Lake Bennett (Land Title) Act 2005 (NT)
NORTHERN TERRITORY OF AUSTRALIA
Lake Bennett (Land Title) Act 2005
As in force at 1 October 2019
northern territory of australia
As in force at 1 October 2019
Lake Bennett (Land Title) Act 2005
An Act about the rights and interests of persons in certain land in the Lake Bennett locality
This Act may be cited as the
This Act comes into operation on the date fixed by the Administrator by notice in the
This Act applies despite any other Act or law to the contrary.
The object of this Act is to facilitate the preparation and registration of instruments relating to lots in the Lake Bennett locality in accordance with the terms of compromise submitted by the Territory to the registered proprietors of the lots.
In this Act, unless the contrary intention appears:
(a) sections 92 to 97 (inclusive);
(b) sections 99 to 110 (inclusive).
If an expression used in this Act is defined in the
(1) The Minister must prepare the instruments necessary to achieve the object of this Act.
(2) Subsection (1) is not limited by another provision of this Part.
An instrument prepared under this Act is validly executed if signed by the Minister in the place of a person who would otherwise be required to sign it for registration.
(1) The Lake Bennett plan of subdivision is plan of subdivision No. S2004/153 of the Lake Bennett lots prepared for this Act.
(2) The plan of subdivision creates sections 1252 to 1255 (inclusive).
(1) The Lake Bennett units plan is the units plan of created section 1252 that is prepared for this Act and identified as such by certificate of the Registrar-General.
(2) The units plan creates:
(a) a lot (a
new unit ) for each existing unit;(b) a lot for the development area; and
(c) common property.
(3) The units plan must include a schedule of unit entitlements certified by a valuer.
(1) The Minister must prepare the following instruments of easement:
(a) an easement that benefits each of the adjoining lots and created section 1254 and burdens the common property easement area;
(b) an easement that benefits each of the adjoining lots, each of the lots in created section 1252, created section 1253 and created section 1255 and burdens created section 1254;
(c) an easement that benefits each of the adjoining lots, each of the lots in created section 1252 and created section 1254 and burdens created section 1255.
(2) The benefit and burden under the easement mentioned in subsection (1)(a) must be in the terms stated in Schedule 3.
(3) The benefit and burden under each of the other easements mentioned in subsection (1) must be in the terms stated in Schedule 4.
(1) The Minister must prepare instruments of easement that benefit created section 1252 and burden created section 1255.
(2) The benefit and burden under the easements must be in the terms stated in Schedule 3, Part B to the
Law of Property Act 2000 for providing sewerage, water supply and electricity to created section 1252.
(1) The Minister must, as soon as practicable after the commencement date, lodge the following instruments:
(a) the Lake Bennett plan of subdivision;
(b) the Lake Bennett units plan and schedule of unit entitlements certified by a valuer;
(c) the easements prepared under sections 11 and 12.
(2) On lodgment of the instruments, the Registrar-General must:
(a) cancel Units Plan 97/026;
(b) cancel the certificates as to title for the lots contained in the Lake Bennett lots;
(c) register the plan of subdivision;
(d) register the units plan and schedule of unit entitlements;
(e) register the extinguishment of the easements under section 14;
(f) issue new certificates as to title in accordance with section 15; and
(g) register the easements prepared under sections 11 and 12.
(3) Without limiting section 3, subsection (2) applies even if:
(a) the certificate as to title for a lot is not lodged with the plan of subdivision or units plan; or
(b) the holder of a registered interest in any of the lots has not consented to a cancellation, registration or issue of a certificate as to title under the subsection.
(4) On registration under subsection (2):
(a) the plan of subdivision is taken to have been registered under the
Land Title Act 2000 ;(b) the units plan is taken to have been registered under the
Real Property (Unit Titles) Act 1975 ; and(c) the easements are taken to have been registered under the
Land Title Act 2000 .
14 Recreational easements extinguished On lodgment of the instruments mentioned in section 13(1), each recreational easement is extinguished.
(1) The Registrar-General must issue certificates as to title for the created lots to the following persons as registered owners:
(a) for created section 1252 – the body corporate constituted under the
Unit Titles Act 1975 on registration of the Lake Bennett units plan;(b) for each new unit – the registered owner of the existing unit for which the new unit is created;
(c) for the development area – the registered owner of unit 108 on Units Plan 97/026;
(d) for created sections 1253 and 1255 – the registered owner of section 245 in the Hundred of Howard;
(e) for created section 1254 – the registered owner of section 106 in the Hundred of Howard.
