Planning Act (NT)
NORTHERN TERRITORY OF AUSTRALIA
PLANNING ACT
As in force at 9 June 1999
TABLE OF CONTENTS
Section
PART 1 - PRELIMINARY
1.Short title
2.Commencement
3.Interpretation
4.Act to bind Crown
PART 2 - ADMINISTRATION
5.Power to enter land
6.Delegation by Minister
7.Fees and charges
PART 3 - LAND USE OBJECTIVES
AND INTERIM DEVELOPMENT CONTROL ORDERS
8.Minister may declare land use objectives
9.Inconsistency between plan, &c., and objective
10.Interim development control orders
PART 4 - LAND USE CONTROL PLANS
Division 1 - Land Use Control Plans
11.Control plans
12.Consent authority for replacement of existing control plan
13.Notice of making of control plan
14.Application to leases
Division 2 - Amendments to Control Plans
15.Initiation of draft control plan amendment
16.Preparation of draft control plan amendment
Division 3 - Exhibition of Proposed Control Plans
and Draft Control Plan Amendments
17.Exhibition of plans
18.Notice in respect of land proposed for rezoning
19.Exhibition period
20.Exemption from exhibition
21.Submissions
22. Hearings
Division 4 - Acceptance, &c., of Proposed Control
Plans and Draft Control Plan Amendments
23.Submission to Minister
24.Acceptance by Minister
25.Re-exhibition if extensive change by Minister
Division 5 - Developer Contributions
26.Definitions
27.Service authority may make a contribution plan
28.Contributions for car parking
29.Contribution payable as a condition of permit
30.Payment of contribution
31.Duties of service authority
32.Discount, interest rate, &c.
33.Enforcement
Division 6 - General
34.Availability of control plans
35.Maps, &c., need not be sold
36.Certified copies and extracts of control plans
PART 5 - ENFORCEMENT OF CONTROL PLANS
37.No use or development except in accordance with control plans, &c.
38.Notice to cease
PART 6 - EXISTING USES
39.Interpretation
40.Existing uses protected
41.Existing construction or works protected
42.Repairs and maintenance
43.Application for consent to certain uses
44.Consent authority to consider and report
45.Determination of application for consent
46.Abandonment of existing non-conforming uses
47.Extension of period
PART 7 - DEVELOPMENT APPLICATIONS
Division 1 - Preliminary
48.Application
49.Development applications
Division 2 - Determination of Development
Applications
50.Notification of proposal
51.Matters to be taken into account
52.Determination of development applications
53.Conditions may be placed on permits
54. Conditions may relate to stage of development
Division 3 - Duration of Development Permits
55.Definitions
56.Duration of permit
57.Extension of period of permit
Division 4 - Development Works
58.Variation of conditions of permit
59.Development to be in accordance with permit
60.Consultation and agreement
Division 5 - Subdivisions and Consolidations
61.Restriction on subdivisions and consolidations
62.Plans not to be approved, &c., without consent
63.Purported subdivision or consolidation prohibited
Division 6 - Certification
64.Certification of compliance with permit or Part
Division 7 - Implementation
65.Effect of lodging plans, &c.
Division 8 - Revocation and Modification
of Permits
66.Revocation or modification of permit
PART 8 - NORTHERN TERRITORY
PLANNING AUTHORITYDivision 1 - Northern Territory
Planning Authority
67.Planning Authority
68.Functions and powers
69.Delegation
Division 2 - Membership
70.Membership
71.Members within area of local authority
72.Members outside area of local authority
73.Term of office
74.Alternate members
75.Vacancy not to invalidate
76.Defects not to invalidate
77.Resignation of members
78.Disclosure of interest
79.Direct or indirect interests in companies
80. Removal from office
Division 3 - Procedure
81.Constitution of Authority for purpose of meeting
82.Meetings of Authority
83.Meetings to be open
84.Minutes
85.Committees
86.Protection of members and witnesses
87.Contempt
88.Confidentiality
PART 9 - APPEALS
Division 1 - Establishment of
Planning Appeals Tribunal
89.Planning Appeals Tribunal
90.Appeals Tribunal members
91.President and Deputy President
92.Term of office
93.Removal from office
94.Resignation of members
95.Disclosure of interest
96.Direct or indirect interests in companies
97.Protection of members
Division 2 - Appeals
98.Interpretation and application
99.Applicant may appeal
100.Notices of appeal
101.Appeal
102.Constitution of Appeals Tribunal to hear appeal
103.Determination by Appeals Tribunal
Division 3 - Proceedings
104.Public hearings
105.Practice and procedure
106.Preliminary conference
107.Fixing of preliminary hearings
108.Preliminary hearings
109.Public notice of hearing
110.Powers of Appeals Tribunal
111.Summonses
112.Representation
113.Sworn evidence
114.Contempt
115.Appeals to Supreme Court
PART 10 - MISCELLANEOUS
Division 1 - Planning Certificates
116.Planning certificates
117.Effect of planning certificates
Division 2 - General
118.Registers
119.Service of notices, &c.
