NORTHERN TERRITORY OF AUSTRALIA
LAKE BENNETT (LAND TITLE) ACT 2005
As in force at 1 October 2019
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Application of Act ............................................................................. 1
4 Object of Act .................................................................................... 1
5 Definitions ........................................................................................ 1
6 Expressions defined in related legislation ........................................ 3
Part 2 Preparation and registration of
instruments
7 Minister to prepare instruments ....................................................... 3
8 Minister may sign instrument ........................................................... 3
9 Lake Bennett plan of subdivision ..................................................... 3
10 Lake Bennett units plan ................................................................... 3
11 Preparation of easements to replace recreational easements ......... 4
12 Preparation of new service easements............................................ 4
13 Lodgment and registration of plans and easements ........................ 4
14 Recreational easements extinguished ............................................. 5
15 Issue of certificates as to title........................................................... 5
16 Restriction on ownership of created sections 1253 and 1255.......... 6
17 Units plan of subdivision for additional units .................................... 6
18 Effect of caveat, court order, writ of execution and statutory
charge ............................................................................................. 7
Part 3 Planning and development provisions
19 Amendment of Planning Scheme .................................................... 7
20 Restrictive covenants extinguished ................................................. 7
21 Development permit for development area ...................................... 7
22 Approval not required for certain building work................................ 8
23 Restriction on further development .................................................. 8
Part 4 Miscellaneous provisions
24 Decision final ................................................................................... 9
25 Exemptions from fees and stamp duty ............................................ 9
26 Delegations...................................................................................... 9
27 Licence to take or use water ............................................................ 9
28 Acquisition on just terms ................................................................ 10
Lake Bennett (Land Title) Act 2005 ii
29 Regulations.................................................................................... 10
Part 5 Transitional matters for Lake Bennett
(Land Title) Act 2005
30 Transitional provisions for body corporate ..................................... 11
Schedule 1 Recreational easements
Schedule 2 Restrictive covenants
Schedule 3 Conditions of easements – part created
section 1252 (common property)
Schedule 4 Conditions of easements – created
sections 1254 and 1255 (lake and
foreshore)
Schedule 5 Development for Lake Bennett locality
Schedule 6 Development permit for development area
ENDNOTES
Section 1 - Lake Bennett (Land Title) Act 2005 - Lake Bennett (Land Title) Act 2005 | Zoe
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 October 2019
LAKE BENNETT (LAND TITLE) ACT 2005
An Act about the rights and interests of persons in certain land in the
Lake Bennett locality
Part 1 Preliminary
1 Short title
This Act may be cited as the Lake Bennett (Land Title) Act 2005.
2 Commencement
This Act comes into operation on the date fixed by the Administrator
by notice in the Gazette.
3 Application of Act
This Act applies despite any other Act or law to the contrary.
4 Object of Act
The object of this Act is to facilitate the preparation and registration
of instruments relating to lots in the Lake Bennett locality in
accordance with the terms of compromise submitted by the
Territory to the registered proprietors of the lots.
5 Definitions
In this Act, unless the contrary intention appears:
additional unit means a unit to which the development permit
issued under section 21 applies.
adjoining lots means the following sections in the Hundred of
Howard:
(a) sections 92 to 97 (inclusive);
(b) sections 99 to 110 (inclusive).
Part 1 Preliminary
Lake Bennett (Land Title) Act 2005 2
building permit means a building permit under the Building
Act 1993.
commencement date means the date this Act comes into
operation.
common property easement area means the part of created
section 1252 shaded on the plan in Schedule 3.
complying pontoon means a pontoon the construction of which is
authorised under the development provisions stated in Schedule 5.
created, for a lot, means a lot created by the Lake Bennett plan of
subdivision or Lake Bennett units plan.
development area means the area that, under the development
permit issued under section 21, may be further developed.
existing unit means a unit for which a certificate as to title is issued
under Units Plan 97/026, other than unit 108.
Lake Bennett locality means the area of land to which the
development provisions in Schedule 5 apply.
Lake Bennett lots means sections 244 and 245 in the Hundred of
Howard.
Lake Bennett plan of subdivision has the meaning in section 9.
Lake Bennett units plan has the meaning in section 10.
new unit has the meaning in section 10(2)(a).
Planning Minister means the Minister administering the Planning
Act 1999.
recreational easement means a registered instrument of
easement stated in Schedule 1.
registration date means the date the Registrar-General complies
with section 13(2).
resort owner means the owner of created section 1253.
restrictive covenant means a registered instrument of covenant
stated in Schedule 2.
Part 2 Preparation and registration of instruments
Lake Bennett (Land Title) Act 2005 3
6 Expressions defined in related legislation
If an expression used in this Act is defined in the Land Title
Act 2000, Planning Act 1999, Real Property (Unit Titles) Act 1975
or Unit Titles Act 1975, the expression has, as the context requires,
the same meaning in this Act.
Part 2 Preparation and registration of instruments
7 Minister to prepare instruments
(1) The Minister must prepare the instruments necessary to achieve
the object of this Act.
(2) Subsection (1) is not limited by another provision of this Part.
8 Minister may sign instrument
An instrument prepared under this Act is validly executed if signed
by the Minister in the place of a person who would otherwise be
required to sign it for registration.
9 Lake Bennett plan of subdivision
(1) The Lake Bennett plan of subdivision is plan of subdivision
No. S2004/153 of the Lake Bennett lots prepared for this Act.
(2) The plan of subdivision creates sections 1252 to 1255 (inclusive).
10 Lake Bennett units plan
(1) The Lake Bennett units plan is the units plan of created
section 1252 that is prepared for this Act and identified as such by
certificate of the Registrar-General.
(2) The units plan creates:
(a) a lot (a new unit) for each existing unit;
(b) a lot for the development area; and
(c) common property.
(3) The units plan must include a schedule of unit entitlements certified
by a valuer.
Part 2 Preparation and registration of instruments
Lake Bennett (Land Title) Act 2005 4
11 Preparation of easements to replace recreational easements
(1) The Minister must prepare the following instruments of easement:
(a) an easement that benefits each of the adjoining lots and
created section 1254 and burdens the common property
easement area;
(b) an easement that benefits each of the adjoining lots, each of
the lots in created section 1252, created section 1253 and
created section 1255 and burdens created section 1254;
(c) an easement that benefits each of the adjoining lots, each of
the lots in created section 1252 and created section 1254 and
burdens created section 1255.
