Planning Act 1999

1 Short title This Act may be cited as the Planning Act 1999.

2 Commencement This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

2A Purpose and objectives The purpose of this Act is to establish a system to facilitate planning for the orderly use and development of land to achieve the following objectives: (a) to ensure that strategic planning is applied to planning schemes and implemented in individual planning decisions; (b) to ensure that strategic planning reflects the wishes and needs of the community; (c) to ensure that appropriate public consultation and input are included in the formulation of planning schemes and the making of decisions under planning schemes; (d) to ensure that the planning system is clear, comprehensive, effective, efficient and accessible to the community; (e) to promote the sustainable development of land; (f) to promote the responsible use of land and water resources to limit the adverse effects of development on ecological processes;

Planning Act 1999 2 (g) to maintain the health of the natural environment and ecological processes; (h) to protect the quality of life of future generations; (i) to assist the provision of public utilities, infrastructure and facilities for the benefit of the community; (j) to promote the good design of buildings and other works that respects the amenity of the locality; (k) to assist the conservation and enhancement of places, areas, buildings, other works and landforms that are of cultural, aesthetic, architectural or historical value; (l) to respect and encourage fair and open decision making.

3 Interpretation (1) In this Act, unless the contrary intention appears: alteration permit means a permit issued and (if applicable) varied under Part 4, Division 3. amendment decision, in relation to a concurrent application, see section 30R(2). amendment proposal, in relation to a concurrent application, see section 30(2). amenity, in relation to a locality or building, means any quality, condition or factor that makes or contributes to making the locality or building harmonious, pleasant or enjoyable. appointed member, in relation to the Commission, means a member appointed under section 81F(2) or (3). approved form means a form approved under section 135A. authorised officer means a person appointed under section 76. base period of the permit, in relation to a development permit or an exceptional development permit, means the period commencing on the date of consent and ending on: (a) the date specified in the permit as the date on which the permit will lapse; or (b) if no date is specified in the permit as the date on which the permit will lapse – the date 2 years after the relevant date of consent.

Planning Act 1999 3 building includes a structure of any kind (including a temporary structure) and part of a building or structure. Chair means the person appointed as the Chair of the Development Consent Authority under section 88(1) and includes a Deputy Chair acting under section 88(3) or (4). Chairperson means the person appointed to be the Chairperson of the Commission under section 81F(2). Commission means the Planning Commission established by section 81A. committee means a committee of the Development Consent Authority established under section 104. community member means a member of the Development Consent Authority who is appointed under section 89(1)(a) and includes an alternate community member acting under section 89(2). concurrent application, see section 30(1). consent authority has the meaning in section 4. consolidation means the amalgamation of 2 or more parcels of land to form a single parcel but does not include: (a) a consolidation of pastoral land under section 64, 65 or 66 of the Pastoral Land Act 1992, if, after consolidation, the land remains pastoral land within the meaning of that Act; (c) a consolidation of land the subject of a grant of an estate or interest with land already held by the grantee for the purpose of section 16 or 24 of the Control of Roads Act 1953; (d) the consolidation of land vested in a local government council under section 272(3) of the Local Government Act 2019 with land adjoining that land if the consolidation takes place not later than 12 months after the vesting of the land in the local government council; or (e) a consolidation or class of consolidation prescribed for the purposes of this definition. construct, in relation to a building, includes: (a) to build, re-build, erect or re-erect the building; (b) to make alterations to the building;

Planning Act 1999 4 (c) to enlarge or extend the building; and (d) to place or relocate the building on land. contact details, in relation to a person, means the person's postal address or email address. contribution means the amount, calculated under and in accordance with a contribution plan, payable in accordance with Part 6. contribution plan means a contribution plan made under section 68. council area means an area for which a council is constituted under the Local Government Act 2019. covenant has the same meaning as in Part 9, Division 4 of the Law of Property Act 2000. covenant in gross has the same meaning as in Part 9, Division 4 of the Law of Property Act 2000. date of consent, in relation to a development permit, means: (a) the date on which the consent authority issued the development permit under section 54; or (b) the date on which the consent authority, in accordance with an order under section 125(4) or 130(4), issued or amended the development permit, whichever is the later. Deputy Chair means a person appointed as a Deputy Chair of the Development Consent Authority under section 88(2). development, in relation to land, means an activity that involves: (a) the establishment of, or a change in, the use of the land; (b) the subdivision or consolidation of the land; or (c) the carrying out of works on or in relation to the land, including: (i) excavation or land-filling; (ii) the clearing of native vegetation; (iii) the construction of a building;

Planning Act 1999 5 (iv) the construction or upgrading of roads and drains, other than: (A) by a statutory corporation, by a statutory authority or corporation incorporated under an Act of the Commonwealth or by a local government council; or (B) if the works are carried out in pursuance of a statutory responsibility; (v) the construction or upgrading of hardstand car parking or landscaping; and (vi) any other operation that affects the physical character of development application means an application under section 46. Development Consent Authority means the Authority established by section 82 and includes a Division of the Authority. development permit means a development permit issued under section 54 or taken to be issued under section 45, as varied under section 57, as varied pursuant to an order under section 130 or as modified under section 66. development proposal, in relation to a concurrent application, see section 30(3). Division, in relation to the Development Consent Authority, means a Division established under section 83. Division area means the area of a Division as specified in, or as amended by, a notice under section 83. Division member, in relation to a Division of the Development Consent Authority, means a person appointed under section 89 or 90 to be a member in respect of the Division and includes a person appointed under section 91, 93 or 94 to act in the office of a member of the Division while acting as that member. easement has the same meaning as in Part 9, Division 2 of the Law of Property Act 2000. easement in gross has the same meaning as in Part 9, Division 2 of the Law of Property Act 2000.

Planning Act 1999 6 element, in relation to a planning scheme, means any written provision, image, map, plan, design, diagram, requirement or other component of which a planning scheme is constituted. enforcement notice means a notice issued under section 77. exceptional development permit means a permit granted under section 40 as varied, if at all, under that section. exhibition means: (a) in relation to a proposal – placing the proposal on exhibition under Part 2, Division 3, and giving notice of the proposal as required by that Division; or (b) in relation to a concurrent application – placing the application on exhibition under Part 2A, Division 3, and giving notice of the application as required by that Division. exhibition period, for a concurrent application, see section 30F(3). existing building has the meaning in section 33(3). existing use has the meaning in section 33(1) or (2). existing works has the meaning in section 33(4). formula for calculation means a formula for the calculation of contributions that is referred to in section 69(4). interim development control order means an interim development control order made under Part 3 that is in force from time to time. land includes land covered by water and buildings constructed on land. member means: (a) in relation to the Commission – a member mentioned in section 81F(1); and (b) in relation to the Development Consent Authority – any of the (i) the Chair; (ii) a person appointed under section 89 or 90 as a member; (iii) an alternate member appointed under section 91 while acting as a member;

Planning Act 1999 7 (iv) a temporary member appointed under section 93 or 94 while acting as a member. notice of refusal means a notice of refusal served under section 53C. NT Planning Scheme means the Northern Territory Planning Scheme referred to in section 7. owner, in relation to land held under a lease from the Territory, means the lessee of the land. party, to a review under Part 9, has the meaning in section 118A. period of exhibition, for Part 2, Division 3, see section 14. permit, in relation to land, means any permit issued under this Act that applies to the land. planning adviser means a planning adviser appointed under section 30A. planning scheme includes the NT Planning Scheme and any specific planning scheme referred to in section 8. policy area means a policy area within the meaning of section 69(3). prescribed corporation means the corporation prescribed under section 9 of the Local Government Act 2019. prescribed fee means a fee prescribed under section 135(1). proposal, for Part 2, Division 3, see section 14. Registrar means the Registrar within the meaning of the Northern Territory Civil and Administrative Tribunal Act 2014. Restricted Water Extraction Area means an area of land declared under section 14A(1) of the Water Act 1992. scheme, see section 5 of the Unit Title Schemes Act 2009. scheme land, see section 32(1) of the Unit Title Schemes Act 2009. service authority means the Territory, a minister, the Power and Water Corporation established by the Power and Water Corporation Act 1987 or a prescribed statutory corporation.

Planning Act 1999 8 significant development proposal, in relation to land, see section 50A(1). significant development report, see section 50B(1). statutory corporation means a corporation, commission or authority incorporated by name for a public purpose by a law of the Territory, but does not include a local government council. strategic framework, see section 9A. subdivision has the meaning in section 5. submission period, for a development application, means the period allowed for lodging submissions in relation to the application specified in the notice about the application. Surveyor-General has the same meaning as in the Licensed Surveyors Act 1983. Tribunal means the Civil and Administrative Tribunal works means: (a) any activity on land, other than mining or agriculture, resulting in a physical change to the land or a part of the land; or (b) the results of such an activity, other than a building. zone, in relation to land, means the zone of the land as specified in a planning scheme or in a map to which a planning scheme refers. (2) If in this Act the expression default penalty appears in or at the foot of a section or subsection, section 80B applies in relation to the section or subsection. Note for section 3 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act

4 Meaning of consent authority (1) Subject to subsections (4) and (6), if a Division of the Development Consent Authority is not established in relation to an area of land, the Minister is the consent authority in relation to the land. (2) Subject to subsections (3) and (5), if a Division of the Development Consent Authority is established in relation to an area of land, the Division is the consent authority in relation to the land.

Planning Act 1999 9 (3) If the Minister is nominated under section 31(3) as the consent authority in relation to an interim development control order, the Minister is the consent authority in relation to: (a) if the order only relates to a type of development specified in the order – development of that type on the land to which the order relates; or (b) if the order does not specify that it only relates to a type of development – the land to which the order relates. (4) If a Division of the Development Consent Authority is nominated under section 31(3) as the consent authority in relation to an interim development control order, the Division is the consent authority in relation to: (a) if the order only relates to a type of development specified in the order – development of that type on the land to which the order relates; or (b) if the order does not specify that it only relates to a type of development – the land to which the order relates. (5) If the Minister directs the Development Consent Authority under section 85(3), the Minister is the consent authority in relation to the particular development application to which the direction relates. (6) If a Division of the Development Consent Authority is not established in relation to an area of land to which a concurrent application relates, the consent authority in relation to the land is the person or body appointed under section 30D(6)(b) to be the consent authority for the application.

5 Meaning of subdivision (1) Subject to subsections (2), (3) and (4), in this Act, subdivision means the division of land into parts available for separate occupation or use, by means of: (a) sale, transfer or partition; or (b) lease, agreement, dealing or instrument purporting to render different parts of the land available for separate disposition or separate occupation.

Planning Act 1999 10 (2) Despite subsection (1), subdivision does not include: (a) a subdivision created by: (i) an acquisition or resumption of land or of an interest in land resulting from an action under the Lands Acquisition Act 1978 or the Crown Lands Act 1992; (ii) an action under the Control of Roads Act 1953 or the Local Government Act 2019 to open a road, or to create a parcel of land to be included in a future road, if all the parts of the parcel that are not or will not be acquired for the purposes of the road will remain one parcel; (iii) the vesting of land in a local government council under section 272(3) of the Local Government Act 2019; or (iv) a grant of an estate or interest in land for the purpose of section 16 or 24 of the Control of Roads Act 1953 if it is to be consolidated with the land already held by the grantee; (c) a subdivision that creates not more than 2 lots if one of the lots is or is intended to be a park or reserve within the meaning of the Territory Parks and Wildlife Conservation Act 1976; (d) the subdivision of pastoral land under section 61 or 66 of the Pastoral Land Act 1992 if, after the subdivision, the land will remain pastoral land within the meaning of that Act; (e) a subdivision required under the Encroachment of Buildings Act 1982; (f) a sublease under the Pastoral Lands Act 1992; (g) a subdivision required under any other Act; or (h) a subdivision, or a subdivision of a class of subdivision, prescribed for the purposes of this section. (3) Land is not to be taken to be subdivided for the purposes of this Act: (a) by the grant of a lease, licence or other right to use or occupy a part of the land unless the lease, licence or other right is for a term of more than 12 years; or (b) by reason only of the lease of part of a building.

Planning Act 1999 11 (4) For the purposes of subsection (3), a lease, licence or other right to use or occupy a part of land that contains: (a) an option to renew the lease, licence or right for an additional term from the date of expiration of the lease, licence or right; or (b) a provision for the granting of a further lease, licence or right for an additional term from the date of expiration of the lease, licence or right, so that the aggregate of all the terms is more than 12 years is to be taken to be a lease, licence or right for a term of more than 12 years. (5) Despite subsection (1), subdivision also does not include a subdivision if: (a) the subdivision comprises one or more leases granted over Aboriginal land (as defined in section 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)); and (b) the leases were granted to Indigenous Essential Services Pty Ltd ACN 105 269 636 after 29 June 2009 and before the commencement of this section. (6) Subsection (5) does not limit the power to make regulations under section 148 to prescribe exemptions for subsection (2)(h).