120.Inquiries
121.Prosecution and penalties
122.Compensation for abortive expenditure
123.Saving of other laws
124.Onus of proof
125.Compensation and liability
126.Actions not to be invalidated
127.Regulations
PART 11 - REPEAL AND TRANSITIONAL
128.Repeal
129.Definitions
130.Planning Authority to replace former Authority
131.References in other Acts, &c.
132.Saving of actions
133.Saving of planning objectives
134.Saving of draft planning instruments
135.Saving of planning instruments
136.Saving of determinations under Division 1 of Part IV of former Act
137.Saving of consents
138.Saving of instruments of determination
139.Saving of notices
140.Saving of inquiries
141.Planning Authority to keep records of former Authority
142.Maintenance of registers
143.Saving of certificates, &c.
144.Trust accounts
145.Saving of car parking schemes
146.Development applications lodged under former Act
147.Applications to Appeals Committee under former Act
148.Saving of determinations of former Appeals Committee
149.Appeals to Supreme Court under former Act
150.Transitional Regulations
SCHEDULE 1
SCHEDULE 2
NORTHERN TERRITORY OF AUSTRALIA
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PLANNING ACT
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NOTE - THIS REPRINT SHOWS THE ACT AS IN FORCE AT 9 JUNE 1999. ANY AMENDMENTS THAT MAY COME INTO OPERATION AFTER THAT DATE ARE NOT INCLUDED.
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An Act to provide for appropriate and orderly
planning and control of the use and development
of land, and for related purposes
PART 1 - PRELIMINARY
SHORT TITLE
This Act may be cited as the Planning Act. (See back note 1)
COMMENCEMENT
This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. (See back note 1)
INTERPRETATION
(1) In this Act, unless the contrary intention appears -
"Appeals Tribunal" means the Planning Appeals Tribunal established by section 89;
"approved form" means a form approved by the Minister;
"building" includes a structure of any kind (including a temporary structure) and part of a building or structure;
"Chairman" means the person appointed as Chairman of the Planning Authority and includes a Deputy Chairman while acting as the Chairman and a person appointed to act as the Chairman under section 70;
"commencement date" means the date of commencement of this Act;
"committee" means a committee of the Planning Authority established under section 85;
"consent authority" means -
(a)in relation to land (including land held under a lease) in respect of which consent to perform an activity or action is required by or under this Act and to which a control plan or an interim development control order does not apply - the Minister;
(b)in relation to land or a development to which an interim development control order applies -
(i)where the Planning Authority is nominated under section 10(3) as the consent authority in the relevant interim development control order - the Planning Authority; or
(ii)where the Minister is nominated under section 10(3) as the consent authority in the relevant interim development control order - the Minister; and
(c)in any other case -
(i)where the Planning Authority is nominated in the relevant control plan as the consent authority - the Planning Authority; or
(ii)where the Minister is nominated in the relevant control plan as the consent authority - the Minister;
"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, where the land remains, after consolidation, pastoral land within the meaning of that Act;
(b)a consolidation under the Unit Titles Act except the consolidation of lots, being lots defined for the purposes of Part IVB 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;
(d)the consolidation of land vested in a local authority under section 131 of the Local Government Act with land adjoining that land, where the consolidation takes place not later than 12 months after the vesting of the land in the local authority; or
(e)a consolidation or class of consolidation prescribed for the purposes of this definition;
"construct", in relation to a building, includes -
(a)build, re–build, erect or re–erect;
(b)make alterations to;
(c)enlarge or extend; and
(d)place or relocate the building on land;
"control plan" means a land use control plan in force from time to time under Part 4;
"control plan amendment" means a draft control plan amendment accepted by the Minister under section 24(1)(a) or (b);
"Deputy Chairman" means a Deputy Chairman of the Planning Authority;
"Deputy President" means the Deputy President of the Appeals Tribunal;
"development", in relation to land, means an activity which 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 excavation, land-filling, the clearing of vegetation, the construction of a building, the construc-tion or upgrading of roads and drains (other than by a statutory corporation, by a statutory authority or corporation incor-porated under an Act of the Common-wealth or by a local authority or where the works are carried out in pursuance of a statutory responsibility), the construction or upgrading of hardstand car parking, land-scaping or any other operation which affects the physical character of the land;
"development application" means an application under section 49;
"development permit" means a development permit issued under section 52, varied under section 58, amended pursuant to an order under section 103 or as modified under section 66;