(2) The benefit and burden under the easement mentioned in
subsection (1)(a) must be in the terms stated in Schedule 3.
(3) The benefit and burden under each of the other easements
mentioned in subsection (1) must be in the terms stated in
Schedule 4.
12 Preparation of new service easements
(1) The Minister must prepare instruments of easement that benefit
created section 1252 and burden created section 1255.
(2) The benefit and burden under the easements must be in the terms
stated in Schedule 3, Part B to the Law of Property Act 2000 for
providing sewerage, water supply and electricity to created section
1252.
13 Lodgment and registration of plans and easements
(1) The Minister must, as soon as practicable after the commencement
date, lodge the following instruments:
(a) the Lake Bennett plan of subdivision;
(b) the Lake Bennett units plan and schedule of unit entitlements
certified by a valuer;
(c) the easements prepared under sections 11 and 12.
(2) On lodgment of the instruments, the Registrar-General must:
(a) cancel Units Plan 97/026;
(b) cancel the certificates as to title for the lots contained in the
Lake Bennett lots;
Part 2 Preparation and registration of instruments
Lake Bennett (Land Title) Act 2005 5
(c) register the plan of subdivision;
(d) register the units plan and schedule of unit entitlements;
(e) register the extinguishment of the easements under
section 14;
(f) issue new certificates as to title in accordance with section 15;
and
(g) register the easements prepared under sections 11 and 12.
(3) Without limiting section 3, subsection (2) applies even if:
(a) the certificate as to title for a lot is not lodged with the plan of
subdivision or units plan; or
(b) the holder of a registered interest in any of the lots has not
consented to a cancellation, registration or issue of a
certificate as to title under the subsection.
(4) On registration under subsection (2):
(a) the plan of subdivision is taken to have been registered under
the Land Title Act 2000;
(b) the units plan is taken to have been registered under the Real
Property (Unit Titles) Act 1975; and
(c) the easements are taken to have been registered under the
Land Title Act 2000.
14 Recreational easements extinguished
On lodgment of the instruments mentioned in section 13(1), each
recreational easement is extinguished.
15 Issue of certificates as to title
(1) The Registrar-General must issue certificates as to title for the
created lots to the following persons as registered owners:
(a) for created section 1252 – the body corporate constituted
under the Unit Titles Act 1975 on registration of the Lake
Bennett units plan;
(b) for each new unit – the registered owner of the existing unit for
which the new unit is created;
(c) for the development area – the registered owner of unit 108 on
Units Plan 97/026;
Part 2 Preparation and registration of instruments
Lake Bennett (Land Title) Act 2005 6
(d) for created sections 1253 and 1255 – the registered owner of
section 245 in the Hundred of Howard;
(e) for created section 1254 – the registered owner of section 106
in the Hundred of Howard.
(2) The certificate as to title for a lot:
(a) must be issued subject to the same registered instruments
applying to the lot immediately before the registration date;
and
(b) is taken to have been issued under:
(i) for a lot created by the Lake Bennett plan of
subdivision – the Land Title Act 2000; or
(ii) for a lot created by the Lake Bennett units plan – the
Real Property (Unit Titles) Act 1975.
(3) Subsection (2) has effect subject to sections 14 and 20.
16 Restriction on ownership of created sections 1253 and 1255
(1) The land comprising created sections 1253 and 1255 must be in
the same ownership.
(2) The Minister must, under section 35 of the Land Title Act 2000,
lodge a memorandum for each of the lots for the restriction imposed
under subsection (1).
17 Units plan of subdivision for additional units
The Registrar-General may, under the Real Property (Units Titles)
Act 1975, register a units plan of subdivision of the development
area, or that area as further subdivided, without lodgment of:
(a) the documents mentioned in section 9B(d) of that Act so far as
it relates to a building existing before the commencement date
for which a building certificate within the meaning of
section 21B of the Unit Titles Act 1975 was not required; or
(b) the documents mentioned in section 9B(e), (f) and (g) of that
Act.
Part 3 Planning and development provisions
Lake Bennett (Land Title) Act 2005 7
18 Effect of caveat, court order, writ of execution and statutory
charge
The lodging (whether before or after the commencement date) of
any of the following documents over any of the lots to which this Act
applies does not prevent the registration of an instrument affecting
the lot that is prepared for this Act:
(a) a caveat;
(b) a request to register a court order or writ of execution;
(c) a statutory charge.
Part 3 Planning and development provisions
19 Amendment of Planning Scheme
(1) The Planning Minister must amend the Northern Territory Planning
Scheme by:
(a) revoking the part of the development provisions of the
Northern Territory Planning Scheme known as the Lake
Bennett Area Plan 2000; and
(b) making the development provisions for the Lake Bennett
locality in Schedule 5.
(2) The Planning Minister must, as soon as practicable after the
commencement date, publish notice in the Gazette of the
amendment.
(3) On publication of the notice, the amendment is taken to have been
made under the Planning Act 1999.
20 Restrictive covenants extinguished
(1) On amendment of the Northern Territory Planning Scheme under
section 19, each restrictive covenant is extinguished.
(2) The Registrar-General must register the extinguishment of the
covenants.
21 Development permit for development area
(1) On registration of the Lake Bennett units plan, the Planning Minister
must issue a development permit for the development area in the
terms stated in Schedule 6.
Part 3 Planning and development provisions
Lake Bennett (Land Title) Act 2005 8
(2) The development permit is taken to have been issued under the
Planning Act 1999.
22 Approval not required for certain building work
(1) This section applies if a building permit is required for building work
for the construction of a complying pontoon on created
section 1255.
(2) The approval of the owner of created section 1253 is not required
for the issue of a building permit for the building work if the
applicant for the permit is the owner of an adjoining lot, new unit or
additional unit.