(2) The certificate as to title for a lot:
(a) must be issued subject to the same registered instruments applying to the lot immediately before the registration date; and
(b) is taken to have been issued under:
(i) for a lot created by the Lake Bennett plan of subdivision – the
Land Title Act 2000 ; or(ii) for a lot created by the Lake Bennett units plan – the
Real Property (Unit Titles) Act 1975 .
(3) Subsection (2) has effect subject to sections 14 and 20.
(1) The land comprising created sections 1253 and 1255 must be in the same ownership.
(2) The Minister must, under section 35 of the
Land Title Act 2000 , lodge a memorandum for each of the lots for the restriction imposed under subsection (1).
The Registrar-General may, under the
(a) the documents mentioned in section 9B(d) of that Act so far as it relates to a building existing before the commencement date for which a building certificate within the meaning of section 21B of the
Unit Titles Act 1975 was not required; or(b) the documents mentioned in section 9B(e), (f) and (g) of that Act.
The lodging (whether before or after the commencement date) of any of the following documents over any of the lots to which this Act applies does not prevent the registration of an instrument affecting the lot that is prepared for this Act:
(a) a caveat;
(b) a request to register a court order or writ of execution;
(c) a statutory charge.
(1) The Planning Minister must amend the Northern Territory Planning Scheme by:
(a) revoking the part of the development provisions of the Northern Territory Planning Scheme known as the Lake Bennett Area Plan 2000; and
(b) making the development provisions for the Lake Bennett locality in Schedule 5.
(2) The Planning Minister must, as soon as practicable after the commencement date, publish notice in the
Gazette of the amendment.(3) On publication of the notice, the amendment is taken to have been made under the
Planning Act 1999 .
(1) On amendment of the Northern Territory Planning Scheme under section 19, each restrictive covenant is extinguished.
(2) The Registrar-General must register the extinguishment of the covenants.
(1) On registration of the Lake Bennett units plan, the Planning Minister must issue a development permit for the development area in the terms stated in Schedule 6.
(2) The development permit is taken to have been issued under the
Planning Act 1999 .
(1) This section applies if a building permit is required for building work for the construction of a complying pontoon on created section 1255.
(2) The approval of the owner of created section 1253 is not required for the issue of a building permit for the building work if the applicant for the permit is the owner of an adjoining lot, new unit or additional unit.
(3) In addition, the approval of the following persons under regulation 11(1)(b) of the
Building Regulations 1993 is not required for the issue of a building permit for the building work:(a) if the applicant for the building permit is the owner of an adjoining lot – the owners of the other adjoining lots and the owners of created section 1253, the new units and additional units;
(b) if the applicant for the building permit is the owner of created section 1253 – the owners of the adjoining lots, new units and additional units;
(c) if the applicant for the building permit is the owner of a new unit – the owners of the other new units and the owners of the adjoining lots, created section 1253 and additional units;
(d) if the applicant for the building permit is the owner of an additional unit – the owners of the other additional units and the owners of the adjoining lots, created section 1253 and new units.
23 Restriction on further development (1) A further development of created section 1254 or 1255 or the common property easement area is not permitted other than for:
(a) a complying pontoon; or
(b) development that is reasonably necessary for works associated with providing communications, electricity, water, sewerage or other services.
(2) The Planning Minister must, under section 35 of the
Land Title Act 2000 , lodge a memorandum for each of the lots for the restriction imposed under subsection (1).
A decision of the Minister, Planning Minister or Registrar-General under this Act in relation to an instrument prepared for this Act cannot be:
(a) challenged, reviewed, quashed or called into question on any grounds whatever before a court, tribunal, body or person in legal proceedings; or
(b) restrained, removed or otherwise affected by an injunction or a proceeding in the nature of prohibition or mandamus.
(1) An instrument prepared for this Act is exempt from:
(a) the payment of fees prescribed for lodgment of instruments with the Registrar-General; and
(b) stamp duty under the
Stamp Duty Act 1978 .
(2) Subsection (1) does not apply in relation to the preparation or registration of a units plan of subdivision for an additional unit.
(1) The Minister may, in writing, delegate to the Chief Executive Officer of the Agency administering this Act the Minister’s powers or functions under this Act.