5A Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 5A Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

6 Act to bind Crown This Act binds the Crown not only in the right of the Territory but also, so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

6A Persons and bodies performing functions under Act (1) The Minister's functions under this Act are primarily the following: (a) to make and amend specific planning schemes under Part 2;

Planning Act 1999 12 (b) to make interim development control orders under Part 3; (c) to perform the functions of a consent authority in the circumstances specified in section 4; (d) to appoint members of the various bodies that perform functions under this Act; (e) to appoint persons who perform administrative or enforcement functions under this Act; (f) to prescribe fees, approve forms and perform administrative functions under this Act. (2) The Planning Commission's functions under this Act are specified in section 81B and relate primarily to the following: (a) to develop strategic planning for the Territory and maintaining the NT Planning Scheme; (b) to assist the Minister in carrying out the purpose and objectives of this Act. (3) A consent authority's function under this Act is to make decisions relating to applications to develop land. (4) The Development Consent Authority's function under this Act is to perform the functions of a consent authority in those places where it is established.

7 Northern Territory Planning Scheme (1) There is a Northern Territory Planning Scheme that applies in relation to the whole of the Territory except any area of land: (a) in relation to which another planning scheme applies; or (b) specified in the NT Planning Scheme as being excluded from the application of that Scheme. (2) The NT Planning Scheme may refer to an area of land by describing the land or referring to a map or plan of the land.

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8 Other specific planning schemes (1) The Minister may, on the Minister's own initiative or following a request by a person or body, make a specific planning scheme that applies in relation to the area or areas of land described in the planning scheme or in a map to which the planning scheme refers. (2) The Minister may, on the Minister's own initiative or following a request by a person or body, repeal a specific planning scheme. (3) Divisions 2, 3, 4 and 5 apply in relation to the making or repeal of a specific planning scheme as if a reference in those Divisions to an amendment of a planning scheme were a reference to the making or repeal of a specific planning scheme. (4) If the Minister makes or repeals a specific planning scheme on his or her own initiative, Divisions 3, 4 and 5 apply (with the necessary changes) in relation to that action as if the Minister had received a request for the specific planning scheme to be made or repealed.

9 Planning scheme (1) A planning scheme must further the purpose and objectives of this Act. (2) A planning scheme must establish the planning provisions that apply to an area of land, which may include the following: (a) policies to be applied to the use or development of land; (b) provisions that permit, prohibit, restrict, impose conditions on or otherwise control the use or development of land; (c) provisions necessary or convenient to give effect to the planning scheme; (d) maps, plans, designs and diagrams. (3) A planning scheme may be comprised of the following elements: (a) a strategic framework for the land to which the planning scheme applies; (b) overlay provisions; (c) zone provisions; (d) use and development requirements; (e) interpretive provisions and administrative guidelines.

Planning Act 1999 14 (4) An element of a planning scheme may apply in relation to all or part of the land to which the planning scheme applies. (5) A planning scheme may refer to, adopt or incorporate, with or without modification, a specified document, as in force at a particular time or as in force from time to time. (6) A planning scheme is to be interpreted and applied in accordance with its interpretative provisions.

9A Contents of strategic framework A strategic framework consists of the planning policies and plans that apply to an area of land, which may include the following: (a) the strategic policies and principles that promote the purpose and objectives of this Act and guide the development of land to which the planning scheme applies; (b) a regional land use plan that establishes the general policies and principles that guide all development of land, land use and resource use in a region and identifies any issues related to long-term planning; (c) a subregional land use plan that establishes the specific policies and principles that guide all development of land, land use and resource use in a subregion; (d) an area plan that establishes the specific rules and principles for all development of land, land use and resource use in an

9B Overlay provisions, zone provisions and development requirements and guidelines (1) The overlay provisions of a planning scheme consist of the (a) the specific development requirements that prevail over or are in addition to the zone provisions; (b) a map or other geographic means of determining where the overlay provisions apply. (2) The zone provisions of a planning scheme consist of the following: (a) a statement of the purpose of each zone and the outcomes expected for each zone;

Planning Act 1999 15 (b) a table that states the categories of development that are permitted, prohibited or otherwise controlled and the applicable development requirements in a zone; (c) one or more maps or other geographic means to identify the applicable zones. (3) The development requirements in a planning scheme consist of the (a) the requirements that apply to development in a zone; (b) the subdivision and consolidation requirements for the scheme

9C Interpretative provisions and administrative guidelines The interpretative provisions and administrative guidelines in a planning scheme consist of: (a) any definitions, rules or principles for interpreting or applying the planning scheme; and (b) any guidance a consent authority is expected to follow when administering the planning scheme, including what it is allowed to consider in relation to specific matters.

Division 2 Amendments and requests for amendments of planning schemes

10 Meaning of declared class of amendments In this Division, a reference to a declared class of amendments is a reference to a class of amendments to which a declaration in force under section 11(3) relates.

11 Amendment of planning scheme generally (1) The Minister may amend a planning scheme in accordance with this Part. (2) To avoid doubt, the repeal and substitution of a planning scheme in its entirety is an amendment of the planning scheme. (3) The Minister may declare in writing that, in the Minister's opinion, a class of amendments of a planning scheme is not so significant as to require exhibition.

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12 Amendment of planning scheme on Minister's initiative (1) The Minister may decide to amend a planning scheme on his or her own initiative as the Minister sees fit. (2) If the Minister is satisfied the proposed amendment is within a declared class of amendments or is not so significant as to require exhibition, the Minister may: (a) amend the planning scheme without taking any further action under Division 3, 4 or 5; (b) give notice of the amendment in accordance with section 28; and (c) provide reasons for the amendment in accordance with section 29. (3) In any other circumstances, Divisions 3, 4 and 5 apply in relation to the proposed amendment.

12A Request to amend planning scheme (1) A person or body may request the Minister to amend a planning scheme. (2) The request must be in writing and include the following: (a) an explanation of the proposed amendment; (b) a statement of the purpose of the proposed amendment and its desired effect; (c) an assessment of the proposed amendment with respect to the matters to be considered by the Minister under section 13(1); (d) the details of any community consultation conducted, or to be conducted, in addition to the consultation required under this Act. (3) The Minister may require the person or body requesting an amendment to provide further information within a specified time if, in the Minister's opinion, additional information is necessary to enable a proper consideration of the request. (4) The Minister may reject the request without considering it further if: (a) the additional information is not provided within the time required; or

Planning Act 1999 17 (b) additional information is provided but the Minister considers it to be insufficient to enable a proper consideration of the request. (5) If the Minister rejects a request under subsection (4), the Minister must give the person or body written notice of the rejection and the reasons for it.

12B Planning Commission views on request and decision (1) The Minister may ask the Planning Commission for its views on the strategic planning implications of a proposed amendment to a planning scheme. (2) The Minister must give written notice to the person or body requesting the amendment if the Minister asks the Planning Commission for its views. (3) The Planning Commission must give the Minister a report on its views if asked under subsection (1). (4) The Minister must: (a) give a copy of the Planning Commission's report to the person or body requesting the amendment; and (b) give that person or body a reasonable opportunity to respond to that report.

13 Minister's consideration of request and decision (1) When considering a request to amend a planning scheme, the Minister must also consider the following: (b) whether the proposed amendment, other than a proposed amendment to a strategic framework, is contrary to any strategic framework in the planning scheme; (c) whether the proposed amendment is within a declared class of amendments that do not require exhibition; (d) whether the proposed amendment is not significant enough to require exhibition; (e) the merits of the proposed amendment and whether the

Planning Act 1999 18 (f) any report from the Planning Commission under section 12B(3); (g) any other matters the Minister considers appropriate. (2) Despite Divisions 3 and 4, the Minister need not take any action under those Divisions in respect of a proposed amendment if satisfied that: (a) the proposed amendment is within a declared class of amendments; or (b) the proposed amendment is not significant enough to require exhibition. (3) After considering the request, the Minister must: (a) continue consideration of the proposed amendment by placing it on exhibition; or (b) amend the planning scheme as proposed; or (c) refuse to amend the planning scheme. (4) If the Minister amends the planning scheme as proposed, the (a) give notice of the amendment in accordance with section 28; and (b) provide reasons for the amendment in accordance with section 29. (5) As soon as practicable after making the decision, the Minister must give written notice of the decision to the person or body requesting the amendment. (6) If the Minister refuses to amend the planning scheme as proposed, the notice of the decision must include the reasons for the refusal. (7) A failure of the Minister to comply with subsection (4)(b) or (6) in relation to a decision does not affect the validity of the Minister's decision.

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Division 2A Plans, guidelines and assessment criteria prepared by Commission

13A Application of Division This Division applies in relation to integrated strategic plans, guidelines and assessment criteria prepared by the Commission for inclusion in the NT Planning Scheme as mentioned in section 81B(b) and (c).

13B Procedures to be followed On receipt of the integrated strategic plans, guidelines or assessment criteria, the Minister must follow the procedures under this Part as if the Commission had requested the amendment of the NT Planning Scheme under Division 2.

14 Definitions period of exhibition, for a proposal, means the period referred to in section 15. proposal means one of the following: (a) a proposed amendment of a planning scheme that the Minister has, under Division 2, decided to place on exhibition; (b) a proposal to grant or vary an exceptional development permit that the Minister has, under Part 4, Division 2, decided to place on exhibition; (c) an altered proposal within the meaning of section 27.

15 Period of exhibition of proposal (1) Subject to subsection (2), the period of exhibition for a proposal is 28 days starting on the day the notice of the proposal is first published under section 17. (2) The Minister may determine a longer period of exhibition for a particular proposal or class of proposals.

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16 Notice relating to rezoning or grant of permit (1) This section applies in relation to land that will be affected by one of the following proposals if carried out: (a) a proposal to amend a planning scheme by establishing or changing a zone; (b) a proposal to grant or vary an exceptional development (2) Subject to this section, on or before the first day of the period of exhibition for the proposal, the Minister must: (a) serve a notice on the owner of the land; and (b) arrange to be placed on or in the vicinity of the land as many signs, in accordance with subsections (4) and (5), as the Minister considers appropriate. (3) Subsection (2) does not apply if the Minister considers: (a) it is impracticable to comply with the subsection because of the location of the land or the number of parcels of land; and (b) it is reasonable to expect that all persons likely to be affected by the proposal will receive sufficient notice of it by means of the notice published under section 17. (4) A sign referred to in subsection (2)(b) must include the following (a) the current zone of the land; (b) the zone proposed for the land or the activity that will, despite the zone of the land, be permitted under an exceptional (5) A sign referred to in subsection (2)(b) must: (a) be placed on, or within a reasonable distance from, each public road frontage of the land; and (b) be clearly legible to a person from a location on the public road nearest to the land. (6) A person commits an offence if: (a) a sign is placed on land in accordance with this section; and (b) the person intentionally removes the sign; and

Planning Act 1999 21 (c) the removal occurred before the end of the period of exhibition for the proposal. Maximum penalty: 100 penalty units. (7) Strict liability applies to subsection (6)(a) and (c).

17 Publication of notice of proposal (1) The Minister must publish, in a newspaper circulating in the Territory or in the area to which the proposal relates, a notice containing the following information: (a) that a proposal to amend a planning scheme, or to grant or vary an exceptional development permit, is to be placed on exhibition; (b) the place where or the manner in which the public can view a copy of the application and proposal; (c) the period of exhibition; (d) the body to which written submissions about the proposal may be made; (e) a brief summary of the nature of the proposal. (2) If the proposal relates to establishing or changing a zone or to a grant or variation of an exceptional development permit, and the Minister considers it to be practicable, the brief summary must include the following information: (a) the lot number, Section number or Portion number and, if applicable, the street address of the land; (b) the current zone of the land. (3) During the period of exhibition, the Minister must publish the notice under subsection (1) a second time.

18 Exhibition of proposal The Minister must exhibit the following at the place or in the manner specified under section 17(1)(b): (a) a copy of the application; (b) a copy of the proposal;

Division 4 Submissions, consultation, hearings and reports about proposals Planning Act 1999 22 (c) a copy of any report from the Commission relevant to the

19 Notice to local government council if proposal relates to land in council area (1) If a proposal relates to land partly or entirely within a council area, the Minister must give the local government council for the council area written notice of the proposal. (2) The notice must contain the information specified in the notice published under section 17 and an invitation to the local government council to make a submission about the proposal under section 22. (3) In response to the notice, the local government council may: (a) make a submission about the proposal under section 22(1); or (b) give the Commission advice or comment on the proposal under section 22(4). Division 4 Submissions, consultation, hearings and reports about proposals

20 Definitions proposal means a proposal within the meaning of section 14 that has been placed on exhibition in compliance with Division 3.

22 Submissions and hearing (1) A person or body may make a submission about a proposal to the Commission. (2) The submission must be in writing and lodged with the Commission within the exhibition period. (3) To be received by the Commission, a submission must:

Division 4 Submissions, consultation, hearings and reports about proposals Planning Act 1999 23 and of a body or group of persons, the representative. (4) A local government council may give the Commission advice or comment on a proposal. (5) Any advice or comment given by a local government council is (6) The Commission must conduct a hearing if: (a) the Commission receives a submission; and (b) the Chairperson is satisfied that a hearing would provide further useful information. (7) If the Commission intends to not conduct a hearing, it must: (a) notify the local government council and each person or body who made a submission of that intention; and (b) give the local government council and those persons and bodies a reasonable opportunity to respond to the notice. (8) The Commission must consider any responses given in response to the notice before deciding not to conduct a hearing. (9) If the Commission conducts a hearing, it must invite the local government council and each person or body who made a submission to appear at the hearing and be heard in relation to the (10) The hearing is to be conducted by the Chairperson, or as otherwise determined by the Chairperson, with a minimum of formality and in a manner that ensures procedural fairness.