(3) In addition, the approval of the following persons under
regulation 11(1)(b) of the Building Regulations 1993 is not required
for the issue of a building permit for the building work:
(a) if the applicant for the building permit is the owner of an
adjoining lot – the owners of the other adjoining lots and the
owners of created section 1253, the new units and additional
units;
(b) if the applicant for the building permit is the owner of created
section 1253 – the owners of the adjoining lots, new units and
additional units;
(c) if the applicant for the building permit is the owner of a new
unit – the owners of the other new units and the owners of the
adjoining lots, created section 1253 and additional units;
(d) if the applicant for the building permit is the owner of an
additional unit – the owners of the other additional units and
the owners of the adjoining lots, created section 1253 and new
units.
23 Restriction on further development
(1) A further development of created section 1254 or 1255 or the
common property easement area is not permitted other than for:
(a) a complying pontoon; or
(b) development that is reasonably necessary for works
associated with providing communications, electricity, water,
sewerage or other services.
(2) The Planning Minister must, under section 35 of the Land Title
Act 2000, lodge a memorandum for each of the lots for the
restriction imposed under subsection (1).
Part 4 Miscellaneous provisions
Lake Bennett (Land Title) Act 2005 9
Part 4 Miscellaneous provisions
24 Decision final
A decision of the Minister, Planning Minister or Registrar-General
under this Act in relation to an instrument prepared for this Act
cannot be:
(a) challenged, reviewed, quashed or called into question on any
grounds whatever before a court, tribunal, body or person in
legal proceedings; or
(b) restrained, removed or otherwise affected by an injunction or a
proceeding in the nature of prohibition or mandamus.
25 Exemptions from fees and stamp duty
(1) An instrument prepared for this Act is exempt from:
(a) the payment of fees prescribed for lodgment of instruments
with the Registrar-General; and
(b) stamp duty under the Stamp Duty Act 1978.
(2) Subsection (1) does not apply in relation to the preparation or
registration of a units plan of subdivision for an additional unit.
26 Delegations
(1) The Minister may, in writing, delegate to the Chief Executive Officer
of the Agency administering this Act the Minister's powers or
functions under this Act.
(2) The Planning Minister may, in writing, delegate to the Chief
Executive Officer of the Agency administering the Planning
Act 1999 the Planning Minister's powers or functions under this Act.
27 Licence to take or use water
(1) On the commencement date, the licence to take or use surface
water under the Water Act 1992 held by the resort owner is
surrendered.
(2) The Controller of Water Resources within the meaning of the Water
Act 1992 must issue a new licence to take or use surface water to
the resort owner for 10 years.
(3) The new licence must be subject to the terms and conditions
decided by the Planning Minister.
Part 4 Miscellaneous provisions
Lake Bennett (Land Title) Act 2005 10
(4) On its issue, the new licence is taken to have been issued under
the Water Act 1992.
(5) However, the Controller of Water Resources:
(a) must amend or modify the new licence or renewed licence in
accordance with a direction of the Planning Minister; and
(b) may amend or modify the new licence or renewed licence only
with the Planning Minister's approval.
(6) In addition, a renewed licence must be subject to the terms and
conditions decided by the Planning Minister.
(7) In this section:
renewed licence means:
(a) a licence issued by way of renewal or replacement of the new
licence; or
(b) a licence issued by way of renewal or replacement of a licence
mentioned in paragraph (a).
28 Acquisition on just terms
If, but for this section, property is acquired under this Act by the
Territory other than on just terms:
(a) the person from whom the property is acquired is entitled to
receive just compensation for the acquisition; and
(b) a court of competent jurisdiction may decide the amount of the
compensation or make the orders necessary to ensure the
compensation is on just terms.
29 Regulations
(1) The Administrator may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) The Regulations may make provision about a matter for which:
(a) it is necessary to make provision to allow or facilitate the doing
of anything to achieve the object of this Act; and
Part 5 Transitional matters for Lake Bennett (Land Title) Act 2005
Lake Bennett (Land Title) Act 2005 11
(b) this Act does not make provision or sufficient provision.
(3) A regulation made under subsection (2):
(a) may provide for an exemption from compliance with a
provision of another Act;
(b) may have retrospective operation to a date not earlier than the
commencement date; and
(c) applies despite this or another Act to the contrary.
(4) The Regulations may:
(a) make different provision in relation to:
(i) different persons or matters; or
(ii) different classes of persons or matters; or
(b) apply differently by reference to stated exceptions or factors.
Part 5 Transitional matters for Lake Bennett (Land
Title) Act 2005
30 Transitional provisions for body corporate
(1) The body corporate constituted under the Unit Titles Act 1975
under the name "The Proprietors – Units Plan No. 97/026" (the
former body corporate) is continued in existence by the body
corporate constituted under the Unit Titles Act 1975 on registration
of the Lake Bennett units plan (the new body corporate).
(2) Without limiting subsection (1):
(a) the assets and liabilities of the former body corporate
immediately before the commencement date vest in the new
body corporate;
(b) any contracts entered into by or on behalf of the former body
corporate and all guarantees, undertakings and securities
given by or on behalf of the former body corporate, in force
immediately before the commencement date, are taken to
have been entered into or given by or to the new body
corporate and may be enforced against or by the new body
corporate;
Part 5 Transitional matters for Lake Bennett (Land Title) Act 2005
Lake Bennett (Land Title) Act 2005 12
(c) a proceeding that could have been started or continued by or
against the former body corporate before the commencement
date may be started or continued by or against the new body
corporate; and
(d) anything else done under the Unit Titles Act 1975 by the
former body corporate for the performance of its duties or
functions, or the exercise of its powers, is taken to have been
done by the new body corporate.
Schedule 3 Conditions of easements – part created section 1252 (common property)
Lake Bennett (Land Title) Act 2005 15
Schedule 3 Conditions of easements – part created
section 1252 (common property)
section 11(2)
Each owner of the parcels of land receiving the benefit of the easement
(the Owners) and all persons from time to time authorised by any of
the Owners have the right to enter on and use the land shaded in the
attached plan (the Common Property) for recreational purposes
PROVIDED THAT the Common Property may be used only for such
recreational purposes as are consistent with the quiet enjoyment of the
Common Property by the owner of the Common Property and all other
persons having the same right reserving nevertheless to the owner of
the Common Property its employees agents and all persons from time
to time authorised by it in common with the Owners and all persons
from time to time authorised by the Owners and all persons having the
like right free and uninterrupted passage across and use of the
Common Property EXCEPT THAT this easement does not apply to
those parts of the Common Property that at any time contain
reasonably necessary service infrastructure (such as electricity,
telephone, water, sewerage and similar) and the area reasonably
necessary to install and maintain such service infrastructure.