(2) The Planning Minister may, in writing, delegate to the Chief Executive Officer of the Agency administering the
Planning Act 1999 the Planning Minister’s powers or functions under this Act.
(1) On the commencement date, the licence to take or use surface water under the
Water Act 1992 held by the resort owner is surrendered.(2) The Controller of Water Resources within the meaning of the
Water Act 1992 must issue a new licence to take or use surface water to the resort owner for 10 years.(3) The new licence must be subject to the terms and conditions decided by the Planning Minister.
(4) On its issue, the new licence is taken to have been issued under the
Water Act 1992 .(5) However, the Controller of Water Resources:
(a) must amend or modify the new licence or renewed licence in accordance with a direction of the Planning Minister; and
(b) may amend or modify the new licence or renewed licence only with the Planning Minister’s approval.
(6) In addition, a renewed licence must be subject to the terms and conditions decided by the Planning Minister.
(7) In this section:
renewed licence means:(a) a licence issued by way of renewal or replacement of the new licence; or
(b) a licence issued by way of renewal or replacement of a licence mentioned in paragraph (a).
28 Acquisition on just terms If, but for this section, property is acquired under this Act by the Territory other than on just terms:
(a) the person from whom the property is acquired is entitled to receive just compensation for the acquisition; and
(b) a court of competent jurisdiction may decide the amount of the compensation or make the orders necessary to ensure the compensation is on just terms.
29 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The Regulations may make provision about a matter for which:
(a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the object of this Act; and
(b) this Act does not make provision or sufficient provision.
(3) A regulation made under subsection (2):
(a) may provide for an exemption from compliance with a provision of another Act;
(b) may have retrospective operation to a date not earlier than the commencement date; and
(c) applies despite this or another Act to the contrary.
(4) The Regulations may:
(a) make different provision in relation to:
(i) different persons or matters; or
(ii) different classes of persons or matters; or
(b) apply differently by reference to stated exceptions or factors.
Part 5 Transitional matters for Lake Bennett (Land Title) Act 2005
(1) The body corporate constituted under the
Unit Titles Act 1975 under the name "The Proprietors – Units Plan No. 97/026" (theformer body corporate ) is continued in existence by the body corporate constituted under theUnit Titles Act 1975 on registration of the Lake Bennett units plan (thenew body corporate ).(2) Without limiting subsection (1):
(a) the assets and liabilities of the former body corporate immediately before the commencement date vest in the new body corporate;
(b) any contracts entered into by or on behalf of the former body corporate and all guarantees, undertakings and securities given by or on behalf of the former body corporate, in force immediately before the commencement date, are taken to have been entered into or given by or to the new body corporate and may be enforced against or by the new body corporate;
(c) a proceeding that could have been started or continued by or against the former body corporate before the commencement date may be started or continued by or against the new body corporate; and
(d) anything else done under the
Unit Titles Act 1975 by the former body corporate for the performance of its duties or functions, or the exercise of its powers, is taken to have been done by the new body corporate.
Schedule 1 Recreational easements section 5, definition of
recreational easement
Registered easement number |
366439 |
283686 |
281941 |
373401 |
279160 |
373401 |
372851 |
372851 |
284756 |
286904 |
307087 |
283681 |
281296 |
285776 |
269532 |
361510 |
284761 |
373401 |
369268 |
section 5, definition of
Registered restrictive covenant number |
283685 |
281940 |
279161 |
422801 |
423449 |
412614 |
284755 |
286905 |
307086 |
283680 |
281292 |
284215 |
269531 |
361509 |
257750 |
423451 |
section 11(2)
1. Each owner of the parcels of land receiving the benefit of the easement (
2. Each of the Owners for the Owner and the Owner’s successors in title covenants with the owner of the Common Property and its successors in title that the Owner and the Owner’s successors in title will not do or suffer anything to be done on the Common Property if the Common Property or service infrastructure may be damaged or polluted or the use of the Common Property either by the Owner of the Common Property its employees agents and all persons from time to time authorised by it or by any other person with a like right to use the Common Property may be prejudicially interfered with.
clause 1
section 11(3)
1. Each owner of the parcels of land receiving the benefit of the easement (
2. Each of the Owners have the right to leave a boat on the lake for use by the Owner and persons authorised by the Owner.