23 Directions by Minister relating to consultation (1) If the Minister requires the Commission to carry out consultation in addition to the other processes required by this Division, the Minister must in writing direct the Commission to do so. (2) The direction may include requirements about the persons with whom, and the manner in which, the consultation is to be carried out.

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24 Reports (1) After a hearing has been conducted in respect of submissions about a proposal, and any consultation has been carried out as directed by the Minister, the Commission must provide the Minister with the submissions and a written report about: (a) issues raised in the submissions; (b) issues raised at the hearing and during any consultation; and (c) any other matters the Commission considers the Minister should take into account when considering the proposal. (2) If no submission is received or no hearing is held by the Commission under section 22, it must provide the Minister with a written report about the following, as applicable: (a) any submissions received; (b) the reasons why no hearing was held; (c) any issues raised during any consultation; (d) any other matter it considers the Minister should take into account when considering the proposal. (3) The Minister may also request any other person or body to give the Minister a written report about matters relevant to the proposal or to anything referred to in the Commission's report.

25 Minister's action on amendment of planning scheme (1) This section applies if the Minister receives a report from the Commission under section 24(1) or (2) about a proposal to amend a planning scheme. (2) When considering the report, the Minister must also consider the (b) whether the proposed amendment, other than an amendment to a strategic framework, is contrary to any strategic framework in the planning scheme;

Planning Act 1999 25 (c) the merits of the proposed amendment and whether the (d) any report given under section 24(3); (e) any other matter the Minister considers appropriate. (3) Within 90 days after receiving the Commission's report, the Minister must: (a) amend the planning scheme as proposed; or (b) alter the proposal and amend the planning scheme in some other way; or (c) refuse to amend the planning scheme as proposed. Note for subsection (3)(b) Section 27 applies to the exhibition of an altered proposal. (4) Before making a decision under subsection (3), the Minister may require the proponent to provide further information in relation to the proposal within a specified time. (5) The Minister must give written notice of a decision under subsection (3) or (4) to the local government council and any person or body who made a submission under section 22. (6) If the Minister requires further information under subsection (4), the 90-day period to make a decision under subsection (3) is suspended until the earlier of the following: (a) the date the information is provided; (b) the time specified in the requirement to provide the further information. (7) The Minister may refuse to amend the planning scheme as proposed if the proponent does not provide the further information required under subsection (4) within the specified time.

26 Proposal relating to exceptional development permit (1) This section applies in relation to a proposal relating to a grant or variation of an exceptional development permit in respect of which the Minister has received a report or reports under Division 4. (2) After considering each report and, if applicable, any other matters the Minister is required by this Act to consider in relation to the proposal, the Minister must take an action under section 40.

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27 Exhibition of altered proposal (1) This section applies in relation to an altered proposal only if the alteration is to the substance of the proposal and not merely to the format or style in which the proposal was placed on exhibition. (2) If the Minister is satisfied an alteration is sufficiently extensive or significant to justify the exhibition of the altered proposal, the Minister must place it on exhibition. (3) Subject to subsection (4), Divisions 3 and 4 and this Division apply in relation to the altered proposal as if the previous proposal had not been on exhibition. (4) Section 16 applies in relation to an altered proposal only if the zone proposed for the land to which the altered proposal relates is different from the zone proposed in the previous proposal, as specified in the previous notice placed on or in the vicinity of the land under section 16(2)(b). (5) In this section: altered proposal means a proposal altered under section 25 or 40.

28 Notice of amendment (1) After the Minister amends a planning scheme, the Minister must publish, in a newspaper circulating in the Territory or in the area to which the amendment relates, a notice containing the following (a) a statement that the Minister has amended the planning scheme named in the notice; (b) any identifying number or title given to the amendment; (c) the place where copies of the amendment are available for purchase or inspection. (2) An amendment of a planning scheme takes effect on the date the notice of the amendment is published. (3) This section does not apply in relation to any action taken by the Minister under section 40.

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29 Reasons for decision to be available to public (1) After the Minister amends or refuses to amend a planning scheme, the Minister must make available for purchase or inspection by the public a copy of the written reasons for the decision. (2) A failure of the Minister to comply with subsection (1) does not affect the validity of the Minister's decision.

30 Concurrent application (1) A concurrent application is an application that: (a) relates to land to which a planning scheme applies; and (b) comprises both an amendment proposal and a development (2) An amendment proposal is a proposal for an amendment of a planning scheme under this Part that relates to any of the following: (a) the establishment or change of a zone; (b) the establishment or change of a zone and a variation of the provisions of the planning scheme as they will apply to development in the zone after it is established or changed; (c) a variation of the provisions of the planning scheme not requiring the establishment or change of a zone. (3) A development proposal is a proposal, made in connection with an amendment proposal, for development that: (a) is required by this Act to be carried out under a development permit; and (b) is proposed to be carried out in accordance with a planning scheme as amended under this Part.

30A Planning adviser The Minister must appoint a public sector employee to be a planning adviser for this Part.

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30B Meeting with planning adviser required before making (1) After meeting with a planning adviser, either of the following persons is entitled to make a concurrent application: (a) the owner of land to which the application relates; (b) a person authorised by the owner of that land to make the (2) A person who intends to make a concurrent application must lodge with the Agency a notice, in the approved form, requesting a meeting with a planning adviser. (3) As soon as practicable after the notice is lodged, a planning adviser must arrange to hold a meeting with the person about the (4) The purpose of the meeting is to enable the planning adviser to give the person information and guidance relevant to the concurrent

30C Making concurrent application (1) A concurrent application must be: (a) made in the approved form to the Minister; and (b) accompanied by the prescribed fee. (2) The concurrent application may be made by electronic transmission in a way that is acceptable to the Minister but will not be considered by the Minister until the prescribed fee is paid. (3) The concurrent application must: (a) specify the details of the amendment proposal and development proposal; and (b) specify why a concurrent application is required for the development proposed to be carried out on the land to which the application relates (the land); and (c) include an assessment demonstrating how the development proposal will comply with the planning scheme that applies to the land if the scheme is amended as specified in the amendment proposal; and

Planning Act 1999 29 (d) include all of the information required by subsection (4) and the approved form. (4) The concurrent application must contain the following information (as applicable) in relation to each of the proposals comprised in the application: (a) an assessment demonstrating how the proposal will comply with any interim development control order applying to the land; (b) a statement specifying: (i) whether the proposal is required to be referred to the NT EPA under Part 4, Division 3 of the Environment Protection Act 2019; and (ii) whether the proposal has been referred to the NT EPA under Part 4, Division 3 of the Environment Protection Act 2019; (c) an assessment of the proposed amendment with respect to the matters to be considered by the Minister under section 30D(4A); (d) a description of the physical characteristics of the land and a detailed assessment demonstrating: (i) the land's suitability for the purpose of the proposal; and (ii) the effect of the proposal on the land and other land; (e) a statement specifying: (i) the public facilities or public open space available in the area in which the land is situated; and (ii) whether land for public facilities or public open space is to be provided by the applicant; and (iii) whether it is proposed that facilities or open space be developed by the applicant; (f) a statement specifying: (i) the public utilities or infrastructure provided in the area in which the land is situated; and (ii) any requirement for public facilities and services to be connected to the land; and

Planning Act 1999 30 (iii) whether public utilities or infrastructure are to be provided by the applicant; and (iv) whether land is to be provided by the applicant for the provision of public utilities or infrastructure; (g) an assessment of the potential impact on the existing and future amenity of the area in which the land is situated; (h) an assessment of the benefit or detriment to the public interest of the proposal; (ha) if the proposal relates to a subdivision or consolidation of land in a Restricted Water Extraction Area – the information required by section 14C(1) of the Water Act 1992; (i) if the proposal relates to a subdivision of land on which a building is situated – a report from a building certifier, as defined in section 4 of the Building Act 1993, as to whether the building will cease to comply with the Building Act 1993 if the subdivision were to proceed; (j) for the development of land proposed to be the scheme land of a proposed or existing scheme, or the development of existing scheme land – a plan in the approved form specifying: (i) information about any building that is, or will be, situated on the scheme land (including, for example, information about the structural integrity and fire safety of the building); and (ii) if any part of the development is subject to changes that are allowed by regulation – details about that part as required by regulation; and (iii) any other information prescribed by regulation about the

30D Consideration and initial decision by Minister (1) If, in the Minister's opinion, additional information is necessary to enable a proper consideration of the concurrent application, the Minister may require the applicant to provide the information.

Planning Act 1999 31 (2) If the applicant does not provide any additional information after being required to do so, or the Minister considers that additional information provided by the applicant is insufficient to enable a proper consideration of the concurrent application, the Minister: (a) may decide to reject the application without considering it further; and (b) as soon as practicable after making the decision – must give the applicant a notice of, and the reasons for, the decision. (3) If the Minister considers the development proposal in the concurrent application is a significant development proposal, the Minister may request the Commission to give the Minister a significant development report. (4) If the Minister requests a significant development report, the (a) defer consideration of the concurrent application; and (b) give the applicant a notice about the request to the Commission, stating that further consideration of the concurrent application is deferred until the significant development report has been given to the Minister. (4A) When considering a concurrent application, the Minister must also consider the following: (b) whether the proposed amendment, other than a proposed amendment to a strategic framework, is contrary to any strategic framework in the planning scheme; (e) the merits of the proposed amendment and whether the (f) any report received from the Commission under subsection (3); (g) any other matters the Minister considers appropriate. (5) As soon as practicable after considering the concurrent application and the matters referred to in subsection (4A), the Minister may decide to: (a) accept the application for exhibition; or

Planning Act 1999 32 (b) refuse to amend the planning scheme as specified in the amendment proposal. (6) If the Minister makes a decision under subsection (5)(a), the (a) give the applicant a written notice of the decision that specifies the exhibition period for the concurrent application; and (b) if a Division of the Development Consent Authority has not been established for the area of land to which the concurrent application relates – appoint a person, a Division or another body to be the consent authority for the concurrent application; and (c) give the consent authority a copy of: (i) the notice of the decision; and (ii) the concurrent application; and (iii) any significant development report given to the Minister as requested under subsection (3). (7) If the Minister makes a decision under subsection (5)(b): (a) the decision has the effect that the concurrent application lapses; and (b) the Minister must give the applicant a written notice of the decision that includes: (i) the reasons for the refusal to amend the planning scheme; and (ii) a statement that the concurrent application has lapsed.

30E Application of Division This Division applies if the Minister has decided under section 30D(5)(a) to accept a concurrent application for exhibition.

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30F Newspaper notice about concurrent application (1) The Minister must publish in a newspaper circulating in the Territory, or in the area where the land to which the concurrent application relates (the land) is situated, a notice containing the (a) a concurrent application is to be placed on exhibition; (b) each place where a notice of the details of the application is to be placed on exhibition; (c) the application is to be placed on exhibition for the exhibition period specified in the notice; (d) written submissions about the application may be made to the consent authority within the exhibition period; (e) a brief summary of the amendment proposal and development proposal, which must include the following (as applicable); (i) the lot number, Section number or Portion number of the land; (ii) the street address of the land; (iii) the current zone of the land or a statement that no zone is currently specified for the land; (iv) the zone proposed for the land. (2) During the exhibition period, the Minister must publish the notice a second time. (3) The exhibition period for a concurrent application is: (a) 28 days starting on the day the notice about the application is first published; or (b) if the Minister considers a longer period is required – the period determined by the Minister.

30G Exhibition of details of concurrent application (1) The Minister must place a notice of the details of the concurrent application in a prominent position at each place notified under section 30F(1)(b).

Planning Act 1999 34 (2) The notice must remain in place for the entire exhibition period.

30H Notice to local government council (1) If the concurrent application relates to land partly or entirely within a council area, the Minister must give the local government council for the council area a notice that includes: (a) the information contained in the notice published under section 30F(1); and (b) an invitation to the local government council to make a written submission under section 30M. (2) The notice must be given on or before the first day of the exhibition period for the concurrent application. (3) In response to the notice, the local government council may: (a) make a submission about the proposal under section 30M(1); or (b) give the consent authority advice or comment on the proposal under section 30M(4).

30J Signs on land to which concurrent application relates (1) Subject to subsection (4), on or before the first day of the exhibition period for the concurrent application the Minister must arrange for one or more signs, as the Minister considers appropriate, to be placed on or in the vicinity of the land to which the application relates (the land). (2) The signs must: (a) briefly describe the amendment proposal and development proposal in the concurrent application; and (b) specify the following details, as applicable: (i) the current zone of the land; (ii) that no zone is currently specified for the land; (iii) the zone proposed for the land; and (c) state that written submissions about the application may be made to the consent authority within the exhibition period; and (d) be placed on, or within a reasonable distance from, the road frontage of the land; and

Planning Act 1999 35 (e) be clearly legible to a person from the public road nearest to (3) A person must not remove a notice placed on land under subsection (1) until after the end of the exhibition period for the (3A) A person commits an offence if: (a) a sign is placed on land in accordance with this section; and (b) the person intentionally removes the sign; and (c) the removal occurred before the end of the period of exhibition for the concurrent application. Maximum penalty: 100 penalty units. (3B) Strict liability applies to subsection (3A)(a) and (c). (4) Subsection (1) does not apply if the Minister considers: (a) it is impracticable to comply with the subsection because of the location of the land or the number of parcels of land; and (b) it is reasonable to expect that all persons likely to be affected by the amendment proposal and development proposal in the concurrent application will receive sufficient notice of it by means of the notice published under section 30F(1). Division 4 Procedures and decisions relating to concurrent application placed on exhibition

30K Application of Division This Division applies only in relation to a concurrent application placed on exhibition under Division 3.