Each of the Owners for the Owner and the Owner's successors in title
covenants with the owner of the Common Property and its successors
in title that the Owner and the Owner's successors in title will not do or
suffer anything to be done on the Common Property if the Common
Property or service infrastructure may be damaged or polluted or the
use of the Common Property either by the Owner of the Common
Property its employees agents and all persons from time to time
authorised by it or by any other person with a like right to use the
Common Property may be prejudicially interfered with.
Schedule 3 Conditions of easements – part created section 1252 (common property)
Lake Bennett (Land Title) Act 2005 16
PLAN
clause 1
Schedule 4 Conditions of easements – created sections 1254 and 1255 (lake and
foreshore)
Lake Bennett (Land Title) Act 2005 17
Schedule 4 Conditions of easements – created
sections 1254 and 1255 (lake and foreshore)
section 11(3)
Each owner of the parcels of land receiving the benefit of the easement
(the Owners) and all persons from time to time authorised by any of
the Owners have the right to enter on and use the land burdened by
the easement (the lake and foreshore) for recreational purposes that
do not interfere with the quiet enjoyment of the lake and foreshore by
others PROVIDED THAT the lake and foreshore must not be used for
recreational purposes that are inconsistent with the terms of the
Licence to take or use surface water issued under the Water Act 1992
reserving nevertheless to the owner of the lake and foreshore its
employees agents and all persons from time to time authorised by it in
common with the Owners and all persons from time to time to
authorised by the Owners and all other persons having the like right
free and uninterrupted passage across the use of the lake and
foreshore.
Each of the Owners have the right to leave a boat on the lake for use
by the Owner and persons authorised by the Owner.
Each of the Owners (for so long as the Owner's land adjoins Chinner
Road or section 1255) have the right to leave a pontoon (including a
ramp), on the lake for use by the Owner and persons authorised by the
Owner, in accordance with the Northern Territory Planning Scheme as
it applies to the Lake Bennett locality, subject to the prior written
approval of the owner of the lake and foreshore (which must not be
unreasonably withheld) as to the specifications, construction, mooring
and location of the pontoon. The owner of the pontoon must maintain
the area within 3 m from any point of the pontoon (including the ramp)
clear of vegetation at all times and must obtain and maintain public
liability insurance with respect to any damage associated with the
pontoon.
Each of the Owners for the Owner and the Owner's successors in title
covenants with the owner of the lake and foreshore and its successors
in title that the Owner and the Owner's successors in title will not do or
suffer anything to be done on the lake and foreshore if the lake and its
retaining wall may be damaged or polluted or the use of the lake and
foreshore either by the owner of the lake and foreshore its employees
agents and all persons from time to time authorised by it or by any
other persons with a like right to use the lake and foreshore may be
prejudicially interfered with.
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 18
Schedule 5 Development for Lake Bennett locality
section 19
Part 1 Preliminary
1 Contents of instrument
This instrument contains the development provisions that comprise
the Planning Scheme as it applies to the Lake Bennett locality.
2 Definitions
In this instrument, unless the contrary intention appears:
business sign means a device using words, letters or images
exhibited for the purpose of advertising, announcement or display
restricted to the name of the business carried on and the nature of
the services or goods available, on the land on which the sign is
erected, and includes, if a number of persons are carrying on
different businesses on that land, a sign identifying the place.
caravan includes:
(a) a vehicle, registered or eligible for registration, within the
meaning of the Motor Vehicles Act 1949 that is designed or
adapted for human habitation; and
(b) a tent.
caravan park means land used for the parking of caravans or the
erection or placement and use of tents or cabins for the purpose of
providing accommodation.
car parking means the parking of motor vehicles other than as an
ancillary use of land.
car parking area means an area set aside or designated for the
parking of 3 or more motor vehicles.
car parking space means a space designated for the parking of
one motor vehicle.
clearing of native vegetation means the removal or destruction,
by any means, of native vegetation, other than:
(a) lopping a tree;
(b) harvesting native vegetation planted for that purpose;
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 19
(c) removal or destruction that occurs incidentally through the
grazing of livestock; or
(d) clearing firebreaks, fence lines and roads.
consent means the consent of the consent authority.
demountable structure means a building, including a transport
container, that is wholly or substantially prefabricated and that is
designed to be transported from site to site, but does not include a
caravan or transportable module used in conjunction with an
education establishment or as a construction site office.
dependant unit means a dwelling ancillary to and constructed on
the same site as a single dwelling for the purpose of providing
accommodation for a dependant of a resident of the single dwelling.
domestic livestock means any of the following:
(a) a horse or other equine animal;
(b) an ox, buffalo or other bovine animal;
(c) a camel.
dwelling means a building, or part of a building, designed,
constructed or adapted as a self-contained residence.
floor area, in relation to a building, includes all wall thicknesses of
the external walls and all roof areas used as floors, but does not
include verandahs, balconies or areas set aside for car parking or
access to car parking.
home occupation means an occupation or profession that is
carried on in a dwelling or on the site of a dwelling, but does not
include the use of a site as a medical consulting room.
hostel includes boarding houses, guest houses, lodging houses
and other premises used to provide board or lodging with
communal toilet, ablution, dining or cooking facilities, but does not
include bed and breakfast accommodation, hotel or motel.
hotel means premises that require a licence and public bar
authority under the Liquor Act 2019 and if, as a principal part of the
business, alcoholic beverages are ordinarily sold to the public for
consumption on the premises whether or not accommodation is
provided for members of the public and whether or not meals are
served, but does not include a motel or restaurant.