3. Each of the Owners (for so long as the Owner’s land adjoins Chinner Road or section 1255) have the right to leave a pontoon (including a ramp), on the lake for use by the Owner and persons authorised by the Owner, in accordance with the Northern Territory Planning Scheme as it applies to the Lake Bennett locality, subject to the prior written approval of the owner of the lake and foreshore (which must not be unreasonably withheld) as to the specifications, construction, mooring and location of the pontoon. The owner of the pontoon must maintain the area within 3 m from any point of the pontoon (including the ramp) clear of vegetation at all times and must obtain and maintain public liability insurance with respect to any damage associated with the pontoon.
4. Each of the Owners for the Owner and the Owner’s successors in title covenants with the owner of the lake and foreshore and its successors in title that the Owner and the Owner’s successors in title will not do or suffer anything to be done on the lake and foreshore if the lake and its retaining wall may be damaged or polluted or the use of the lake and foreshore either by the owner of the lake and foreshore its employees agents and all persons from time to time authorised by it or by any other persons with a like right to use the lake and foreshore may be prejudicially interfered with.
section 19
1 Contents of instrument
This instrument contains the development provisions that comprise the Planning Scheme as it applies to the Lake Bennett locality.
2 Definitions
In this instrument, unless the contrary intention appears:
(a) a vehicle, registered or eligible for registration, within the meaning of the
Motor Vehicles Act 1949 that is designed or adapted for human habitation; and(b) a tent.
(a) lopping a tree;
(b) harvesting native vegetation planted for that purpose;
(c) removal or destruction that occurs incidentally through the grazing of livestock; or
(d) clearing firebreaks, fence lines and roads.
(a) a horse or other equine animal;
(b) an ox, buffalo or other bovine animal;
(c) a camel.
(a) stairs, cleaners’ cupboards, ablution facilities, lift shafts, escalators or tea rooms if tea rooms are provided as a standard facility in the building;
(b) lobbies between lifts facing other lifts servicing the same floor;
(c) areas set aside as public space or thoroughfares and not used exclusively by the occupiers of the building;
(d) areas set aside as plant;
(e) areas set aside for use of service or delivery vehicles; or
(f) areas set aside for car parking or access.
(a) goods, services or products not provided, produced or sold; or
(b) events or activities that are not carried on,
on the land or in the building on which the sign is constructed or erected.
(a) between floor levels; or
(b) if there is no floor above – between the floor level and ceiling.
3 Land to which instrument applies
The development provisions contained in this instrument apply to the area of land shown bounded by a black line on the map attached to this instrument.
4 Exceptions
(1) Unless specified, this instrument does not prevent any of the following:
(a) the use or development of any land:
(i) as a road; or
(ii) for sport and recreation;
(b) the construction, alteration, repair or maintenance of any of the following:
(i) facilities for the reticulation of water, sewage, gas, electricity or the transmission of telecommunications services other than, subject to clause 23, towers, aerials or masts for mobile telephone communications;
(ii) stormwater drains;
(iii) roads;
(c) the strengthening or restoration to a safe condition of a building or works;
(d) the erection or display of a sign that is:
(i) a traffic control or driver advisory guide, service or similar device;
(ii) displayed by a government agency or local government council under a statutory obligation;
(iii) on enclosed land or within a building and not readily visible from land outside the enclosure or building;
(iv) of a temporary nature used to advertise property that is available for rent, lease, sale, auction or inspection;
(v) displayed on or inside a vehicle, other than a vehicle that is adapted and exhibited primarily as an advertising sign;
(vi) an interpretive sign used for describing sites or items of historical or educational significance; or
(vii) a public safety advisory sign displayed by a government agency or local government council;
(e) the use of land under an extractive mineral permit, or a mineral authority that corresponds to an extractive mineral permit, granted under the
Mineral Titles Act 2010 .
(2) In subclause (1):
sport and recreation does not include a use that involves commercial transactions, motor sports or activities that, because of the generation of noise or disturbance, will detrimentally affect the amenity of adjoining land.5 Permitted, discretionary and prohibited development
(1) A use or development of land is permitted without consent if expressly specified in a provision of this instrument and if it complies with the provisions of any relevant clause.
(2) A use or development of land that does not comply with the provisions of one or more of the relevant clauses requires consent.
(3) Except in relation to an ancillary use or development of land, in considering whether to grant consent to a proposed development, the consent authority must consider the proposed use or development in its entirety.