30L Consultation (1) The Minister may give the consent authority a written direction to carry out consultation about the concurrent application in addition to considering submissions and conducting a hearing under this Division. (2) The direction may specify the persons with whom, and the manner in which, the consultation is to be carried out.

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30M Submissions (1) A person or body may make a written submission to the consent authority about the following: (a) the amendment proposal; (b) the development proposal. (2) The submission must be in writing and lodged with the consent authority within the exhibition period. (3) To be received by the consent authority, a submission must: and of a body or group of persons, the representative. (4) A local government council may give the consent authority advice or comment on an application. (5) Any advice or comment given by a local government council is

30N Conducting hearing (1) If the consent authority receives any submissions about the concurrent application, it must: (a) conduct a hearing in relation to the submissions; and (b) invite each person and body who have made submissions to appear at a hearing and be heard in relation to the application. (2) The hearing must be conducted with the minimum of formality and in a manner that ensures procedural fairness.

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30P Preliminary decision about development proposal (1) As soon as practicable after the end of the exhibition period and (if applicable) after completing procedures for sections 30L and 30N, the consent authority must make a preliminary decision that, if the Minister were to approve the amendment proposal in the concurrent application, the authority would be likely to determine to: (a) consent to the development proposal under section 30W(1)(a) or (b); or (b) refuse to consent to the development proposal under section 30W(1)(c). (2) Before making the preliminary decision, the consent authority must take into account all of the following matters in relation to the concurrent application: (a) the planning scheme that applies to the land to which the application relates (the land); (b) the amendment proposal in the application; (c) any significant development report given to the consent authority under section 30D(6)(c)(iii); (d) any interim development control order in force for the land; (e) any environment protection objective, as defined in section 4(1) of the Waste Management and Pollution Control Act 1998, that is relevant to the land; (f) any information received as a result of consultations carried out, submissions received, or evidence given at a hearing; (g) a matter that the Minister has, under section 30ZC(1), directed the consent authority to consider in relation to concurrent applications generally; (i) the merits of the development proposal as demonstrated in the application; (j) the capability of the land to support the development proposal and the effect of the proposal on the land, and on other land, the physical characteristics of which may be affected by the proposal;

Planning Act 1999 38 (k) the public facilities or public open space available in the area in which the land is situated and any requirement for the facilities, or land suitable for public recreation, to be provided by the applicant; (l) the public utilities or infrastructure provided in the area in which the land is situated and any requirement for: (i) public facilities and services to be connected to the land; and (ii) facilities, infrastructure or land to be provided by the applicant; (m) the potential impact on the existing and future amenity of the (n) the public interest, including (if relevant) how the following matters are provided for in the application: (i) community safety through crime prevention principles in design; (ii) water safety; (iii) access for persons with disabilities; (na) if the development proposal relates to a subdivision or consolidation of land in a Restricted Water Extraction Area – whether the subdivision or consolidation complies with the restrictions of sections 14A and 14B of the Water Act 1992 and the requirements of section 14C(1) of that Act; (o) if the development proposal relates to a subdivision of land on which a building is, or will be, situated – whether the building complies, or will comply, with any requirements prescribed by regulation in relation to the building (including, for example, requirements about the structural integrity and fire safety of the building); (p) any potential impact on natural, social, cultural or heritage values (including, for example, the heritage significance of a heritage place or heritage object under the Heritage Act 2011); (q) any beneficial uses, quality standards, criteria, or objectives, (r) other matters the consent authority considers relevant.

Planning Act 1999 39 (2A) If a development proposal is required to be referred to the NT EPA consent authority must not make a preliminary decision under this section in relation to the development proposal unless: making of the preliminary decision. (3) If the consent authority considers additional information is necessary to enable it to make a preliminary decision, the authority may require the applicant to provide the information.

30Q Report to be given to Minister (1) After making a preliminary decision under section 30P(1), the consent authority must give the Minister a written report about the (2) The report must include the following: (a) the preliminary decision; (b) any submissions the consent authority received about the concurrent application; (c) information about any issues raised by submissions or during any consultation carried out by the authority; (d) information the authority considers the Minister should take into account before making an amendment decision for the (3) The Minister may request any other person or body to give the Minister a written report about matters relevant to the concurrent application or to anything mentioned in the consent authority's report.

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30R Amendment decision and effect of decision (1) The Minister must make an amendment decision for the concurrent application as soon as practicable after the Minister has considered the matters mentioned in section 30S. See section 30T(2) and (3) in relation to a concurrent application that is altered by the Minister. (2) An amendment decision is a decision to: (a) approve the amendment proposal: (i) as specified in the concurrent application; or (ii) as altered by the Minister under section 30T(1); or (b) refuse to approve the amendment proposal: (i) as specified in the concurrent application; or (ii) as altered by the Minister under section 30T(1). (3) An amendment decision approving the amendment proposal takes effect: (a) only if the consent authority consents to the development proposal under section 30W(1)(a) or (b) and, after the determination of any applications under Part 9, issues a development permit under section 54 for the proposal; and (b) if a development permit is issued – on the date on which the development permit is issued. (4) An amendment decision refusing to approve the amendment proposal has the effect that the concurrent application lapses.

30S Matters to be taken into account for amendment decision (1) In considering the amendment proposal in the concurrent application, the Minister must take into account all of the following matters in relation to the proposal: (a) the planning scheme that applies to the land to which the concurrent application relates (the land); (ab) whether the amendment proposal promotes the purpose and

Planning Act 1999 41 (ac) any strategic framework in the planning scheme that applies to the land; (b) the development proposal in the application; (c) any significant development report given to the Minister as requested under section 30D(3); (d) any interim development control order in force for the land; (e) any environment protection objective, as defined in section 4(1) of the Waste Management and Pollution Control Act 1998, that is relevant to the land; (f) any report given to the Minister under section 30Q; (h) the merits of the amendment proposal and whether the proposal is in the public interest; (i) the capability of the land to support the amendment proposal and the effect of the proposal on the land, and on other land, the physical characteristics of which may be affected by the proposal; (j) the public facilities or public open space available in the area in which the land is situated and the requirement, if any, for the facilities, or land suitable for public recreation, to be provided by the applicant; (k) the public utilities or infrastructure provided in the area in which the land is situated and any requirement for: (i) public facilities and services to be connected to the land; and (ii) facilities, infrastructure or land to be provided by the applicant; (l) the potential impact on the existing and future amenity of the (m) any potential impact on natural, social, cultural or heritage values (including, for example, the heritage significance of a heritage place or heritage object under the Heritage Act 2011); (n) any beneficial uses, quality standards, criteria or objectives (o) other matters the Minister considers relevant.

Planning Act 1999 42 (2) If an amendment proposal is required to be referred to the NT EPA Minister must not make an amendment decision under section 30R in relation to the amendment proposal unless: assessment is required – an environmental approval is

30T Alteration and exhibition of concurrent application (1) Before making an amendment decision for the concurrent application, the Minister may decide to alter the amendment (2) If the Minister decides to alter the substance of the amendment proposal and is satisfied the alteration is extensive or significant: (a) the Minister must give notice of the decision to the applicant and the consent authority; and (b) sections 30F to 30S apply in relation to the altered concurrent application as if it were the original concurrent application; and (c) all notices under sections 30F to 30J must specify that they relate to an altered amendment proposal. (3) If the Minister decides to alter the amendment proposal and is satisfied the alteration is not extensive or significant, or is merely to the format or style of the proposal, the Minister must make the amendment decision as soon as practicable after making the alteration.

30U Notice of amendment decision (1) If the Minister makes an amendment decision to approve an amendment proposal for the concurrent application, the Minister must give a written notice of the decision and the reasons for the decision to:

Planning Act 1999 43 (b) the consent authority. (2) The notice to the applicant must specify that: (a) the concurrent application is not determined by the amendment decision; and (b) the amendment decision will take effect: (i) only if the consent authority consents to the development proposal under section 30W(1)(a) or (b) and, after the determination of any applications under Part 9, issues a development permit under section 54 for the proposal; and (ii) if a development permit is issued – on the date on which it is issued. (3) If the Minister makes an amendment decision refusing to approve the amendment proposal in the concurrent application, the Minister must give a written notice of the decision to: (b) the consent authority; and (c) each person who made a submission about the application. (4) The notice must include: (a) the reasons for the amendment decision; and (b) a statement that the concurrent application has lapsed.

Division 5 Determination of development proposal and

30V Application of Division This Division applies if the consent authority is given a notice under section 30U(1) specifying that the Minister has approved an amendment proposal for a concurrent application.

30W Determination of development proposal (1) As soon as practicable after the consent authority is given the notice, it must determine to: (a) consent, either conditionally or unconditionally, to the development proposal in the concurrent application; or

Planning Act 1999 44 (b) alter the development proposal in the application in the manner it considers appropriate and consent, either conditionally or unconditionally, to the development proposal as altered; or (c) refuse to consent to the development proposal in the (2) Before making the determination, the consent authority must take into account: (a) the matters included in the authority's report given to the Minister under section 30Q(1); and (b) any alteration the Minister has made under section 30T(1) to the amendment proposal in the concurrent application. (3) Subject to this section, the consent authority must not consent to a proposed development except in accordance with any planning scheme applicable to the development. (4) The consent authority may take into account the effect the proposed amendment would have on the planning scheme. (4A) The consent authority must refuse to consent to a development proposal for the subdivision or consolidation of land in a Restricted Water Extraction Area unless the application complies with the restrictions of sections 14A and 14B of the Water Act 1992 and the (5) The Minister may consent to a proposed development despite it being contrary to any strategic framework in the planning scheme applicable to the development. (6) The Minister may give the Development Consent Authority approval to consent to a proposed development despite it being contrary to any strategic framework in the planning scheme applicable to the (7) The Minister's approval may be obtained by written request setting out the Development Consent Authority's reasons for the request. (8) The Development Consent Authority is taken to have the Minister's approval if the Minister does not respond in writing to the request within 14 days after receiving the request.

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30Y Notice of consent (1) This section applies in relation to a concurrent application if the consent authority determines under section 30W(1)(a) or (b) to consent to the development proposal. (2) As soon as practicable after determining the development proposal and issuing a development permit under section 54(1), the consent authority must serve a notice of consent on: (b) any person (including a local government council) who made a submission about the development proposal under section 30M. (3) The notice of consent must be in the approved form, containing the (a) the determination of the development proposal and the reasons for the determination; (b) the amendment decision and the reasons for the decision; (c) details about the right of the applicant to apply for review of the determination of the development proposal under section 114. concurrent application relates, the consent authority must: (a) advise the local government council of the determination of the development proposal and the amendment decision; and (b) give the local government council a copy of the reasons for the determination and decision. (5) The consent authority must make a copy of the notice of consent available for inspection and purchase by the public.

30Z Notice of refusal (1) This section applies in relation to the concurrent application if the consent authority determines to refuse to consent to the development proposal under section 30W(1)(c). (2) As soon as practicable after determining the development proposal, the consent authority must serve a notice of refusal on:

Planning Act 1999 46 (b) any person (including a local government council) who made a submission about the concurrent application in accordance with section 30M. (3) The notice of refusal must be in the approved form, containing the (a) the determination of the development proposal and the reasons for the determination; (b) the amendment decision and the reasons for the decision; (c) details about the applicant's right to apply for review of the determination of the development proposal under section 111. concurrent application relates, the consent authority must: (a) advise the local government council of the determination of the development proposal and the amendment decision; and (b) give the local government council a copy of the reasons for the determination and decision. (5) The consent authority must make a copy of the notice of refusal available for inspection and purchase by the public. 30ZA Determination of concurrent application (1) This section applies if the development proposal in the concurrent application is determined: (a) by the consent authority under this Division; or (b) by the Tribunal under Part 9. (2) The determination of the development proposal has the effect of also determining the concurrent application. (3) If the determination of the development proposal is a refusal to consent to the proposal: (a) the concurrent application lapses; and (b) the amendment decision for the application does not take effect.

Planning Act 1999 47 30ZB Public notice about concurrent application after development permit issued (1) As soon as practicable after issuing a development permit under section 54 for a development proposal in a concurrent application, the consent authority must publish a notice in a newspaper circulating: (a) in the Territory; or (b) in the area where the development under the permit will be carried out. (2) The notice must contain the following information: (a) a statement that: (i) a concurrent application has been determined; and (ii) in relation to the application, the Minister has approved an amendment of a planning scheme; and (iii) the consent authority has issued a development permit for a development proposal in connection with that amendment; (b) a brief description of the planning scheme amendment and the development proposal; (c) a statement: (i) of the date on which the development permit was issued; and (ii) that the planning scheme amendment took effect on that date; (d) the place where copies of the following are available for inspection and purchase by the public: (i) the amendment decision for the concurrent application and the reasons for the decision; (ii) the determination of the development proposal in the application and the reasons for the determination.