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 20
Lake Bennett locality means the area of land to which this
instrument applies under clause 3.
medical consulting room means a room or suite of rooms on the
site of a single dwelling for use as a medical practitioner, dentist or
person associated with health care.
motel means premises wholly or principally used for the
accommodation of travellers and the vehicles used by them,
whether or not the building is also used to provide meals to the
travellers or to members of the general public and whether or not
the premises are licensed under the Liquor Act 2019.
multiple dwellings means a building or group of buildings on a site
that individually or collectively contain more than one dwelling but
does not include a dependant unit.
net floor area, in relation to a building, includes all the area
between internal surfaces of external walls but does not include:
(a) stairs, cleaners' cupboards, ablution facilities, lift shafts,
escalators or tea rooms if tea rooms are provided as a
standard facility in the building;
(b) lobbies between lifts facing other lifts servicing the same floor;
(c) areas set aside as public space or thoroughfares and not used
exclusively by the occupiers of the building;
(d) areas set aside as plant;
(e) areas set aside for use of service or delivery vehicles; or
(f) areas set aside for car parking or access.
place of worship means premises used as a church, chapel,
mosque, temple, synagogue or place of religious instruction or
worship or for the purpose of religious training.
promotion sign means a device using words, letters or images
exhibited for the purpose of advertising, announcement or display
that contains information relating to:
(a) goods, services or products not provided, produced or sold; or
(b) events or activities that are not carried on,
on the land or in the building on which the sign is constructed or
erected.
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 21
restaurant means premises or part of a hotel or motel in which
meals are served to the public, whether or not the premises provide
a drive-through service or require a licence under the Liquor
Act 2019.
shop means premises used for the display and sale by retail, or for
hire, of goods or services, but does not include a restaurant.
single dwelling means a building containing one dwelling only.
site means an area of land, whether consisting of one lot or more,
the subject of an application to the consent authority.
storey means that part of a building:
(a) between floor levels; or
(b) if there is no floor above – between the floor level and ceiling.
3 Land to which instrument applies
The development provisions contained in this instrument apply to
the area of land shown bounded by a black line on the map
attached to this instrument.
4 Exceptions
(1) Unless specified, this instrument does not prevent any of the
following:
(a) the use or development of any land:
(i) as a road; or
(ii) for sport and recreation;
(b) the construction, alteration, repair or maintenance of any of
the following:
(i) facilities for the reticulation of water, sewage, gas,
electricity or the transmission of telecommunications
services other than, subject to clause 23, towers, aerials
or masts for mobile telephone communications;
(ii) stormwater drains;
(iii) roads;
(c) the strengthening or restoration to a safe condition of a
building or works;
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 22
(d) the erection or display of a sign that is:
(i) a traffic control or driver advisory guide, service or
similar device;
(ii) displayed by a government agency or local government
council under a statutory obligation;
(iii) on enclosed land or within a building and not readily
visible from land outside the enclosure or building;
(iv) of a temporary nature used to advertise property that is
available for rent, lease, sale, auction or inspection;
(v) displayed on or inside a vehicle, other than a vehicle that
is adapted and exhibited primarily as an advertising sign;
(vi) an interpretive sign used for describing sites or items of
historical or educational significance; or
(vii) a public safety advisory sign displayed by a government
agency or local government council;
(e) the use of land under an extractive mineral permit, or a
mineral authority that corresponds to an extractive mineral
permit, granted under the Mineral Titles Act 2010.
(2) In subclause (1):
sport and recreation does not include a use that involves
commercial transactions, motor sports or activities that, because of
the generation of noise or disturbance, will detrimentally affect the
amenity of adjoining land.
5 Permitted, discretionary and prohibited development
(1) A use or development of land is permitted without consent if
expressly specified in a provision of this instrument and if it
complies with the provisions of any relevant clause.
(2) A use or development of land that does not comply with the
provisions of one or more of the relevant clauses requires consent.
(3) Except in relation to an ancillary use or development of land, in
considering whether to grant consent to a proposed development,
the consent authority must consider the proposed use or
development in its entirety.
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 23
(4) The performance criteria in Part 3 are the minimum standard of
development but the consent authority may:
(a) if it can be shown that there are special circumstances,
consent to a use or development at variance with those
standards; or
(b) in consenting to a use or development, if in the opinion of the
consent authority it is necessary to do so, require a higher
standard than specified by the performance criteria in Part 3.
(5) If a proposed use or development of land is not described in the
specific land use controls in Part 2, the use or development is
prohibited.
6 Ancillary development
(1) If a use or development of land is permitted without consent, an
ancillary use or development that would require consent if proposed
as the primary use or development, is also permitted without
consent provided it complies with the provisions of any relevant
clauses.
(2) If an ancillary use or development of land would be prohibited if
proposed as the primary use or development, the ancillary use or
development is permitted only with consent.
7 Planning principles and framework
A use or development or proposed use or development of land in
the Lake Bennett locality should:
(a) contribute to a built, rural and natural environment supporting
the diverse lifestyle and the social, cultural and economic
development of the Territory promoting:
(i) housing choice;
(ii) public infrastructure; and
(iii) recreational and cultural opportunities;
(b) contribute to the sustainable use and development of land and
water resources so that the use and development of land is
consistent with the principles of sustainable development and
avoids or minimises the degradation of the environment or the
pollution or over commitment of water resources;
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 24
(c) promote rural building design which is climatically appropriate,
energy efficient and contributes to the existing and future
character and appearance of an area;
(d) ensure development does not unreasonably intrude on or
compromise the privacy of adjoining residential uses and
ensures its own amenity is not prejudiced in the future;
(e) assist in the conservation of areas and sites of environmental,
cultural or heritage value as identified by the Territory;
(f) facilitate the further development of the tourist industry
capitalising on the Territory's aesthetic, natural and cultural
heritage;
(g) consider flood levels to minimise risk to life and property; and
(h) value unimproved land for its inherent ecosystem functions in
protecting native flora, fauna, soil and water resources.
Part 2 Specific land use controls
8 Sections 90 to 97, 99 to 110 and 1252 to 1255
(1) The purpose of this Part is to ensure development around Lake
Bennett does not have a detrimental impact on the lake and that the
rural character and amenity of the area is maintained.
(2) The use or development of sections 90 to 97(inclusive), 99 to 110
(inclusive) and 1252 to 1255 (inclusive) must be in accordance with
the requirements of clauses 9 to 14 (inclusive).