(4) The performance criteria in Part 3 are the minimum standard of development but the consent authority may:
(a) if it can be shown that there are special circumstances, consent to a use or development at variance with those standards; or
(b) in consenting to a use or development, if in the opinion of the consent authority it is necessary to do so, require a higher standard than specified by the performance criteria in Part 3.
(5) If a proposed use or development of land is not described in the specific land use controls in Part 2, the use or development is prohibited.
6 Ancillary development
(1) If a use or development of land is permitted without consent, an ancillary use or development that would require consent if proposed as the primary use or development, is also permitted without consent provided it complies with the provisions of any relevant clauses.
(2) If an ancillary use or development of land would be prohibited if proposed as the primary use or development, the ancillary use or development is permitted only with consent.
7 Planning principles and framework
A use or development or proposed use or development of land in the Lake Bennett locality should:
(a) contribute to a built, rural and natural environment supporting the diverse lifestyle and the social, cultural and economic development of the Territory promoting:
(i) housing choice;
(ii) public infrastructure; and
(iii) recreational and cultural opportunities;
(b) contribute to the sustainable use and development of land and water resources so that the use and development of land is consistent with the principles of sustainable development and avoids or minimises the degradation of the environment or the pollution or over commitment of water resources;
(c) promote rural building design which is climatically appropriate, energy efficient and contributes to the existing and future character and appearance of an area;
(d) ensure development does not unreasonably intrude on or compromise the privacy of adjoining residential uses and ensures its own amenity is not prejudiced in the future;
(e) assist in the conservation of areas and sites of environmental, cultural or heritage value as identified by the Territory;
(f) facilitate the further development of the tourist industry capitalising on the Territory’s aesthetic, natural and cultural heritage;
(g) consider flood levels to minimise risk to life and property; and
(h) value unimproved land for its inherent ecosystem functions in protecting native flora, fauna, soil and water resources.
Part 2 Specific land use controls 8 Sections 90 to 97, 99 to 110 and 1252 to 1255
(1) The purpose of this Part is to ensure development around Lake Bennett does not have a detrimental impact on the lake and that the rural character and amenity of the area is maintained.
(2) The use or development of sections 90 to 97(inclusive), 99 to 110 (inclusive) and 1252 to 1255 (inclusive) must be in accordance with the requirements of clauses 9 to 14 (inclusive).
(3) The performance criteria in Part 3 apply to development except for a conflict with a clause in this Part.
(4) In considering a proposed use or development the consent authority must consider:
(a) any potential detrimental impact on the lake;
(b) the extent to which the proposed use or development is appropriate to the land, taking into account the physical characteristics of the land including the visual impact of the proposal and the potential environmental impact of the proposal on the lake and water; and
(c) whether services and infrastructure (including but not limited to water, sewerage, gas, electricity and roads) will be adequate to support the proposed use or development.
9 Sections 90 to 92
(1) Without consent, sections 90, 91 and 92 may be developed with a single dwelling on each section.
(2) With consent, sections 90, 91 and 92 may be developed for any other purpose that is in keeping with the rural character of the Lake Bennett locality.
(3) A use or development for a purpose specified in subclause (1) or (2) is subject to the following conditions:
(a) all waste water and septic facilities must be sited at least 100 m from the full supply level of the lake, or outside its catchment, and designed so that no effluent flows into the lake;
(b) domestic livestock must not be kept, exercised or trained on the land within 100 m of the full supply level of the lake;
(c) the keeping, exercising or training of domestic livestock on the land must not:
(i) unreasonably contribute to the erosion or pollution of the land, adjoining land or the lake; or
(ii) cause detriment to the amenity of the Lake Bennett locality because of excessive noise, offensive odours, excessive dust or the attraction of flies or vermin.
10 Sections 92 to 97, 99 to 110, 1252 to 1255
(1) The purpose of this clause is to allow each of the owners of the parcels of land receiving the benefit of a recreational easement over section 1255 to have a pontoon on the lake.
(2) Without consent, the owner of each of the following lots may, subject to the terms of the recreational easement, construct one pontoon on or partly on section 1255:
(a) sections 92 to 97 (inclusive);
(b) sections 99 to 110 (inclusive);
(c) an existing or proposed unit on section 1252;
(d) sections 1253 and 1254.
(3) In this clause:
recreational easement means an easement in the terms stated in Schedule 4 to theLake Bennett (Land Title) Act 2005 .11 Sections 93 to 97 and 99 to 110
(1) Without consent, sections 93 to 97 (inclusive) and 99 to 110 (inclusive) may be developed with a single dwelling on each section.