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Division 6 Other matters 30ZC Minister may direct consent authority (1) The Minister may direct the consent authority generally in relation to a matter under this Part other than: (a) the making of a preliminary decision about a particular development proposal in a concurrent application; or (b) the determination of a particular development proposal in a (2) In the performance of its functions and exercise of its powers under this Part, the consent authority is subject to a direction under

31 Interim development control orders (1) If the Minister decides that an amendment to a planning scheme is to be made, the Minister may, subject to this section, by notice in the Gazette, make an interim development control order in respect of the land or part of the land to which it is proposed the amendment is to apply. (2) An interim development control order may declare that: (a) a specified provision of a planning scheme does not apply to all or part of the land to which the order relates; (b) development specified in the order in all or part of the land to which the order relates may proceed only with a permit granted under Part 5 by the consent authority specified in the order; or (c) specified types of development are prohibited, and while the order remains in force the provision does not apply, or development may only proceed or is prohibited, accordingly. (3) The Minister may, in an interim development control order, nominate himself or herself or a Division of the Development Consent Authority as the consent authority for the purposes of this section in respect of the order or development specified in the order.

Planning Act 1999 49 (4) An interim development control order takes effect on: (a) the date it is notified in the Gazette; or (b) if a later date is provided for in the order – that later date. (5) An interim development control order remains in force for 2 years or a lesser period specified in the order. (6) An interim development control order must not be made in respect of land within 3 months after the day on which a previous interim development control order affecting that land expires, except if it relates to a different matter to the order that has expired.

32 Inconsistencies with planning scheme (1) The Minister must not make an interim development control order that allows a development of land that, if the order had not been made, would not be lawful under the planning scheme relating to (2) Subject to subsection (1), if there is an inconsistency between an interim development control order and a planning scheme, the interim development control order prevails and the planning scheme, to the extent of the inconsistency, has no effect for the duration of the order. Part 4 Existing uses, existing buildings, existing works and permits Division 1 Existing uses, existing buildings and existing 33 Existing use, building and works (1) For this Part, a use of land is an existing use if the following (a) the use was being made immediately before the commencement of a planning scheme, or of an amendment of a planning scheme, relating to the land; (b) the use was lawful under this Act immediately before the commencement: (i) as a use permitted without the consent of a consent authority; or

Planning Act 1999 50 (ii) as a use permitted under a planning scheme only with the consent of the consent authority and to which the consent authority had consented; (c) the use would cease to be lawful after the commencement if not for this Part. (2) Also, a use of land is an existing use for this Part if it is permitted only in accordance with an exceptional development permit. (3) For this Part, a building is an existing building if the following (a) the building was in existence immediately before the commencement of a planning scheme, or of an amendment of a planning scheme, relating to the land on which the building is situated; (b) the building was lawful under this Act immediately before the commencement; (c) the building would cease to be lawful after the commencement if not for this Part. (4) For this Part, works are existing works if the following (a) the works had been carried out before, or were being carried out immediately before, the commencement of a planning scheme, or of an amendment of a planning scheme, relating to the land on which the works were, or were being, carried out; (b) the works were lawful under this Act immediately before the commencement; (c) the works would cease to be lawful after the commencement if not for this Part.

34 Existing use protected (1) Subject to subsection (2), a person does not contravene a planning scheme only by continuing an existing use after the commencement of a conflicting provision. (2) A person may continue an existing use only if: (a) the use is restricted to the part of the land on which the use was being made immediately before the commencement of the conflicting provision; and

Planning Act 1999 51 (b) the intensity of the use is not greater than the intensity of use immediately before the commencement of the conflicting provision. (3) In this section: conflicting provision means a provision of a planning scheme, or an amendment of a provision of a planning scheme, with which an existing use conflicts.

35 Existing works protected (1) A person does not contravene a planning scheme only by continuing existing works (whether or not to completion) after the commencement of a conflicting provision. (2) Existing works and any building constructed as part of those works may be used for the purpose for which they were constructed. (3) Sections 57 and 59 do not apply to a development permit that relates to existing works. conflicting provision means a provision of a planning scheme, or an amendment of a provision of a planning scheme, with which existing works conflict.

36 Repairs and maintenance of existing building or works permitted A person does not contravene the development provisions by carrying out work to repair or maintain an existing building or existing works.

37 Abandonment of existing use (1) If a person discontinues an existing use of land for a continuous period of not less than 12 months, or a longer period as determined by the Minister, the person is conclusively presumed to have abandoned that use. (2) Within 12 months after an existing use of land is discontinued, an owner of the land or a person authorised in writing by the owner may apply to the Minister in writing for an extension of the period referred to in subsection (1).

Planning Act 1999 52 (3) The Minister may determine the application by extending or refusing to extend the period during which the existing use may be discontinued without a person being conclusively presumed to have abandoned the use.

37A Application for certificate (1) An owner of land may apply to the consent authority for a certificate certifying the extent to which: (a) a current use of the land is an existing use; and (b) a building or work is an existing building or existing work.

37B Decision to issue certificate (1) After considering an application under section 37A, the consent authority must: (a) issue the certificate; or (b) refuse to issue the certificate. (2) The consent authority may: (a) describe, in the certificate, the nature and extent of the existing use, existing building or existing work; and (b) make the certificate subject to terms and conditions; and (c) provide for exceptions or limitations on the certificate. (3) If the consent authority refuses to issue the certificate, it must give the applicant notice of the decision with reasons for the refusal. (4) A certificate issued under this section is evidence of the facts certified as at the date specified in the certificate.

38 Application for permit or variation of permit (1) A person may apply to the Minister for the grant of an exceptional

Planning Act 1999 53 (2) An exceptional development permit may permit any of the following in relation to land: (a) a development or use of the land, although the development or use would otherwise not be lawful under the relevant planning scheme; (b) a development or use of the land in substitution for an existing use, although the development or use would otherwise not be lawful under the relevant planning scheme; (c) a modification or alteration of an existing building or existing works that would have a result other than as referred to in section 43B(1) or (2); (d) the demolition and reconstruction of an existing building that is used for an existing use of the land. (3) The owner of the land to which an exceptional development permit relates may apply for a variation of the permit. (4) An application under this section must be in the approved form containing the applicant's proposal and accompanied by the prescribed fee. (5) An application under this section that relates to a subdivision or consolidation of land in a Restricted Water Extraction Area must be accompanied by the information required by section 14C(1) of the Water Act 1992.

39 Decision on receipt of application (1) After receiving an application under section 38, the Minister may decide: (a) to place the proposal in the application on exhibition; (b) if the proposal in the application is for a variation of a permit – that the proposal is not so significant as to require exhibition; or (c) to refuse to grant or vary the exceptional development permit without placing the proposal in the application on exhibition. (2) As soon as reasonably practicable after deciding to place a proposal on exhibition or to refuse to grant or vary the permit, the Minister must give the applicant written notice of the decision. (3) If the Minister decides to place a proposal on exhibition, Part 2, Divisions 3, 4 and 5 apply in relation to the proposal.

Planning Act 1999 54

40 Grant or variation of permit or refusal to grant or vary (1) The Minister must not grant an exceptional development permit for a proposal relating to a development or use referred to in section 38(2)(a) unless the Minister is satisfied it is preferable to issue the permit than to amend the relevant planning scheme. (2) Subject to subsection (1), if a proposal for the grant of an exceptional development permit has been on exhibition and the Minister has considered the matters referred to in section 26(2), the (a) grant a permit in accordance with the proposal; (b) alter the proposal and, if section 27(2) applies in relation to the altered proposal, place it on exhibition and take the further actions required by virtue of section 27(3); (c) alter the proposal and, if section 27(2) does not apply in relation to the altered proposal, grant a permit in accordance with the altered proposal; or (d) refuse to grant a permit. (3) If a proposal for a variation of an exceptional development permit has been on exhibition and the Minister has considered the matters referred to in section 26(2), the Minister must: (a) vary the permit in accordance with the proposal; (b) alter the proposal and, if section 27(2) applies in relation to the altered proposal, place it on exhibition and take the actions required by virtue of section 27(3); (c) alter the proposal and, if section 27(2) does not apply in relation to the altered proposal, vary the permit in accordance with the altered proposal; or (d) refuse to vary the permit. (4) If the Minister has decided under section 39 that a proposal to vary an exceptional development permit is not so significant as to require exhibition, the Minister must: (a) vary or refuse to vary the permit; or (b) alter the proposal and vary the permit in accordance with the altered proposal.

Planning Act 1999 55 (4A) The Minister must refuse to grant an exceptional development permit for the subdivision or consolidation of land in a Restricted Water Extraction Area unless the application complies with the restrictions of sections 14A and 14B of the Water Act 1992 and the (5) An exceptional development permit may be granted or varied subject to the conditions the Minister thinks fit and specifies in the permit or variation. (6) The Minister must publish a notice of a decision made under this section in a newspaper circulating in the Territory or in an area to which the decision relates. Note for subsection (6) (7) The notice must include the prescribed details.

41 Reasons for decision to be available to public The Minister must make available for purchase or inspection by the public a copy of the written reasons for a decision made under section 40.

42 Matters to be taken into account when making decision (1) In deciding whether to grant or vary an exceptional development permit under section 40, the Minister must take into account the matters specified in section 51(1)(d), (h), (j), (k), (m), (n), (p), (pa), (r), (s) and (t). (2) If a proposal relating to the development or use of land is required to be referred to the NT EPA under Part 4, Division 3 of the Environment Protection Act 2019, the Minister must not make a decision under section 40 in relation to the proposal unless:

Planning Act 1999 56

42A Duration of permit (1) Subject to this Part, an exceptional development permit remains in force during the base period of the permit and any extension of the base period under this section or section 42B. (2) An exceptional development permit does not lapse at the end of the base period but is automatically extended for another 2 years from the date on which it would otherwise lapse if: (a) works are substantially commenced in accordance with the permit within the base period; and (b) a consent is conditional on the carrying out of the works. (3) An exceptional development permit that relates to a plan of subdivision or consolidation does not lapse if, within the base period of the permit or any extension of that period under this section or section 42B, the plan of survey is approved under section 49(3) of the Licensed Surveyors Act 1983. (4) Subject to this Part, an exceptional development permit does not lapse if: (a) a development under the permit includes or consists of the establishment of, or a change in, a use; and (b) the use has commenced in accordance with the permit within the base period of the permit or any extension of that period under this section or section 42B.

42B Extension of period of permit (1) The owner of land to which an exceptional development permit applies, or a person authorised in writing by the owner, may apply to the Minister for an extension of the period of the permit. (2) An application under subsection (1) must: (a) be lodged before the permit lapses; and (b) be in the approved form; and (c) be accompanied by the prescribed fee. (3) On receipt of an application under subsection (1), the Minister may: (a) extend the period of the permit as the Minister thinks fit; or (b) refuse to extend the period of the permit.

Division 3 Alteration permits for existing buildings or existing works Planning Act 1999 57 (4) The Minister must give the applicant a statement of the reasons if the Minister: (a) extends the period for a period different from the one requested; or (b) refuses to extend the period of the permit. Division 3 Alteration permits for existing buildings or existing

43A Application for alteration permit (1) A person may apply to the consent authority for an alteration permit in relation to an existing building or existing works.

43B Issue or refusal to issue alteration permit (1) The consent authority may, in writing, issue an alteration permit if in the opinion of the consent authority: (a) the proposed alteration will not materially affect the amenity of adjoining or nearby land or premises; and (b) the alteration does not authorise a substantive change to the existing building or existing works. (2) Despite subsection (1), an alteration permit must not be issued if it will allow an increase in the number of dwellings capable of separate occupancy. (3) If the consent authority refuses to issue an alteration permit, the consent authority must give the applicant a statement of the reasons for the refusal. (4) For subsection (1)(b), a substantive change is: (a) a change that increases non-compliance with a measurable aspect of the development by more than 5%; or (b) if the change is not conveniently measurable – an alteration that materially changes the character of the existing building or existing works.

Planning Act 1999 58

43C Conditions may be placed on alteration permit and may be varied (1) The consent authority may impose on an alteration permit the conditions it thinks fit and specifies in the alteration permit. (2) The holder of the alteration permit may apply to the consent authority for a variation of the conditions of the permit. (3) The application must be in the approved form and accompanied by (4) The consent authority may vary the conditions of an alteration permit only if it is satisfied about the matters referred to in section 43B(1) and (2) in relation to the proposed variation. Division 4 Certification

43D Certification of compliance with exceptional development permit (1) A person may apply to the Minister for a certificate certifying the extent of compliance with the conditions of an exceptional (2) An application under subsection (1) must be in the approved form (3) After considering an application under this section, the Minister must issue a certificate that certifies the extent of compliance. (4) A certificate issued under this section is evidence of the facts certified as at the date specified in the certificate.

44 When development permit is required This Part applies in any of the following circumstances: (a) if a provision of a planning scheme allows development only with the consent of the consent authority; (b) if the proposed development is the subdivision or consolidation of land;

Planning Act 1999 59 (c) if an interim development control order allows development only with the consent of a consent authority.

45 When development permit taken to be issued If, after a planning scheme is made or amended under Part 2, a particular use of land is permitted only with the consent of the consent authority, a development permit consenting to that use is taken to have been issued if, immediately before the amendment: (a) the particular use was permitted on the land without the consent of the consent authority; and (b) that particular use was being made of the land.