(3) The performance criteria in Part 3 apply to development except for
a conflict with a clause in this Part.
(4) In considering a proposed use or development the consent
authority must consider:
(a) any potential detrimental impact on the lake;
(b) the extent to which the proposed use or development is
appropriate to the land, taking into account the physical
characteristics of the land including the visual impact of the
proposal and the potential environmental impact of the
proposal on the lake and water; and
(c) whether services and infrastructure (including but not limited
to water, sewerage, gas, electricity and roads) will be
adequate to support the proposed use or development.
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 25
9 Sections 90 to 92
(1) Without consent, sections 90, 91 and 92 may be developed with a
single dwelling on each section.
(2) With consent, sections 90, 91 and 92 may be developed for any
other purpose that is in keeping with the rural character of the Lake
Bennett locality.
(3) A use or development for a purpose specified in subclause (1)
or (2) is subject to the following conditions:
(a) all waste water and septic facilities must be sited at least
100 m from the full supply level of the lake, or outside its
catchment, and designed so that no effluent flows into the
lake;
(b) domestic livestock must not be kept, exercised or trained on
the land within 100 m of the full supply level of the lake;
(c) the keeping, exercising or training of domestic livestock on the
land must not:
(i) unreasonably contribute to the erosion or pollution of the
land, adjoining land or the lake; or
(ii) cause detriment to the amenity of the Lake Bennett
locality because of excessive noise, offensive odours,
excessive dust or the attraction of flies or vermin.
10 Sections 92 to 97, 99 to 110, 1252 to 1255
(1) The purpose of this clause is to allow each of the owners of the
parcels of land receiving the benefit of a recreational easement
over section 1255 to have a pontoon on the lake.
(2) Without consent, the owner of each of the following lots may,
subject to the terms of the recreational easement, construct one
pontoon on or partly on section 1255:
(a) sections 92 to 97 (inclusive);
(b) sections 99 to 110 (inclusive);
(c) an existing or proposed unit on section 1252;
(d) sections 1253 and 1254.
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 26
(3) In this clause:
recreational easement means an easement in the terms stated in
Schedule 4 to the Lake Bennett (Land Title) Act 2005.
11 Sections 93 to 97 and 99 to 110
(1) Without consent, sections 93 to 97 (inclusive) and 99 to 110
(inclusive) may be developed with a single dwelling on each
section.
(2) With consent, sections 93 to 97 (inclusive) and 99 to 110 (inclusive)
may be developed for the following purposes:
(a) business sign;
(b) dependant unit;
(c) home occupation;
(d) medical consulting room.
(3) A use or development for a purpose specified in subclause (1)
or (2) is subject to the following conditions:
(a) all waste water and septic facilities must be sited at least
100 m from the full supply level of the lake, or outside its
catchment, and designed so that no effluent flows into the
lake;
(b) domestic livestock must not be kept, exercised or trained on
the land within 100 m of the full supply level of the lake;
(c) the keeping, exercising or training of domestic livestock on the
land must not:
(i) unreasonably contribute to the erosion or pollution of the
land, adjoining land or the lake; or
(ii) cause detriment to the amenity of the Lake Bennett
locality because of excessive noise, offensive odours,
excessive dust or the attraction of flies or vermin.
12 Section 1252
(1) With consent, section 1252 may be used only for a condominium
development for no more than 64 dwellings.
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 27
(2) A use or development for a purpose specified in subclause (1) is
subject to the following conditions:
(a) all development must be single storey;
(b) all waste water and septic facilities must be sited at least
100 m from the full supply level of the lake, or outside its
catchment, and designed so that no effluent flows into the
lake;
(c) domestic livestock must not be kept, exercised or trained on
the land.
13 Section 1253
(1) With consent, section 1253 may be developed for the following
purposes:
(a) business sign;
(b) caravan park;
(c) hostel;
(d) hotel;
(e) motel;
(f) multiple dwellings;
(g) promotion sign;
(h) restaurant;
(i) shop.
(2) A use or development for a purpose specified in subclause (1) is
subject to the following conditions:
(a) all waste water and septic facilities must be sited at least
100 m from the full supply level of the lake, or outside its
catchment, and designed so that no effluent flows into the
lake;
(b) domestic livestock must not be kept, exercised or trained on
the land within 100 m of the full supply level of the lake;
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 28
(c) the keeping, exercising or training of domestic livestock on the
land must not:
(i) unreasonably contribute to the erosion or pollution of the
land, adjoining land or the lake; or
(ii) cause detriment to the amenity of the Lake Bennett
locality because of excessive noise, offensive odours,
excessive dust or the attraction of flies or vermin.
14 Sections 1254 and 1255
(1) Sections 1254 and 1255 may be used only for recreational
purposes but not for any activity that because of the generation of
noise or disturbance will detrimentally affect the amenity of
adjoining land.
(2) A further development (including using a caravan or camping) is not
permitted on section 1254 or 1255 other than a development
mentioned in section 23(1) of the Lake Bennett (Land Title)
Act 2005.
(3) A houseboat is not permitted on the lake.
(4) Domestic livestock must not be kept, exercised or trained on
section 1254 or 1255.
Part 3 Performance criteria
15 Subdivision lot sizes
(1) The purpose of this clause is to ensure lots will be of a size that will
preserve the rural character of the Lake Bennett locality.
(2) Subdivision design must provide for lots 8 ha or larger with a
minimum of one hectare of unconstrained land.
16 Height control
(1) The purpose of this clause is to ensure the height of buildings is
consistent with development provided for in the Lake Bennett
locality.
(2) The height of any point of a building (including a tiered or split level
building) must be measured from ground level vertically below that
point.
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 29
(3) A building, other than a flag pole, lightning rod, aerial or antenna,
must not exceed a height of:
(a) for sections 90 to 97 (inclusive) and 99 to 110 (inclusive) and
section 1253 – 8.5 m; or
(b) for section 1252 – 5 m.
17 Car parking requirements
(1) The purpose of this clause is to ensure sufficient off-street car
parking, constructed to a standard and conveniently located, is
provided to service the proposed use of a site.
Note to subsection (1):
For many uses, the Building Code of Australia requires the provision of parking
for people with disabilities.