(2) With consent, sections 93 to 97 (inclusive) and 99 to 110 (inclusive) may be developed for the following purposes:
(a) business sign;
(b) dependant unit;
(c) home occupation;
(d) medical consulting room.
(3) A use or development for a purpose specified in subclause (1) or (2) is subject to the following conditions:
(a) all waste water and septic facilities must be sited at least 100 m from the full supply level of the lake, or outside its catchment, and designed so that no effluent flows into the lake;
(b) domestic livestock must not be kept, exercised or trained on the land within 100 m of the full supply level of the lake;
(c) the keeping, exercising or training of domestic livestock on the land must not:
(i) unreasonably contribute to the erosion or pollution of the land, adjoining land or the lake; or
(ii) cause detriment to the amenity of the Lake Bennett locality because of excessive noise, offensive odours, excessive dust or the attraction of flies or vermin.
12 Section 1252
(1) With consent, section 1252 may be used only for a condominium development for no more than 64 dwellings.
(2) A use or development for a purpose specified in subclause (1) is subject to the following conditions:
(a) all development must be single storey;
(b) all waste water and septic facilities must be sited at least 100 m from the full supply level of the lake, or outside its catchment, and designed so that no effluent flows into the lake;
(c) domestic livestock must not be kept, exercised or trained on the land.
13 Section 1253
(1) With consent, section 1253 may be developed for the following purposes:
(a) business sign;
(b) caravan park;
(c) hostel;
(d) hotel;
(e) motel;
(f) multiple dwellings;
(g) promotion sign;
(h) restaurant;
(i) shop.
(2) A use or development for a purpose specified in subclause (1) is subject to the following conditions:
(a) all waste water and septic facilities must be sited at least 100 m from the full supply level of the lake, or outside its catchment, and designed so that no effluent flows into the lake;
(b) domestic livestock must not be kept, exercised or trained on the land within 100 m of the full supply level of the lake;
(c) the keeping, exercising or training of domestic livestock on the land must not:
(i) unreasonably contribute to the erosion or pollution of the land, adjoining land or the lake; or
(ii) cause detriment to the amenity of the Lake Bennett locality because of excessive noise, offensive odours, excessive dust or the attraction of flies or vermin.
14 Sections 1254 and 1255
(1) Sections 1254 and 1255 may be used only for recreational purposes but not for any activity that because of the generation of noise or disturbance will detrimentally affect the amenity of adjoining land.
(2) A further development (including using a caravan or camping) is not permitted on section 1254 or 1255 other than a development mentioned in section 23(1) of the
Lake Bennett (Land Title) Act 2005 .(3) A houseboat is not permitted on the lake.
(4) Domestic livestock must not be kept, exercised or trained on section 1254 or 1255.
Part 3 Performance criteria 15 Subdivision lot sizes
(1) The purpose of this clause is to ensure lots will be of a size that will preserve the rural character of the Lake Bennett locality.
(2) Subdivision design must provide for lots 8 ha or larger with a minimum of one hectare of unconstrained land.
16 Height control
(1) The purpose of this clause is to ensure the height of buildings is consistent with development provided for in the Lake Bennett locality.
(2) The height of any point of a building (including a tiered or split level building) must be measured from ground level vertically below that point.
(3) A building, other than a flag pole, lightning rod, aerial or antenna, must not exceed a height of:
(a) for sections 90 to 97 (inclusive) and 99 to 110 (inclusive) and section 1253 – 8.5 m; or
(b) for section 1252 – 5 m.
17 Car parking requirements
(1) The purpose of this clause is to ensure sufficient off-street car parking, constructed to a standard and conveniently located, is provided to service the proposed use of a site.
Note to subsection (1):
For many uses, the Building Code of Australia requires the provision of parking for people with disabilities.
(2) Subject to clause 18, if a use or development specified in Column 1 of the table to this clause is proposed, the number of car parking spaces (rounded up to the next whole number) required for that use or development must be calculated in accordance with the formula specified opposite in Column 2.
(3) If a use or development is proposed that is not listed in the table but requires consent, the consent authority must determine the number of car parking spaces required for that use or development.