46 Development applications (1) The owner of land, or a person authorised in writing by the owner, may apply to the consent authority for consent to carry out a development on the land. (2A) An application under subsection (1) may be made by electronic transmission in the prescribed manner but must not be considered by the consent authority until the prescribed fee is paid. (3) A development application is to contain the following: (aa) the name and contact details of: (i) the applicant and any person on whose behalf the application is made; and (ii) the owner of the land to which the application relates; and (iii) any person who entered into an agreement with a person referred to in subparagraph (i) or (ii) to acquire an estate or interest in the land to which the application relates; and (iv) any person with an interest prescribed by regulation; (a) an assessment demonstrating how the proposed development will comply with any planning scheme that applies to the land;

Planning Act 1999 60 (b) an assessment demonstrating how the proposed development will comply with an interim development control order, if any, applying to the land; (c) a statement specifying: (i) whether the proposed development is required to be referred to the NT EPA under Part 4, Division 3 of the Environment Protection Act 2019; and (ii) whether the proposed development has been referred to the NT EPA under Part 4, Division 3 of the Environment Protection Act 2019; (d) an assessment demonstrating the merits of the proposed development; (e) a description of the physical characteristics of the land and a detailed assessment demonstrating the land's suitability for the purposes of the proposed development and the effect of development on that land and other land; (f) a statement specifying the public facilities or public open space available in the area in which the land is situated, whether land for public facilities or public open space is to be provided by the developer and whether it is proposed that facilities or open space be developed by the developer; (g) a statement specifying the public utilities or infrastructure provided in the area in which the land is situated, the requirement for public facilities and services to be connected to the land and whether public utilities or infrastructure are to be provided by the developer or land is to be provided by the developer for the provision of public utilities or infrastructure; (h) an assessment of the potential impact on the existing and future amenity of the area in which the land is situated; (j) an assessment of the benefit or detriment to the public interest of the development; (ja) in the case of a proposed subdivision or consolidation of land in a Restricted Water Extraction Area – the information required by section 14C(1) of the Water Act 1992; (k) in the case of a proposed subdivision of land on which a building is situated – a report from a building certifier within the meaning of the Building Act 1993 as to whether the building will cease to comply with the Building Act 1993 if the proposed development were to proceed;

Planning Act 1999 61 (l) for the development of land proposed to be the scheme land of a proposed or existing scheme, or the development of existing scheme land – a plan in the approved form specifying: (i) any information about any building that is, or will be, situated on the scheme land (including, for example, information about the structural integrity and fire safety of the building); and (ii) if any part of the development is subject to changes that are allowed by regulation – details about that part as required by regulation; and (iii) any other information prescribed by regulation about the (3A) Despite subsection (3), the regulations may prescribe a class or classes of development applications that may contain only some of the reports or information specified in that subsection. (4) The consent authority may decide to do any of the following in relation to a development application: (a) if the application does not contain the information required by subsection (3) or (3A), as applicable – reject the application; (b) if the consent authority considers additional information is necessary to enable it to consider the application properly – require the applicant to provide the information; (c) if a proposal to amend a planning scheme has been placed on exhibition under Part 2, Division 3, and the consent authority is of the opinion that it should not determine the application until the Minister makes a decision about the proposal under section 25(2) – defer consideration and determination of the application under this Part until the decision is made; (d) if section 50C applies in relation to the development proposed in the application – defer consideration and determination of the application under this Part until the relevant procedures under that section have been completed. (5) The consent authority must notify the applicant in writing of a decision under subsection (4). (6) An applicant must provide the information required by the consent authority under subsection (4)(b) within 30 days of receiving the request or any longer period the consent authority may allow.

Planning Act 1999 62 (7) The applicant may, in writing, request the consent authority to extend the time to provide the information required under subsection (4)(b) if: (a) the request is supported by reasons justifying the extension; and (b) the application has not been rejected under subsection (9). (8) If the consent authority refuses a request under subsection (7) to extend the time to provide the required information, it must give the applicant notice of the decision setting out the reasons for the refusal. (9) The consent authority may reject an application if the applicant does not provide the information within 30 days of receiving the request or any longer period extended by the consent authority. Division 2 Development applications – notification and consultation

47 Public notice of development application (1) Subject to sections 47A and 47B, before the consent authority determines a development application it must: (a) give public notice of the application; or (b) require, by written direction, the applicant to give public notice of the application. (2) The notice must be given in the prescribed manner and form and must include: (a) a statement that a development application has been made to the consent authority; and (b) the details of the application; and (c) an invitation to members of the public to make written submissions about the application within the period specified in the notice; and (d) any other information required by the Regulations. (4) The consent authority may charge the applicant the reasonable costs of giving notice of an application under this section and sections 47B, 48 and 48A.

Planning Act 1999 63 (5) The minimum submission period for development applications requiring public notice is: (a) for a development or class of developments prescribed by regulation – 28 days; or (b) for any other development – 14 days. Note for subsection (5) See sections 48(1A) and 48A(2A) for minimum submission periods for development applications requiring no or limited public notice. (6) The minimum submission period is calculated from the later of: (a) the day written notice is given; and (b) the day any sign is posted. (7) The consent authority must make copies of the development application available to the public.

47A Development application requiring no public notice No public notice is required for a development application solely for consent to: (a) carry out the consolidation of land; or (b) subdivide land under the Unit Titles Act 1975 or the Unit Title Schemes Act 2009, other than to subdivide vacant land.

47B Development application requiring limited or no notice (1) Written notice of the following development applications must be given in accordance with this section: (a) a development application solely for consent to use or develop land to accommodate people requiring privacy, as prescribed by regulation; (b) a development application solely for consent to carry out a use or development that will not have a significant effect on the existing and future amenity of the locality, as prescribed by regulation. (2) The consent authority, or the applicant if so required in writing by the consent authority, must give the notice to any person or class of person prescribed by regulation, unless the development application includes the written consent, in the approved form, of the persons and classes of persons as prescribed.

Planning Act 1999 64 (3) The notice must include the information specified in section 47(2). (4) For subsection (3), the minimum submission period that may be specified in the notice, under section 47(2)(c), is 7 days.

48 Notice to local government council of development application (1) If a development application relates to land within the council area of a local government council, the consent authority must give the local government council a written notice that includes: (a) a statement that a development application has been made to the consent authority; and (b) the details of the application; and (c) an invitation to the local government council to make a submission about the application within the submission period specified in the notice. (1A) If public notice is not required under section 47, the minimum submission period that may be specified in the notice is 7 days. (2) In response to the notice, the local government council may: (a) make a submission about the proposal under section 49(3); or (b) give the consent authority advice or comment on the proposal under section 49(6). (3) Written notice is not required if a development application includes the approved form completed by the applicable local government council.

48A Notice to service authority of development application (1) The consent authority may give written notice of a development application to any service authority the consent authority considers appropriate. (2) Any notice to a service authority must include an invitation to the service authority to provide written advice or comment about the application within the submission period specified in the notice. (2A) If public notice is not required under section 47, the minimum submission period that may be specified in the notice is 7 days. (3) The consent authority may, on request from a service authority, extend the submission period to provide the advice specified in the

Planning Act 1999 65 (4) The consent authority must give the applicant written notice of any extension under subsection (3). (5) Written notice is not required if a development application includes the approved form completed by the applicable service authority.

49 Submissions (1) Any person may make a written submission to the consent authority about a development application to which section 47 applies within the submission period specified in the public notice about the (2) A person given notice under section 47B about a development application may make a written submission to the consent authority about the application within the submission period specified in the (3) A local government council given notice under section 48 about a development application may make a written submission to the consent authority about the application within the submission period specified in the notice. (4) The submission must be in writing and lodged with the consent authority within the submission period. (5) To be received by the consent authority, a submission must: and of a body or group, the representative. (6) A local government council may, within the submission period, give the consent authority advice or comment on an application. (7) Any advice or comment given by a local government council is

Planning Act 1999 66 (8) A person or local government council may request the consent authority to extend a submission period referred to in subsection (4) or (6) or both, if the request is supported by reasons justifying the extension. (8A) The consent authority may, on request, extend a submission period referred to in subsection (4) or (6) or both, if satisfied that: (a) the request is not frivolous or vexatious; and (b) the need for the extension is due to reasons outside the control of the person or local government council making the request; and (c) the extension is justified by special circumstances. (8B) The extension of the submission period may not exceed 7 days unless a longer period is justified by exceptional circumstances. (9) The consent authority must give the applicant written notice of any extension under subsection (8).

50 Evidence and information (1) If a natural person or body corporate makes a submission in accordance with section 49(1) or (2), the consent authority may invite the person or a representative of the body to appear before it and give evidence in relation to the development application. (2) If a local government council makes a submission in accordance with section 49(3), the consent authority must invite a representative of the council to appear before it and give evidence in relation to the development application. (3) If the Minister is the consent authority in relation to the land or development to which a submission relates, the Minister may appoint a person or body to receive information from the relevant person or representative mentioned in subsection (1) or (2). (4) If appropriate, a person or body appointed under subsection (3) may receive information by telephone or other electronic means. (5) The consent authority may adopt or reject any advice or comment it receives from a service authority under section 48A(2) or a local government council under section 49(6).

Division 2A Development application relating to significant development proposal Planning Act 1999 67 Division 2A Development application relating to significant development proposal 50A Significant development proposal (1) A proposed development of land is a significant development proposal in relation to the land if the development, as proposed: (a) requires a development permit; and (b) may be significant to future land use and development in the Territory. (2) A proposed development of land is taken to be significant to future land use and development in the Territory if any of the following (a) the carrying out of the development, or subsequent use of the land, may have a significant impact on any of the strategic planning mentioned in section 2A(2)(a) or (b); (b) the carrying out of the development, or subsequent use of the land, may have a significant impact on the natural environment or existing amenity of: (i) that land or adjoining land; or (ii) other areas of land; (c) another circumstance prescribed by regulation. (3) Without limiting subsection (2)(c), a regulation may prescribe a circumstance by reference to: (a) the type of development proposed; or (b) the extent of the possible impacts of the development, as proposed, on the natural environment or existing amenity of land.

50B Significant development report (1) A significant development report is a written report by the Commission in relation to a significant development proposal. (2) The Commission must give the report to the Minister as soon as practicable after it is requested by the Minister under subsection (5) or section 30D(3) or 50C.

Division 2A Development application relating to significant development proposal Planning Act 1999 68 (3) In considering a significant development proposal, the Commission must take into account the following: (a) the purpose and objectives of this Act; (b) any strategic framework in the planning scheme applicable to (3A) In its report, the Commission must identify and give advice about the possible effects of the proposal on future land use and development in the Territory. (4) Without limiting subsection (3)(b), the report may include advice about the following matters: (a) the strategic planning implications of the significant development proposal; (b) if appropriate – Crown land that may be suitable for the (5) The Minister may request the Commission to give a significant development report in relation to a significant development proposal even if a concurrent application or development application has not yet been made in relation to the proposal.

50C When significant development report may be requested (a) a consent authority considers that the proposed development described in a development application is a significant development proposal; and (b) the Commission has not given the Minister a significant development report in relation to the proposal. (2) If the consent authority is the Minister, he or she may request the Commission to give the Minister a significant development report in relation to the proposed development. (3) If the consent authority is the Development Consent Authority, it must give the development application to the Minister who must take action under subsection (4) or subsections (5) to (7). (4) If the Minister considers that the proposed development is not a significant development, the Minister must return the development application to the Development Consent Authority and direct the Authority to determine the application.

Planning Act 1999 69 (5) If the Minister considers that the proposed development is a significant development proposal, the Minister may: (a) direct the Development Consent Authority under section 85(3) that the Minister is the consent authority in relation to the development application; or (b) request the Commission to give the Minister a significant development report relating to the significant development (6) If the Minister takes action under subsection (5)(a), the Minister may, before determining the development application, request the Commission to give the Minister a significant development report in relation to the significant development proposal. (7) If the Minister takes action under subsection (5)(b), the Minister may, after considering the significant development report: (a) direct the Development Consent Authority under section 85(3) that the Minister is the consent authority in relation to the development application; or (b) give the report to the Development Consent Authority, together with the development application, and direct the Authority to determine the application.

50D Consideration of significant development report If a significant development report requested under section 50C is given to a consent authority in relation to a development application, the consent authority must take the report into account before determining the application.

