning Act 1999 187\npt 14\ndiv 4 hdg ins No. 29, 2016, s 12\namd No. 4, 2017, s 34\nss 207 – 208 ins No. 29, 2016, s 12\ndiv 6 hdg ins No. 31, 2019, s 326\nss 209 – 210 ins No. 31, 2019, s 326\ndiv 7 hdg ins No. 19, 2020, s 87\nss 211 – 215 ins No. 19, 2020, s 87\ndiv 8 hdg ins No. 13, 2023, s 25\nss 216 – 217 ins No. 13, 2023, s 25\ndiv 9 hdg ins No. 7, 2025, s 21\ns 218 ins No. 7, 2025, s 21\ndiv 10 hdg ins No. 25, 2025, s 35\ns 219 ins No. 25, 2025, s 35\nsch rep No. 46, 2000, s 9","sortOrder":326}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Since its original enactment in 1999 the Act has grown well beyond a simple land‑use control statute into a wide administrative framework that: (a) creates new Territory‑level institutions and strategic planning roles (the Planning Commission with statutory functions — s81A–81B); (b) sets up a multi‑divisional Development Consent Authority with formal membership, training and procedural requirements (Part 8, ss82–104); (c) introduces a concurrent application pathway that bundles scheme amendment and development consent in a single, conditional process (Part 2A, s30–30R); (d) significantly expanded enforcement and compliance powers for authorised officers (s76–76H) and created a structured enforcement notice and show‑cause process (s77–77C); and (e) added substantive financial instruments — developer contribution plans and statutory charges (Part 6, s68–73). These additions materially extend the original, narrower planning‑control purpose by adding institutional architecture, stronger executive discretion, integrated environmental and water‑approval gates, and developer funding mechanisms. The result is a planning law whose operational scope now includes strategic policy creation, quasi‑regulatory enforcement, finance‑raising for infrastructure, and tight procedural integration with environmental and water statutes (see s81B, s76, Part 6, s30D(2A))."},"complexity_factors":["Large, detailed Interpretation section (s3) with many defined terms and cross‑references to other Acts (Environment Protection Act, Water Act, Building Act, Local Government Act).","Length and structural breadth: over 200 sections divided into many Parts, Divisions and Subdivisions (Parts 1–12, extensive transitional provisions).","Multiple decision makers and layered governance: Minister, Planning Commission (Part 7A), Development Consent Authority with Divisions (Part 8), consent authorities, and Tribunal (Part 9) — overlapping functions and delegations (s4, s81B, s82–85, s108).","Concurrent application regime (Part 2A, s30–30ZB): multi‑stage, conditional decision logic (amendment decision only takes effect if development consent issued — s30R(3)).","Numerous conditional rules and exceptions (eg. declared classes that can avoid exhibition s11–12; Ministerial powers to alter proposals s30T; significant development referrals s50A–50D).","Extensive cross‑linking to external regulatory regimes: repeated dependencies on the Environment Protection Act and Water Act (see s30D(2A), s30P(2A), s51(2), s30C(4)(ha)), creating gating dependencies for decisions.","Complex enforcement architecture with mixed liabilities: strict liability offences, criminal penalties, authorised officer powers (search warrants, entry, seizure), enforcement notices and default penalties (Part 7, s75–80; s76–76H; s77–77D).","Developer contributions regime combining technical formulas, statutory charges and accounting/ trust obligations (Part 6, s68–73) — substantive financial rules and discretion (s69(4), s71(6)).","Detailed administrative and procedural timing rules, submission and hearing procedures, and fixed review windows (exhibition periods s15/s30F; review time limits s111–116, s130).","Extensive transitional and amendment history (Parts 11–12, plus long endnotes) — many retrospective and saving provisions that complicate current operation and interpretation.","Multiple conditional delegations and ministerial directions (s85, s86, s134) allowing the executive to reallocate decision authority in many contexts.","Technical land planning machinery (subdivision certification, plans of survey, easements and vesting rules — s61–65, s64) that interacts with land‑title processes and other land laws."],"plain_english_summary":"The Act establishes a Territory‑wide planning scheme and decision framework—creating the Planning Commission, Development Consent Authority and Tribunal—governing land use, subdivision, permits, public exhibition, enforcement and developer contributions.  \n\nIt mainly affects landowners, developers, councils and the Territory (including the Minister), by tying strategy to day‑to‑day decisions, concentrating ministerial discretion, adding upfront information, consultation and contribution costs, and increasing regulatory complexity and compliance risk."},"kimi_summary":{"_metrics":{"completionTokens":737},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1999 scope. Major expansions include: Part 2A (concurrent applications, 2014) allowing combined planning scheme amendments and development proposals; Part 7A (Planning Commission, 2012) establishing a new strategic planning body; Division 2A (significant development proposals, 2012) adding special assessment processes; extensive 2020 amendments restructuring enforcement powers and adding new permit types; and multiple transitional divisions in Part 12 accommodating amendments from 2005 through 2025. The Act now integrates with water extraction restrictions, unit title schemes, and environmental protection legislation in ways not originally contemplated."},"complexity_factors":["Extensive cross-referencing between Parts (e.g., concurrent applications in Part 2A interact with Parts 2, 5, and 9)","Multiple decision-making bodies with overlapping and conditional jurisdictions (Minister, Planning Commission, Development Consent Authority, Divisions, Tribunal)","Nested conditional logic for permit types: standard permits, exceptional permits, alteration permits, concurrent application permits, each with different rules","47+ defined terms in the interpretation section (section 3), many with their own sub-definitions","Extensive transitional provisions spanning 25+ years of amendments (Parts 11 and 12)","Multiple pathways for amending planning schemes with different procedural requirements depending on significance","Conditional environmental assessment triggers requiring coordination with separate legislation (Environment Protection Act 2019)","Complex enforcement framework with show-cause processes, exceptions, and multiple offence tiers"],"plain_english_summary":"This is the **Northern Territory's main planning law**, setting up a comprehensive system to control how land is used and developed across the Territory.\n\n**What it does:**\n- **Creates planning schemes** – documents that zone land (residential, commercial, industrial, etc.) and set rules for what can be built where. The main one is the *Northern Territory Planning Scheme*, but specific schemes can be made for particular areas.\n- **Establishes two key bodies**:\n  - **Planning Commission** – advises on strategic planning, prepares integrated plans, and helps develop planning policy.\n  - **Development Consent Authority** – makes decisions on development applications (with Divisions covering different geographic areas).\n- **Sets up a permit system** – most development needs approval through a *development permit*. There are also *exceptional development permits* for unusual cases, and *concurrent applications* that combine planning scheme changes with development proposals.\n- **Protects existing uses** – if you were legally using land before new rules came in, you can generally keep doing so (called \"existing use\" protection).\n- **Requires developer contributions** – developers may need to pay towards infrastructure like roads, drains, or car parking.\n- **Provides enforcement powers** – authorised officers can investigate breaches, issue enforcement notices, and prosecute offences (with penalties up to 500 penalty units).\n- **Allows appeals** – decisions can be reviewed by the Northern Territory Civil and Administrative Tribunal.\n\n**Who it affects:**\n- Anyone who owns or wants to develop land in the NT\n- Local government councils\n- Developers and builders\n- Community members who want to have a say in planning decisions\n\n**Why it matters:**\nThe Act tries to balance orderly development with environmental protection, public input, and sustainable growth. It aims to make planning decisions transparent and fair, while giving the Minister significant powers to intervene in significant developments."}},"importantCases":[],"_links":{"self":"/api/acts/planning-act-1999","history":"/api/acts/planning-act-1999/history","analysis":"/api/acts/planning-act-1999/analysis","conflicts":"/api/acts/planning-act-1999/conflicts","importantCases":"/api/acts/planning-act-1999/important-cases","documents":"/api/acts/planning-act-1999/documents"}}