TABLE
Column 1 | Column 2 |
Use or development | Minimum number of car parking spaces required |
Caravan park | 1.1 for each caravan, cabin mobile home or tent site. |
Hostel | 1 plus:
|
Hotel |
|
Medical consulting rooms | 1 (in addition to the 2 spaces required for the dwelling in which the rooms are located) plus 3 for each consulting room. |
Motel |
|
Multiple dwellings |
|
Restaurant |
|
Shop | 6 for each 100 m |
Single dwelling | 2 |
18 Car parking area layout
(1) The purpose of this clause is to ensure a car parking area is appropriately designed, constructed and maintained to service the proposed use of a site.
(2) A car parking area must be established, used and maintained for the purpose of parking vehicles only.
(3) A car parking area must:
(a) be of a suitable gradient for safe and convenient parking;
(b) be dust-suppressed or sealed and well drained;
(c) be of functional design and provide separate access to every car parking space;
(d) limit the number of access points to the road;
(e) allow a vehicle to enter from and exit to a road in a forward gear;
(f) maximise the sight lines for drivers entering or exiting the car parking area;
(g) be not less than 3 m from a road, and the area between the car parking area and the road must be landscaped with suitable planting; and
(h) have driveways with a minimum width of 6 m for two-way traffic flow or 3.5 m for one-way traffic flow.
19 Signs
(1) The purpose of this clause is to ensure business signs and promotion signs are of a size and location that minimises detriment to the amenity of the area.
(2) A business sign or promotion sign on a site must not:
(a) exceed 3 m
2 in area; or(b) the height of a building on the site.
20 Demountable structures
(1) The purpose of this clause is to ensure demountable structures do not detract from the visual amenity of an area.
(2) Placement of a demountable structure on land requires consent.
21 Set back of buildings
(1) The purpose of this clause is to ensure buildings, including sheds, on certain land are sited so they do not detract from the streetscape or amenity of adjoining land.
(2) A building on land, other than on section 1252, must be set back at least 10 m from all boundaries.
22 Pontoons
(1) The purpose of this clause is to ensure pontoons are appropriately designed and constructed.
(2) A pontoon must:
(a) not be larger than 4 m by 8 m with a ramp not exceeding 20 m; and
(b) be moored by way of a ramp that is permanently and securely fixed to land or a dwelling above the high water mark.
(3) The highest point of the pontoon must be no more than 600 mm above the water.
23 Mobile telephone telecommunications towers and infrastructure
(1) The purpose of this clause is to ensure the erection of mobile telecommunication towers and infrastructure does not unreasonably detract from the amenity of the Lake Bennett locality.
(2) Despite anything to the contrary in this instrument, towers, aerials or masts for mobile telephone telecommunications may be developed only with consent.
24 Caravans
(1) The purpose of this clause is to restrict the use of caravans on certain land.
(2) Land, other than sections 1253, 1254 and 1255, may be used to provide accommodation in a caravan only if that caravan is the only caravan used as a residence on the site and is used:
(a) as a temporary residence by the owner of the site;
(b) by a dependant of a person occupying a single dwelling on the site;
(c) temporarily by a bona fide visitor; or
(d) by a bona fide caretaker of the land.
25 Dependant units
(1) The purpose of this clause is to ensure a dependant unit is ancillary to the single dwelling on a site.
(2) A building or part of a building may be used, constructed or modified for use as a dependant unit if:
(a) the floor area of the dependant unit does not or will not exceed 50 m
2 ;(b) it shares public utility services and an effluent disposal system with the single dwelling; and
(c) there is or will be only one dependant unit on the site.
26 Home occupation
(1) The purpose of this clause is to ensure home occupations are established and operated in a manner that does not detract from the amenity of the Lake Bennett locality.
(2) A dwelling may be used for home occupation only if:
(a) the occupation or profession is carried out only by persons residing in the dwelling;
(b) the total of the floor area of the dwelling plus the other areas of the site that are used for the home occupation (including areas used temporarily) does not exceed 30 m
2 ;(c) no greater demand or load is imposed on the services provided by a service authority than that ordinarily required in the Lake Bennett locality;
(d) no sign is displayed, other than a business sign, that is not more than 0.5 m
2 ;(e) no goods or equipment are visible from outside the site; and
(f) not more than one vehicle kept on the site is used for the purposes of the home occupation.
(3) In this clause:
home occupation includes the care of up to 5 children in a dwelling including children who reside in the dwelling.27 Medical consulting rooms
(1) The purpose of this clause is to ensure medical consulting rooms are established and operated in a manner that does not detract from the amenity of the Lake Bennett locality.