(2) Subject to clause 18, if a use or development specified in Column 1
of the table to this clause is proposed, the number of car parking
spaces (rounded up to the next whole number) required for that use
or development must be calculated in accordance with the formula
specified opposite in Column 2.
(3) If a use or development is proposed that is not listed in the table but
requires consent, the consent authority must determine the number
of car parking spaces required for that use or development.
TABLE
Column 1 Column 2
Use or development Minimum number of car parking spaces
required
Caravan park 1.1 for each caravan, cabin mobile home or
tent site.
Hostel 1 plus:
(a) 1 for each 5, or part of 5, guests; and
(b) 1 for each staff member.
Hotel (a) 16 for each 100 m 2, or part of 100 m 2,
of net floor area used as a lounge bar
or beer garden;
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 30
(b) 50 for each 100 m 2, or part of 100 m 2,
net floor area used as another bar;
(c) 10 for a drive-in bottle shop for
serving cars;
(d) 1 for each guest suite or bedroom;
and
(e) 3 for each 100 m 2, or part of 100 m 2,
used for dining.
Medical consulting rooms 1 (in addition to the 2 spaces required for the
dwelling in which the rooms are located) plus
3 for each consulting room.
Motel (a) 1 for each guest suite or bedroom;
(b) 16 for each 100 m 2, or part of 100 m 2,
of net floor area used as a lounge bar
or beer garden; and
(c) 3 for each 100 m 2, or part of 100 m 2,
used for dining.
Multiple dwellings (a) 2 for each dwelling; and
(b) 1 for each 5, or part of 5, dwellings.
Restaurant (a) 6 for each 100 m 2, or part of 100 m 2,
of net floor area (including alfresco
dining areas); and
(b) 10 for each drive-through for serving
cars.
Shop 6 for each 100 m 2, or part of 100 m 2, of net
floor area.
Single dwelling 2
18 Car parking area layout
(1) The purpose of this clause is to ensure a car parking area is
appropriately designed, constructed and maintained to service the
proposed use of a site.
(2) A car parking area must be established, used and maintained for
the purpose of parking vehicles only.
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 31
(3) A car parking area must:
(a) be of a suitable gradient for safe and convenient parking;
(b) be dust-suppressed or sealed and well drained;
(c) be of functional design and provide separate access to every
car parking space;
(d) limit the number of access points to the road;
(e) allow a vehicle to enter from and exit to a road in a forward
gear;
(f) maximise the sight lines for drivers entering or exiting the car
parking area;
(g) be not less than 3 m from a road, and the area between the
car parking area and the road must be landscaped with
suitable planting; and
(h) have driveways with a minimum width of 6 m for two-way
traffic flow or 3.5 m for one-way traffic flow.
19 Signs
(1) The purpose of this clause is to ensure business signs and
promotion signs are of a size and location that minimises detriment
to the amenity of the area.
(2) A business sign or promotion sign on a site must not:
(a) exceed 3 m 2 in area; or
(b) the height of a building on the site.
20 Demountable structures
(1) The purpose of this clause is to ensure demountable structures do
not detract from the visual amenity of an area.
(2) Placement of a demountable structure on land requires consent.
21 Set back of buildings
(1) The purpose of this clause is to ensure buildings, including sheds,
on certain land are sited so they do not detract from the streetscape
or amenity of adjoining land.
(2) A building on land, other than on section 1252, must be set back at
least 10 m from all boundaries.
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 32
22 Pontoons
(1) The purpose of this clause is to ensure pontoons are appropriately
designed and constructed.
(2) A pontoon must:
(a) not be larger than 4 m by 8 m with a ramp not exceeding
20 m; and
(b) be moored by way of a ramp that is permanently and securely
fixed to land or a dwelling above the high water mark.
(3) The highest point of the pontoon must be no more than 600 mm
above the water.
23 Mobile telephone telecommunications towers and
infrastructure
(1) The purpose of this clause is to ensure the erection of mobile
telecommunication towers and infrastructure does not unreasonably
detract from the amenity of the Lake Bennett locality.
(2) Despite anything to the contrary in this instrument, towers, aerials
or masts for mobile telephone telecommunications may be
developed only with consent.
24 Caravans
(1) The purpose of this clause is to restrict the use of caravans on
certain land.
(2) Land, other than sections 1253, 1254 and 1255, may be used to
provide accommodation in a caravan only if that caravan is the only
caravan used as a residence on the site and is used:
(a) as a temporary residence by the owner of the site;
(b) by a dependant of a person occupying a single dwelling on the
site;
(c) temporarily by a bona fide visitor; or
(d) by a bona fide caretaker of the land.
25 Dependant units
(1) The purpose of this clause is to ensure a dependant unit is ancillary
to the single dwelling on a site.
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 33
(2) A building or part of a building may be used, constructed or
modified for use as a dependant unit if:
(a) the floor area of the dependant unit does not or will not exceed
50 m 2;
(b) it shares public utility services and an effluent disposal system
with the single dwelling; and
(c) there is or will be only one dependant unit on the site.
26 Home occupation
(1) The purpose of this clause is to ensure home occupations are
established and operated in a manner that does not detract from
the amenity of the Lake Bennett locality.
(2) A dwelling may be used for home occupation only if:
(a) the occupation or profession is carried out only by persons
residing in the dwelling;
(b) the total of the floor area of the dwelling plus the other areas
of the site that are used for the home occupation (including
areas used temporarily) does not exceed 30 m 2;
(c) no greater demand or load is imposed on the services
provided by a service authority than that ordinarily required in
the Lake Bennett locality;
(d) no sign is displayed, other than a business sign, that is not
more than 0.5 m 2;
(e) no goods or equipment are visible from outside the site; and
(f) not more than one vehicle kept on the site is used for the
purposes of the home occupation.
(3) In this clause:
home occupation includes the care of up to 5 children in a
dwelling including children who reside in the dwelling.
27 Medical consulting rooms
(1) The purpose of this clause is to ensure medical consulting rooms
are established and operated in a manner that does not detract
from the amenity of the Lake Bennett locality.
