5Meaning of subdivision

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).