(2) A medical consulting room may be established and operated only if:
(a) the service is carried out only by persons residing in the dwelling and not more than one person who does not reside in the dwelling;
(b) the total area used for the medical consulting room (including areas used temporarily) does not exceed 30 m
2 ;(c) no greater demand or load is imposed on the services provided by a service authority than that ordinarily required in the Lake Bennett locality; and
(d) no sign is displayed other than a business sign that is not more than 0.5 m
2 .28 Clearing of native vegetation
(1) The purpose of this clause is to ensure clearing of native vegetation does not unreasonably contribute to environmental degradation of the Lake Bennett locality.
(2) This clause does not apply to the clearing of native vegetation required or controlled under an Act of the Commonwealth or the Territory.
(3) The clearing of native vegetation must:
(a) avoid impacts on environmentally significant or sensitive vegetation;
(b) be based on land capability and suitability for the intended use;
(c) avoid impacts on waterways;
(d) avoid habitat fragmentation and impacts on native wildlife corridors; and
(e) avoid impacts on soils highly prone to erosion.
(4) The clearing of native vegetation requires consent if more than one hectare in total is to be cleared, including a previously cleared area.
(5) An application for the clearing of native vegetation must demonstrate consideration of the following:
(a) the presence of sensitive or significant vegetation communities including rainforest, vine thicket and close forest;
(b) the presence of an area of essential habitat within the meaning of the
Territory Parks and Wildlife Conservation Act 1996 ;(c) the impact of the clearing on regional biodiversity;
(d) whether the clearing is necessary for the intended use;
(e) whether there is sufficient water for the intended use;
(f) whether the soils are suitable for the intended use;
(g) whether the slope is suitable for the intended use;
(h) the presence of permanent and seasonal water features, including billabongs and swamps;
(i) the retention of native vegetation adjacent to waterways;
(j) the retention of native vegetation buffers along boundaries;
(k) the retention of native vegetation corridors between remnant native vegetation;
(l) the presence of a heritage object, heritage place, archaeological object or archaeological site within the meaning of the
Heritage Conservation Act 1991 .
(6) In assessing an application for the clearing of native vegetation, the matters mentioned in subclause (5) must be taken into account.
LAKE BENNETT LOCALITY clause 3
section 21
NORTHERN TERRITORY OF AUSTRALIA
DP04/0022
Lot No: section 1252
Town/Hundred: Hundred of Howard
Street Address: Chinner Road
Consent is granted, pursuant to the
Minister for Lands and Planning
Date:
DP04/0022
1. All development on section 1252 is limited to a single storey.
2. Up to 15 new dwellings may be constructed on the eastern side of the lake on the areas identified by thick black lines on Drawing No. 04/5818/4 "Development Area Lake Bennett".
3. All new dwellings must provide a separation of at least 3 m between dwellings (proposed and existing) and a 5 m setback from the access driveway.
4. All new dwellings must be similar in style, height and building materials to the existing dwellings on units 17 to 54 (inclusive).
5. The floor level of any new dwelling must be a minimum of 200 mm above the one in one hundred year flood level.
6. All air conditioning condensers are to be appropriately screened from public view and located so as to minimise thermal and acoustic impacts on neighbouring properties to the satisfaction of the Minister for Lands and Planning.
7. The dwellings hereby permitted must be connected to the effluent disposal system that services the existing unit development to the satisfaction of the Department of Health and Community Services.
8. The dwellings hereby permitted must be connected to a reticulated potable water supply to the satisfaction of the Department of Health and Community Services.
9. Any developments on or adjacent to any easements on site must be carried out to the requirements and satisfaction of the relevant service authority.
Note:
Section 21 of the
The
Minister for Lands and Planning
Date:
DP04/0022
The permit allows for the development of up to 15 new dwellings on the eastern side of Lake Bennett in accordance with the terms of compromise submitted by the Territory to the registered proprietors of the lots.
Not applicable
Minister for Lands and Planning
Date:
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 18 February 2005 |
Commenced | 9 March 2005 ( |
Assent date | 18 November 2010 |
Commenced | 7 November 2011 ( |
Assent date | 2 June 2014 |
Commenced | s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014 (s 2) |
Assent date | 3 September 2019 |
Commenced | 1 October 2019 ( |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
sch 5 amd No. 37, 2010, s 13; No. 19, 2014, s 26; No. 29, 2019, s 377
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