"draft control plan amendment" means a draft control plan amendment prepared under section 16;
"explanatory document", in relation to a proposed control plan or a draft control plan amendment, means an explanatory document referred to in section 18(5);
"former Act" means the Planning Act as in force immediately before the commencement date;
"interim development control order" means an interim development control order under section 10;
"land" includes land covered by water and buildings constructed on land;
"land use objective" means a land use objective declared under section 8, in respect of which notice has been given under that section;
"local authority" means a municipal council or community government council within the meaning of the Local Government Act;
"local member", in relation to a control plan, means a person appointed under section 71 or 72 to be a member in respect of the area to which the control plan relates;
"member" means a person appointed as a member of the Planning Authority and includes the Chairman and a Deputy Chairman and an alternate member appointed under section 74 while acting as a member;
"member of a local authority" has the same meaning as "member" has in the Local Government Act;
"member of the Appeals Tribunal" includes the President and the Deputy President;
"municipality" has the same meaning as in the Local Government Act;
"notice of refusal" means a notice of refusal issued under section 52;
"owner", in relation to land held under a lease from the Territory, means the lessee of the land;
"Planning Authority" means the Northern Territory Planning Authority es-tablished by section 67;
"President" means the person appointed under section 91 as the President of the Appeals Tribunal and includes -
(a)the Deputy President and the member nominated under section 91(3), while performing the functions or exercising the powers of the President; and
(b)in relation to an appeal, a member nominated under section 102(2) to preside over the appeal, while the member is so presiding;
"proposed control plan" means a control plan prepared for the purposes of section 11;
"service authority" means the Territory, a minister, a local authority, the Power and Water Authority established by the Power and Water Authority Act or a statutory corporation prescribed for the purposes of Division 5 of Part 4 and/or section 65, as the case may be;
"statutory corporation" means a corporation, com-mission or authority incorporated by name for a public purpose by a law of the Territory, but does not include a local authority;
"subdivision" means, subject to subsections (2) and (3) of this section, 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,
but does not include -
(c)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 or the Crown Lands Act;
(ii)an action under the Control of Roads Act or the Local Government Act to open a road, where the remainder of each parcel of land on which the road is situated remains one allotment;
(iii)the vesting of land in a local authority under section 131 of the Local Government Act; 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 where it is to be consolidated with the land already held by the grantee;
(d)a subdivision under the Unit Titles Act within the meaning of Part III of the Unit Titles Act or referred to in section 4(6) of that Act;
(e)a subdivision which creates not more than 2 lots where 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;
(f)the subdivision of pastoral land under section 61 or 66 of the Pastoral Land Act where the land will remain, after the subdivision, pastoral land within the meaning of that Act;
(g)a subdivision required pursuant to the Encroachment of Buildings Act;
(h)a sublease under the Pastoral Lands Act;
(j)a subdivision required under any other Act; or
(k)a subdivision or a subdivision of a class of subdivision prescribed for the purposes of this definition;
"Surveyor-General" has the same meaning as in the Licensed Surveyors Act;
"town" means -
(a)a town within the meaning of the Crown Lands Act;
(b)a municipality; or
(c)land specified by the regulations to be an area which is to be treated as a town or land which was specified to be treated as a town under the former Act and which shall continue to be so treated by virtue of the operation of section 135 of this Act;
"works" means, as the case requires -
(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.
(2) Land shall not 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 exceeding 12 years; or
(b)by reason only of the lease of part of a building.
(3) For the purposes of subsection (2), a lease, licence or other right to use or occupy a part of land which 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 exceeds 12 years, shall be taken to be a lease, licence or right for a term exceeding 12 years.
(4) Where a provision of this Act empowers the Minister, by notice in the Gazette, to make an instrument of a legislative or administrative character, it is sufficient compliance with the provision if -
(a)the Minister signs the instrument; and
(b)a notice of the making of the instrument and of the place where copies of the instrument are available is published in the Gazette,
and the instrument takes effect from the date of notification in the Gazette or, where a later date is provided for in the instrument, from that later date.
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.