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 34
(2) A medical consulting room may be established and operated only if:
(a) the service is carried out only by persons residing in the
dwelling and not more than one person who does not reside in
the dwelling;
(b) the total area used for the medical consulting room (including
areas used temporarily) does not exceed 30 m 2;
(c) no greater demand or load is imposed on the services
provided by a service authority than that ordinarily required in
the Lake Bennett locality; and
(d) no sign is displayed other than a business sign that is not
more than 0.5 m 2.
28 Clearing of native vegetation
(1) The purpose of this clause is to ensure clearing of native vegetation
does not unreasonably contribute to environmental degradation of
the Lake Bennett locality.
(2) This clause does not apply to the clearing of native vegetation
required or controlled under an Act of the Commonwealth or the
Territory.
(3) The clearing of native vegetation must:
(a) avoid impacts on environmentally significant or sensitive
vegetation;
(b) be based on land capability and suitability for the intended
use;
(c) avoid impacts on waterways;
(d) avoid habitat fragmentation and impacts on native wildlife
corridors; and
(e) avoid impacts on soils highly prone to erosion.
(4) The clearing of native vegetation requires consent if more than
one hectare in total is to be cleared, including a previously cleared
area.
(5) An application for the clearing of native vegetation must
demonstrate consideration of the following:
(a) the presence of sensitive or significant vegetation
communities including rainforest, vine thicket and close forest;
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 35
(b) the presence of an area of essential habitat within the
meaning of the Territory Parks and Wildlife Conservation
Act 1996;
(c) the impact of the clearing on regional biodiversity;
(d) whether the clearing is necessary for the intended use;
(e) whether there is sufficient water for the intended use;
(f) whether the soils are suitable for the intended use;
(g) whether the slope is suitable for the intended use;
(h) the presence of permanent and seasonal water features,
including billabongs and swamps;
(i) the retention of native vegetation adjacent to waterways;
(j) the retention of native vegetation buffers along boundaries;
(k) the retention of native vegetation corridors between remnant
native vegetation;
(l) the presence of a heritage object, heritage place,
archaeological object or archaeological site within the
meaning of the Heritage Conservation Act 1991.
(6) In assessing an application for the clearing of native vegetation, the
matters mentioned in subclause (5) must be taken into account.
Schedule 5 Development for Lake Bennett locality
Lake Bennett (Land Title) Act 2005 36
LAKE BENNETT LOCALITY
clause 3
Schedule 6 Development permit for development area
Lake Bennett (Land Title) Act 2005 37
Schedule 6 Development permit for development area
section 21
NORTHERN TERRITORY OF AUSTRALIA
Lake Bennett (Land Title) Act 2005
DEVELOPMENT PERMIT
DP04/0022
DESCRIPTION OF LAND THE SUBJECT OF THE PERMIT
Lot No: section 1252
Town/Hundred: Hundred of Howard
Street Address: Chinner Road
Consent is granted, pursuant to the Lake Bennett (Land Title) Act 2005, for
the purpose of 64 dwellings representing up to 15 new dwellings in addition to
the existing 49 dwellings, subject to the conditions in the Schedule, and for the
reasons set out in the attached Statement of Reasons.
Minister for Lands and Planning
Date:
Schedule 6 Development permit for development area
Lake Bennett (Land Title) Act 2005 38
SCHEDULE OF CONDITIONS
Lake Bennett (Land Title) Act 2005
DEVELOPMENT PERMIT
DP04/0022
All development on section 1252 is limited to a single storey.
Up to 15 new dwellings may be constructed on the eastern side of the
lake on the areas identified by thick black lines on Drawing No.
04/5818/4 "Development Area Lake Bennett".
All new dwellings must provide a separation of at least 3 m between
dwellings (proposed and existing) and a 5 m setback from the access
driveway.
All new dwellings must be similar in style, height and building materials
to the existing dwellings on units 17 to 54 (inclusive).
The floor level of any new dwelling must be a minimum of 200 mm
above the one in one hundred year flood level.
All air conditioning condensers are to be appropriately screened from
public view and located so as to minimise thermal and acoustic impacts
on neighbouring properties to the satisfaction of the Minister for Lands
and Planning.
The dwellings hereby permitted must be connected to the effluent
disposal system that services the existing unit development to the
satisfaction of the Department of Health and Community Services.
The dwellings hereby permitted must be connected to a reticulated
potable water supply to the satisfaction of the Department of Health
and Community Services.
Any developments on or adjacent to any easements on site must be
carried out to the requirements and satisfaction of the relevant service
authority.
Note:
Section 21 of the Lake Bennett (Land Title) Act 2005 states that a
development permit issued under that Act is taken to have been issued under
the Planning Act 1999.
The Planning Act 1999 provides for a Base Period of Permit under section 3
subject to the provisions of sections 58 and 59. This permit will lapse 2 years
from the date of issue.
Minister for Lands and Planning
Date:
Schedule 6 Development permit for development area
Lake Bennett (Land Title) Act 2005 39
STATEMENT OF REASONS FOR DETERMINATION
Lake Bennett (Land Title) Act 2005
DEVELOPMENT PERMIT
DP04/0022
Reason
The permit allows for the development of up to 15 new dwellings on the
eastern side of Lake Bennett in accordance with the terms of compromise
submitted by the Territory to the registered proprietors of the lots.
Variations given
Not applicable
Minister for Lands and Planning
Date:
ENDNOTES
Lake Bennett (Land Title) Act 2005 40
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Lake Bennett (Land Title) Act 2005 (Act No. 2, 2005)
Assent date 18 February 2005
Commenced 9 March 2005 (Gaz G10, 9 March 2005, p 2)
Mineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)
Assent date 18 November 2010
Commenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)
Local Government Amendment Act 2014 (Act No. 19, 2014)
Assent date 2 June 2014
Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014
(s 2)
Liquor Act 2019 (Act No. 29, 2019)
Assent date 3 September 2019
Commenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)s
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: ss 1, 5, 6, 12, 13, 15 , 16, 17,
19, 21, 22, 23, 25, 26, 27, 30 and sch 4, 5 and 6.
4 LIST OF AMENDMENTS
sch 5 amd No. 37, 2010, s 13; No. 19, 2014, s 26; No. 29, 2019, s 377