51 Matters to be taken into account (1) A consent authority must, in considering a development application, take into account any of the following relevant to the development: (a) any planning scheme that applies to the land to which the application relates; (b) any proposed amendments to such a planning scheme: (i) that have been or are on exhibition under Part 2, Division 3;

Planning Act 1999 70 (ii) in respect of which a decision has not been made under Part 2, Division 5; and (iii) that are relevant to the development proposed in the development application; (c) an interim development control order, if any, in respect of the land to which the application relates; (d) an environment protection objective as defined in section 4(1) of the Waste Management and Pollution Control Act 1998 that is relevant to the land to which the application relates; (e) any submissions made under section 49, and any evidence or information received under section 50, in relation to the development application; (f) a matter that the Minister has, under section 85, directed it to consider in relation to development applications generally; (h) the merits of the proposed development as demonstrated in the application; (j) the capability of the land to which the proposed development relates to support the proposed development and the effect of the development on the land and on other land, the physical characteristics of which may be affected by the development; (k) the public facilities or public open space available in the area in which the land is situated and the requirement, if any, for the facilities, or land suitable for public recreation, to be provided by the developer; (m) the public utilities or infrastructure provided in the area in which the land is situated, the requirement for public facilities and services to be connected to the land and the requirement, if any, for those facilities, infrastructure or land to be provided by the developer for that purpose; (n) the potential impact on the existing and future amenity of the (p) the public interest, including (if relevant) how the following matters are provided for in the application: (i) community safety through crime prevention principles in design; (ii) water safety;

Planning Act 1999 71 (iii) access for persons with disabilities; (pa) for a proposed subdivision or consolidation of land in a Restricted Water Extraction Area – whether the subdivision or consolidation complies with the restrictions of sections 14A section 14C(1) of that Act; (q) for a proposed subdivision of land on which a building is, or will be, situated – whether the building complies, or will comply, with any requirements prescribed by regulation in relation to the building (including, for example, requirements about the structural integrity and fire safety of the building); (r) any potential impact on natural, social, cultural or heritage values, including, for example, the heritage significance of a heritage place or object under the Heritage Act 2011; (s) any beneficial uses, quality standards, criteria, or objectives, (t) other matters it thinks fit. (2) If a development proposal is required to be referred to the NT EPA consent authority must not make a decision under this Division in relation to a development application for the proposal unless: (3) When considering a development application under subsection (1), the consent authority must apply the relevant considerations to only those components of the development that triggered the requirement for consent under the planning scheme.

52 Limits on consent (1) The consent authority must not consent to a proposed development that is contrary to any interim development control order applicable to the development.

Planning Act 1999 72 (1A) The consent authority must not consent to a proposed development for the subdivision or consolidation of land in a Restricted Water Extraction Area unless the application complies with the restrictions of sections 14A and 14B of the Water Act 1992 and the (2) Subject to subsections (3) and (4), the consent authority must not consent to a proposed development except in accordance with any planning scheme applicable to the development. (3) The Minister may consent to a proposed development despite it being contrary to any strategic framework in the planning scheme applicable to the development. (4) The Minister may give the Development Consent Authority approval to consent to a proposed development despite it being contrary to any strategic framework in the planning scheme applicable to the (5) The Minister's approval may be obtained by written request setting out the Development Consent Authority's reasons for the request. (6) The Development Consent Authority is taken to have the Minister's approval if the Minister does not respond in writing to the request within 14 days after receiving the request.

53 Determination of development application As soon as practicable after considering a development application and the matters referred to in sections 51 and 52, the consent authority must determine to: (a) consent, either conditionally or unconditionally, to the proposed development; (b) alter the proposed development in the manner it thinks fit and consent, either conditionally or unconditionally, to the proposed development as altered; or (c) refuse to consent to the proposed development.

53B Notice of consent (1) This section applies in relation to a development application determined by the consent authority in accordance with section 53(a) or (b).

Planning Act 1999 73 (2) As soon as practicable after determining the development application and issuing a development permit under section 54(1), the consent authority must serve a notice of consent: (a) on the applicant; and (b) on any person (including a local government council) who made a submission in relation to the development application in accordance with section 49. (3) The notice of consent must be in the approved form, containing the (a) the determination of the consent authority; (b) the reasons for the determination; (c) particulars about the right of review under Part 9. determination relates, the consent authority must: (a) advise the local government council of the determination; and (b) provide the local government council with a copy of the reasons for the determination. (5) The consent authority must make available for inspection and purchase by the public a copy of the notice of consent.

53C Notice of refusal (1) As soon as practicable after a consent authority determines a development application in accordance with section 53(c), the consent authority must serve a notice of refusal: (a) on the applicant; and (b) on any person (including a local government council) who made a submission in relation to the development application in accordance with section 49. (2) The notice of refusal must be in the approved form, containing the (a) the determination of the consent authority; (b) the reasons for the determination; (c) particulars about the right of review under Part 9.

Planning Act 1999 74 (3) If there is a local government council for the land to which the development application relates, the consent authority must: (a) advise the local government council of the determination; and (b) provide the local government council with a copy of the reasons for the determination. (4) The consent authority must make available for inspection and purchase by the public a copy of the notice of refusal.

54 Development permit (1) Immediately after a consent authority determines a concurrent application to which section 30Y applies, or a development application to which section 53B applies, it must issue a development permit to the applicant. (3) A development permit must be in the approved form.

55 Conditions may be placed on permits A consent authority may impose on a development the conditions it thinks fit and specifies in the development permit, including a provision for the permit to lapse on a specified date.

56 Conditions may relate to stage of development A condition under section 55 may: (a) provide that the development is permitted in stages specified in the permit; (b) specify the conditions to be satisfied at the conclusion of a stage; and (c) specify that if a stage is completed in accordance with the conditions specified to relate to that stage, use may be made of the part of the development completed at that stage: (i) whether the stage completed relates to all or part of the area of land to which the permit relates; and (ii) although conditions relating to stages yet to be completed have not been complied with.

Division 3A Determination by Minister of application relating to significant development proposal Planning Act 1999 75

57 Variation of conditions of permit (1) The owner of land to which a development permit relates, or a person authorised by the owner, may at any time before the permit lapses apply to the consent authority for a variation of a condition of the permit. (3) The consent authority may, in writing, vary a condition of a development permit if: (a) the proposed variation will not materially affect the amenity of adjoining or nearby land or premises; and (b) the variation does not authorise a substantive change to the development approved by the development permit. (4) Despite subsection (3)(a), a permit must not be varied if it will allow an increase in the number of dwellings capable of separate occupancy. (5) If the consent authority refuses to vary a condition of a permit in accordance with an application, the consent authority must give to the applicant a statement of the consent authority's reasons for the refusal. (6) For subsection (3)(b), a substantive change is: (a) a change that increases non-compliance with a measurable aspect of the development permit by more than 5%; or (b) if the change is not conveniently measurable – a variation that materially changes the character of the development approved by the development permit. Division 3A Determination by Minister of application relating to significant development proposal

57A Application of Division This Division applies in relation to a development application for consent to carry out a development on land if: (a) the development is the subject of a significant development report; and

Planning Act 1999 76 (b) the Minister is the consent authority in relation to the application; and (c) the Minister makes a determination under Division 3 contrary to any of the advice included in the significant development report.

57B Reasons for determination and tabling in Legislative Assembly (1) The Minister must include in the reasons for the determination under section 53B(3) or 53C(2): (a) the details of the significant development report; and (b) the reasons why the advice in the report has not been followed. (2) The Minister must, within 6 sitting days of making the determination, table it in the Legislative Assembly.

58 Duration of permit (1) Subject to this Part, a development permit remains in force during the base period of the permit and, if the duration of a permit is extended under this section or section 59, the period of that extension. (2) If: (a) a consent is conditional on the carrying out of works; and (b) those works are substantially commenced in accordance with the permit within the base period of the development permit, the permit does not lapse at the end of the base period of the permit but instead is automatically extended for another 2 years from the date on which it would otherwise lapse. (3) A development permit that relates to a plan of subdivision or consolidation does not lapse if, within the base period of the permit or any extension of that period under this section or section 59, the plan of survey is approved under section 49(3) of the Licensed Surveyors Act 1983. (4) Subject to this Part, if a development under a development permit includes or consists of the establishment of or a change in a use, the development permit does not lapse if the use has commenced in accordance with the permit within the base period of the permit or

Planning Act 1999 77 any extension of that period under this section or section 59.

59 Extension of period of permit (1) The owner of land to which a development permit applies, or a person authorised in writing by the owner, may, at any time before the permit lapses, apply to the consent authority for an extension of the period of the permit. (3) On receipt of an application under subsection (1), the consent authority may: (a) extend the period of the permit as it thinks fit; or (b) refuse to extend the period of the permit. (4) If the consent authority makes a determination under subsection (3) other than in accordance with an application, it must give to the applicant a statement of its reasons.

59A Lapse of permit on abandonment of permitted use (1) This section applies in relation to the following development permits: (a) a development permit taken to be in force by virtue of section 45; (b) a development permit that remains in force by virtue of section 58(4). (2) If a person discontinues a permitted use for a continuous period of not less than 12 months, the person is conclusively presumed to have abandoned the permitted use and the development permit is taken to have lapsed. (3) Within 12 months after a permitted use is discontinued, an owner of the land or a person authorised in writing by the owner may apply to the consent authority in writing for an extension of the period referred to in subsection (2). (4) The consent authority may determine the application by extending or refusing to extend the period during which the permitted use may be discontinued without a person being conclusively presumed to have abandoned the use.

Planning Act 1999 78 (5) In this section: permitted use means a use of land that is taken to be permitted by a development permit referred to in subsection (1)(a) or is permitted by a development permit referred to in subsection (1)(b).

60 Planning scheme may require consultation or agreement (1) In this section, referral authority means: (a) a statutory corporation; (b) a body corporate; (c) the holder of a statutory office under a law of the Territory or the Commonwealth; (d) an Agency; or (e) a local government council or a minister, that or who is specified in a planning scheme for the purposes of this section. (2) A planning scheme may specify that a consent authority must not consent to a development taking place unless it has consulted with, or obtained the agreement of, a referral authority. (3) If a planning scheme specifies that the agreement of a referral authority must be obtained before the consent authority consents to a development taking place, the planning scheme must specify the matters that the referral authority must take into account in considering whether to agree. (4) A referral authority may, by notice in writing to the consent authority, specify circumstances in which the consultation or agreement required by a planning scheme may be assumed to have taken place or been given. (5) A consent authority must not consent to a development unless: (a) if a planning scheme requires the consent authority to consult with a referral authority before consenting: (i) the consent authority has consulted with the referral authority; or

Planning Act 1999 79 (ii) the circumstances in which the consultation required by the planning scheme may be assumed to have taken place exist in relation to the development application; or (b) if a planning scheme requires the consent authority to obtain the agreement of a referral authority before consenting: (i) the consent authority has obtained the agreement; or (ii) the circumstances in which the agreement may be assumed to have been given exist.

61 Subdivisions and consolidations of land (1) The subdivision or consolidation of land must be done in accordance with a plan of survey approved under section 49(3) of the Licensed Surveyors Act 1983. (a) the person intentionally subdivides or consolidates land; and (b) the subdivision or consolidation is not in accordance with a plan of survey approved under section 49(3) of the Licensed Surveyors Act 1983 and the person is reckless in relation to that result.

62 Surveyor-General can only approve survey if consent given (1) The Surveyor-General must not approve under section 49(3) of the Licensed Surveyors Act 1983 a plan of survey submitted under that section for a subdivision or consolidation of land unless satisfied that: (a) consent under this Part has been given for the subdivision or consolidation; and (b) if works are required under this Part to be carried out: (i) they have been carried out in accordance with the requirements of the consent authority; or (ii) security to the satisfaction of the consent authority has been given for the due completion of the works.

Planning Act 1999 80 (2) If land proposed to be subdivided is, or the land to be consolidated is to be, the subject of a lease from the Territory containing conditions in relation to the development, the security referred to in subsection (1) may, if the consent authority thinks fit, be the lease.

63 Purported subdivision or consolidation prohibited (1) A transaction purporting to subdivide or consolidate land must not contravene this Part. (1A) A person commits an offence if: (a) the person intentionally enters into a transaction; and (b) the transaction purports to subdivide or consolidate land and the person is reckless in relation to that circumstance; and (c) the purported subdivision or consolidation would contravene this Part and the person is reckless in relation that result. (2) A transaction purporting to subdivide or consolidate land in contravention of this Part is void.

64 Service easements (1) If a plan of survey approved under section 49(3) of the Licensed Surveyors Act 1983 for the subdivision or consolidation of land is lodged for registration, as a plan of subdivision, under section 51 of the Land Title Act 2000 with the Registrar-General and is registered: (a) all land shown on the plan of survey as a road, street, passage, court, alley, thoroughfare or cul-de-sac vests in fee simple in the Territory and vests, for the purpose specified in the plan of survey, in the service authority or local government council specified in the plan of survey under subsection (4); or (b) all land shown on the plan of survey as a square, park, water or drainage reserve, reserve or other similar open space vests in fee simple in the service authority or local government council specified in the plan of survey under subsection (4), by virtue of this section and without further assurance, freed and discharged of all interests, trusts, restrictions, dedications, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates of any kind.

Planning Act 1999 81 (2) If a plan of survey referred to in subsection (1) is registered under the Land Title Act 2000, the Registrar-General must make the entries that he or she thinks necessary for the purpose of recording in the land register kept under the Land Title Act 2000, in relation to the affected land: (a) that the plan of survey has been deposited and registered; or (b) the vesting of the land under subsection (1). (3) A road, street, passage, court, alley, thoroughfare or cul-de-sac vested under subsection (1) is a road within the meaning and for the purposes of the Control of Roads Act 1953 and the Local Government Act 2019. (4) A plan of survey referred to in subsection (1) may indicate that land delineated in it is subject to or intended to be subject to an easement or covenant in favour of a specified service authority or local government council. (5) If a plan of survey referred to in subsection (1) indicates an intended easement or covenant in favour of a specified service authority or local government council and describes it by a description specified in the Schedule or in a regulation made for the purposes of this section then, on the registration of the plan of subdivision under the Land Title Act 2000: (a) the intended easement or covenant is to be an easement or covenant although it may be an easement in gross or a covenant in gross; and (b) without limiting the power that it may have under any other law in force in the Territory, the service authority or local government council: (i) is to have the use and benefit of the easement or covenant for the purposes; and (ii) has for itself and its agents, servants and workmen all the powers, specified in Schedule 3 to the Law of Property Act 2000 or that regulation, as the case may be, in relation to that easement or covenant. (6) If, by virtue of this section, land is the subject of an easement or covenant, the Registrar-General must make the entries in relation to the land in the land register kept under the Land Title Act 2000 that he or she thinks necessary to evidence the easement or covenant.