PART 2 - ADMINISTRATION
POWER TO ENTER LAND
(1) Subject to this section, where -
(a)the Minister or a person authorised in writing by the Minister for the purpose of performing a function or exercising a power of the Minister; or
(b)the Planning Authority or a person authorised in writing by the Planning Authority for the purpose of performing a function or exercising a power of the Planning Authority,
has -
(c)reasonable grounds to believe that it is necessary to do so for the purpose of performing that function or exercising that power; and
(d)given reasonable notice to the owner, occupier or person apparently in charge of the land,
he, she or it may, at all reasonable times, enter any land.
(2) A person shall not enter a building or part of a building used for residential purposes without the consent of the occupier of the building or part of a building or a search warrant.
(3) Where a member of the Police Force or an authorised officer makes a complaint on oath to a Justice to the effect that the member or authorised officer has reason to suspect, and believes, that this Act has or the Regulations have been or is or are being contravened in or on residential premises, the Justice may, if satisfied that the belief is well founded, authorise by search warrant a member of the Police Force or an authorised officer to enter the premises to search for evidence in relation to the contravention in or on the premises.
(4) Section 120BA(4) to (8), inclusive, of the Police Administration Act apply to and in relation to a search warrant issued under and in pursuance of subsection (3).
DELEGATION BY MINISTER
(1) The Minister may, by instrument in writing, delegate to a person or to the holder for the time being or from time to time of an office by or under an Act any of the Minister's powers and functions under this Act, other than this power of delegation.
(2) A power or function delegated under this section, when exercised or performed by the delegate is, for the purposes of this Act or the Regulations, deemed to have been exercised or performed by the Minister.
(3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Minister.
FEES AND CHARGES
(1) The Minister may, by notice in the Gazette, prescribe the fees to be charged in connection with matters under this Act.
(2) The Minister may, in the circumstances of a particular case, in writing, waive a fee prescribed under subsection (1).
(3) An amount may be charged for the provision of a service relating to a matter under this Act for which a charge is not otherwise prescribed, commensurate with the reasonable cost of providing the service.
PART 3 - LAND USE OBJECTIVES
AND INTERIM DEVELOPMENT CONTROL ORDERS
MINISTER MAY DECLARE LAND USE OBJECTIVES
(1) Subject to this section, the Minister may, by instrument in writing, declare a land use objective in relation to an area specified in the instrument or declare an amendment to a land use objective.
(2) The Minister shall not declare a land use objective or an amendment to a land use objective unless he or she -
(a)has, subject to this section, deter-mined a process for, and the manner and form of, public consultation in respect of the particular objective or amendment proposed (including, but not limited to, the formation of working groups for the purposes of this section); and
(b)has -
(i)subject to subsection (7), exhibited a copy of the proposed land use objective or amendment, or a notice describing the intention of the objective or amendment, in accordance with his or her determination under paragraph (a);
(ii)advertised that a copy of, or a notice describing the intention of, the proposed land use objective or amendment has been exhibited;
(iii)sought submissions from the public in such manner and form as he or she thinks fit (including submissions from the Planning Authority or a local authority), such submissions to be provided within such period, ending not earlier than 28 days after the date of the advertisement under subparagraph (ii) as the Minister has determined under paragraph (a) and specifies in the advertisement; and
(iv)after the expiration of the period referred to in subparagraph (iii), considered the submissions, if any, received.
(3) Where the Minister decides to alter a proposed land use objective or amendment that has been exhibited under this section, the Minister may, in such manner and form as he or she thinks fit, re-exhibit and/or seek further submissions in respect of the land use objective or amendment as altered.
(4) The Minister shall cause notice of the declaration of a land use objective or an amendment to a land use objective to be published in the Gazette.
(5) A notice under subsection (4) shall -
(a)contain a brief summary of the objects and purpose of the land use objective or amendment; and
(b)specify the area of land to which it relates,
and indicate the place where copies of the declaration may be inspected and purchased.
(6) A land use objective or an amendment to a land use objective takes effect on -
(a)the date of its notification under subsection (4); or
(b)where a later date is provided for in the notice, that later date.
(7) Where the Minister is of the opinion that a proposed amendment to a land use objective is not so significant as to require exhibition in accordance with this section, he or she may, without exhibiting the amendment, declare the amendment to a land use objective.
INCONSISTENCY BETWEEN PLAN, &c., AND OBJECTIVE
(1) A consent authority shall, where it is of the opinion that an existing control plan is inconsistent with a land use objective, prepare and exhibit under Part 4 a draft control plan amendment proposing the removal of the inconsistency.