Planning Act 1999 82 (7) If: (a) a pipe, duct, wire, pole or other thing that is attached to or constructed on, under or above the surface of, land is, by virtue of this section, subject to an easement; and (b) it was attached to the land or constructed for or in relation to a purpose described in the Schedule or a regulation made for the purposes of this section, it is not to be taken to be a fixture to the land for the purpose of giving the proprietor of the land a proprietary interest in it. (8) A service authority or local government council that is the proprietor of an easement referred to in this section may allow any other person, himself or herself or by his or her employees, agents or workers, to enter on and do anything on the land subject to the easement that the proprietor of the easement can do as the proprietor. (9) A proprietor of land on which is located an easement referred to in this section must not hinder or obstruct a person entering on or doing anything on the land in pursuance of the authority of the service authority or local government council. (10) For the purposes of this section, service authority includes a person declared to be a service authority under subsection (11). (11) The Minister may, by notice in the Gazette, declare a person to be a service authority for the purposes of this section.

65 Certification of compliance with permit or Part (1) A person may apply to the consent authority for a certificate, in the approved form, certifying the extent of compliance with the (a) the conditions of a development permit; (b) the conditions of an alteration permit; (c) the requirements of this Part in relation to land.

Planning Act 1999 83 (3) After considering an application under this section, the consent authority must issue a certificate that certifies the extent of compliance. (4) A certificate issued under this section is prima facie evidence of the facts certified as at the date specified in the certificate.

66 Minister may revoke or modify permit (1) Subject to this section, the Minister may, by notice in the Gazette, revoke or modify a development permit. (2) The Minister must not revoke or modify a development permit unless the Minister has: (a) served notice in writing, in the approved form, on: (i) the owner or occupier of the land; or (ii) the person apparently using or developing the land, of the proposal to revoke or modify the permit; (b) required the Chair to carry out an inquiry under section 144; and (c) considered the report provided under section 144. (3) Before making its report, the Chair or person appointed under section 144(2) to conduct the inquiry must give the persons on whom the notice under subsection (2) was served an opportunity to be heard in relation to the proposed report. (4) As soon as practicable after receiving the report under section 144, the Minister must decide whether or not to revoke or modify the (5) The Minister must notify, in writing, the persons served with a notice under subsection (2)(a) of the decision made under subsection (4). (6) A person commits an offence if: (a) the person is served with a notice under subsection (2)(a); and (b) the person intentionally continues to use or develop the land; and

Planning Act 1999 84 (c) the use or development is only permitted under the permit referred to in the notice. Default penalty: 2 penalty units. (6A) Strict liability applies to subsection (6)(a) and (c). (6B) It is a defence to a prosecution for an offence against subsection (6) if: (a) the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence; or (b) the conduct occurred after the person received a notice under subsection (5) that the Minister decided not to revoke or modify the permit. (7) A person commits an offence if: (a) a permit is modified under subsection (4); and (b) the person is served with a notice under subsection (5) that the permit was modified; and (c) the person intentionally continues to use or develop the land; and (d) the use or development is not permitted under the permit as modified. (7A) Strict liability applies to subsection (7)(a), (b) and (d). (7B) It is a defence to a prosecution for an offence against subsection (7) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence. (8) After receiving notice under subsection (6) that the Minister has decided not to revoke or modify a permit, an applicant may use or develop the land to which the permit relates, under and in accordance with the permit.

Planning Act 1999 85

67 Definition In this Part, infrastructure means prescribed capital works but does not include: (a) the repair or maintenance of capital works; (b) works required as a condition of a development permit to be carried out on the land to which the permit relates; or (c) the provision of public car parking.

68 Making contribution plans (1) A local government council or service authority may make a contribution plan in accordance with this section. (2) If a local government council or service authority proposes to make a contribution plan, it must notify the public of the following (a) that the proposed contribution plan will be exhibited; (b) the place where the proposed plan may be viewed; (c) that submissions may be made in relation to the plan. (3) The notice under subsection (2) must be published in a newspaper that: (a) in the case of a local government council – circulates in the council area in respect of the local government council; and (b) in the case of a service authority – circulates in the Territory. (4) The proposed contribution plan must be exhibited at the place specified in the notice for not less than 28 days. (5) After considering any submissions made in relation to the proposed contribution plan, the local government council or service authority may make the contribution plan as originally proposed or varied as it considers appropriate. (6) A contribution plan takes effect as follows: (a) if no date is specified in the Gazette notice – the date it is notified in the Gazette;

Planning Act 1999 86 (b) if a date is specified in the Gazette notice – the date specified in the notice. (7) A local government council and service authority must ensure that all contribution plans proposed or made by it are available for inspection and purchase by members of the public. (8) After 90 days from the date of the Gazette notice, a contribution plan cannot in any legal proceedings be declared to be of no effect by virtue only of a defect or irregularity in the procedure for making the plan.

69 Content of contribution plan (1) A contribution plan may specify that the owner of land on which a development of a type specified in the plan occurs will be required to contribute towards the provision of infrastructure or public car parking, as the case may be, in accordance with the plan. (2) A contribution plan that is made by a local government council applies only to land within the local government council's council (3) A contribution plan relates to the policy area specified in the plan, being land that can appropriately be treated as a discrete area for the provision of infrastructure or public car parking of the type specified in the plan because of: (a) the location of the land; (b) land uses in the area of land or other common identifiable characteristics; (c) the anticipated future development of the area of land; and (d) the infrastructure or public car parking that is or will be required on the area of land. (4) A contribution plan is to contain: (a) a description of the infrastructure or public car parking that is or will be required in the policy area specified in the plan; (b) a statement of the intended order in which works relating to the development of the infrastructure or public car parking are to occur; (c) an estimate of, and the method for calculating, the capital cost of works relating to each type of infrastructure or each public car park;

Planning Act 1999 87 (d) in relation to each type of infrastructure for which a contribution is required – a formula for calculating the contribution, determined having regard to prescribed types of information or estimations and descriptions or other information referred to in this section; (e) in relation to public car parking – a formula for calculating the contribution, determined having regard to: (i) the value of the land necessary for an off-street car park in the policy area; and (ii) the estimated cost of construction of public car parking spaces on that land, using the most appropriate or cost effective form of construction, whether ground level or multi-level and having regard to all the circumstances in the policy area; and (f) other prescribed information. (5) A formula referred to in subsection (4)(d) may relate to the (a) the intensity of a development; (b) the anticipated increased usage of proposed infrastructure as a consequence of a development of a particular type; (c) other factors specified in the contribution plan.

70 Contribution towards car parking (1) This section applies to a development in a policy area. (2) A planning scheme may require a particular type of development to provide for car parking as part of the development to meet the expected increased demand for car parking spaces in the policy area as a consequence of the development. (3) If a planning scheme requires a certain number of car parking spaces to be provided as part of a development, the consent authority may determine, as a condition of the development permit, that a different number of car parking spaces may be provided or no car parking spaces need be provided. (4) The consent authority must not make such a determination unless: (a) it has considered all the circumstances of the particular case; and

Planning Act 1999 88 (b) it is satisfied the intent of the planning scheme will still be fulfilled. (5) If a condition of a development permit requires a certain number of car parking spaces to be provided as part of the development, the permit may include a condition that a contribution may be paid to the local government council for the policy area instead of providing a specified number of those parking spaces. (6) The contribution payable to the local government council must be calculated in accordance with section 71.

71 Contribution payable (1) The requirement to pay a contribution is taken to be a condition of the development permit in respect of which the contribution is payable and, subject to subsection (7), the contribution is payable in accordance with this Part by the owner of the land to which the permit relates. (1A) The owner's contribution for infrastructure or car parking in the plan: (a) is calculated as part or all of the total cost of the infrastructure or car parking; and (b) is proportional to the anticipated future use of the infrastructure or car parking attributable to the development of Note for subsection (1A)(a) The total cost would include all costs, whether incurred before or after the contribution plan is made. (1B) For subsection (1A)(a), the total cost of infrastructure or car parking in the plan must be calculated by reference to the most appropriate and cost-effective form of construction. (2) A contribution to be provided in accordance with this Part is payable: (a) if the development consists only of a change in the use to which the land may be put – before the commencement of the new use; (b) if it is a condition of a development permit relating to the development that, at the completion of each specified stage of the development, a specified number of car parking spaces are to be provided or a proportion of the total contribution as assessed by the local government council in accordance with the contribution plan is to be payable – at the completion of

Planning Act 1999 89 each stage and before commencement of the use of that part of the development in accordance with the conditions of the permit; (c) if a time for payment is specified in a written agreement with the person who is required to provide the contribution – at that time; or (d) in a case to which paragraph (a), (b) or (c) does not apply – on completion of the development and before commencement of the use to which the development relates. (3) A local government council or service authority may, by notice in writing to the owner of land to which a contribution plan made by the council or the authority applies, demand that the owner pay the contribution assessed in accordance with the plan in respect of a development on the land. (4) A demand may only be made under subsection (3) if the amount, or part of the amount, has become payable under subsection (2). (5) If a demand for contribution is made under subsection (3) to an owner of land, he or she must pay the amount specified in the notice in accordance with the terms of the notice. (6) If a demand for contribution is made under subsection (3) to an owner of land in relation to development on that land, the balance from time to time outstanding of the amount demanded is an overriding statutory charge, within the meaning of the Land Title Act 2000, on the land. (7) If a declaration has been made under section 73 or an order has been made under section 125(6) or 130(5), this section applies with the necessary changes in relation to the payment of an amount of contribution to which the declaration or order relates. (8) The amount of any money spent by an owner of land in constructing infrastructure required under this Part is to be set-off against the contribution payable by the owner under this Part, but is not to exceed the amount of the contribution payable.

72 Duties of local government council and service authority (1) A local government council and service authority to which money is paid in accordance with this Part must: (a) maintain for each contribution plan an account to provide the infrastructure or car parking spaces; and

Planning Act 1999 90 (b) pay money received by it in accordance with this Part into the account; and (c) within a reasonable time, use the money to provide for, or reimburse its costs in previously providing, the infrastructure or car parking for which the contribution was provided. (2) In the case of a local government council, the account referred to in subsection (1)(a) must be an authorised deposit account as defined in the Local Government Act 2019.

73 Discount, interest rate etc. (1) A local government council or service authority may declare: (a) that a discount is to be given for the prompt payment, or the payment in advance, of a contribution payable under this Part; (b) the rate or rates of a discount referred to in paragraph (a) and the circumstances in which it is to be given; (c) the rate of interest payable on a contribution or part of a contribution if, in each case, the contribution is paid late; or (d) that a refund or remittance of all or part of a contribution otherwise payable is to be made in the special circumstances of a particular case. (1A) The declaration under subsection (1) must be: (a) in the case of a body corporate – in the form of a resolution; or (b) in any other case – in the manner and form prescribed by regulation. (2) The interest payable under subsection (1)(c) is to be: (a) calculated on the amount outstanding from time to time on a monthly basis until the contribution is paid in full; and (b) not more than: (i) the prescribed rate of interest; or (ii) in the case of a local government council – the rate of interest payable to it on rates payable under the Local Government Act 2019 but not paid when due and payable.

Planning Act 1999 91 (3) A person may apply to the local government council or service authority for a refund or remittance, in the special circumstances of the person, of all or part of a contribution otherwise payable by the person under this Part.

74 Enforcement of contribution plan If a contribution is to be paid to a local government council or service authority under this Part, it may: (a) if it is the Territory – take proceedings to recover the contribution; and (b) if it is a local government council or a statutory corporation – in its own name take proceedings to recover the contribution; and (c) if it is a minister – in the name of the Territory take proceedings to recover the contribution.

75 Use or development contravenes planning scheme (1) Land must not be used or developed in contravention of the planning scheme that applies to the land, except in accordance with a permit. (b) the use or development contravenes the planning scheme that applies to the land and the person is reckless in relation to that result. subsection (2) if the use or development is in accordance with a

Planning Act 1999 92

75A Use or development contravenes interim development control order (1) Land must not be used or developed in contravention of an interim development control order, except in accordance with a permit in force immediately before the order was made. (b) the use or development contravenes an interim development control order and the person is reckless in relation to that result. subsection (2) if the use or development is in accordance with a permit that was in force immediately before the order was made.

75B Use or development contravenes permit (1) A person must not use or develop land in a manner that is only permitted in accordance with a permit: (a) except in accordance with the permit; and (b) subject to section 56(c), until all the conditions of the permit that must be complied with before the use is permitted have been complied with. (b) the use and development is only permitted in accordance with a permit; and (c) the use or development is not in accordance with the permit and the person is reckless in relation to that result.

Planning Act 1999 93