(2) Where a consent authority, other than the Minister, proposes to determine a development application in a manner which may be, in its opinion, inconsistent with a land use objective, it -
(a)shall notify the Minister in writing; and
(b)where the Minister -
(i)does not respond within 14 days after being notified under paragraph (a) or approves the proposed determination - may determine the application in accordance with the proposed determination; or
(ii)within 14 days after being notified under paragraph (a), advises that, in his or her opinion, the proposed determination is inconsistent with a land use objective - shall determine the application in accordance with the direction of the Minister.
INTERIM DEVELOPMENT CONTROL ORDERS
(1) Where -
(a)the Minister -
(i)decides that a land use objective or an amendment to a land use objective is to be declared; or
(ii)intends to prepare a proposed control plan; or
(b) a consent authority intends to prepare a proposed control plan or draft control plan amendment,
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 land use objective, amendment to a land use objective proposed control plan or draft control plan amendment is to apply.
(2) An interim development control order may declare that -
(a)a provision of a control plan does not apply to all or part of the land to which the order relates; or
(b)development specified in the order in all or part of the land to which the order relates may proceed only with the consent under Part 7 of the consent authority specified in the order,
and while the order remains in force the provision does not apply, or the development may only proceed, accordingly.
(3) The Minister may, in an interim development control order, nominate himself or herself or the Planning Authority as the consent authority for the purposes of this section in respect of the order or development specified in the order.
(4) An interim development control order takes effect on -
(a)the date it is notified in the Gazette; or
(b)where a later date is provided for in the order, that later date,
and remains in force for such period, not exceeding 12 months, as is specified in the order.
(5) An interim development control order shall 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 where it relates to a different matter to the order that has expired.
(6) The Minister shall not make an interim development control order that allows a development of land which, if the interim development control order had not been made, would not be lawful under the control plan relating to the land.
(7) Where there is an inconsistency between an interim development control order and a control plan, the interim development control order shall prevail and the control plan, to the extent of the inconsistency, has no effect.
(8) Where there is an inconsistency between an interim development control order and a land use objective -
(a)the interim development control order shall prevail; and
(b)the land use objective, to the extent of the inconsistency, has no effect,
for the duration of the order.
PART 4 - LAND USE CONTROL PLANS
Division 1 - Land Use Control Plans
CONTROL PLANS
(1) Subject to this Act, the Minister may, by notice in the Gazette, make a land use control plan.
(2) A control plan shall -
(a)specify the land to which it applies; and
(b)nominate the Minister or the Planning Authority as the consent authority for the control plan.
(3) A control plan takes effect on -
(a)the date it is notified in the Gazette; or
(b)where a later date is provided for in the notice, that later date.
(4) The Minister may, after having regard to the matters specified in section 16(4) -
(a)prepare and exhibit; and
(b)seek submissions in respect of,
a proposed control plan, other than a proposed control plan prepared under subsection (6), in accordance with Divisions 3 and 4.
(5) The Minister shall not make a control plan under this section until the proposed control plan to which it relates has been exhibited and any submissions received have been considered.
(6) Where the Planning Authority is nominated as the consent authority for a control plan it may, after having regard to the matters specified in section 16(4) -
(a)prepare and exhibit; and
(b)seek submissions in respect of,
a proposed control plan to replace the control plan in accordance with Divisions 3 and 4.
(7) The Minister shall not make a control plan if part of the area to which it would relate is within the jurisdiction of one local authority and another part is within the jurisdiction of another local authority.
CONSENT AUTHORITY FOR REPLACEMENT OF EXISTING CONTROL PLAN
A control plan ("the replacement control plan") which replaces an existing control plan ("the previous control plan") may declare that the local members holding office in respect of the previous control plan immediately before the commencement of the replacement control plan, are, subject to this Act, deemed to be local members for the purposes of the replacement control plan for the balance of the term for which, if the previous control plan had not been revoked, they would have held office and they shall be the local members for those purposes accordingly.
NOTICE OF MAKING OF CONTROL PLAN
Where the Minister makes a control plan under section 11, the Minister shall cause notice of the making of the plan to be published in a newspaper circulating in the area to which the plan applies.
APPLICATION TO LEASES
Where a control plan or interim development control order applies to land the subject of a lease from the Territory, a provision or covenant in the lease which permits or obligates the use of the leased land for purposes inconsistent with the plan or order is, to the extent of the inconsistency, of no effect.
Division 2 - Amendments to Control Plans
INITIATION OF DRAFT CONTROL PLAN AMENDMENT
(1) The Minister may direct a consent authority to prepare and exhibit a draft control plan amendment under this Part.
(2) A person may, on the payment of the prescribed fee, request in writing a consent authority to consider the preparation and exhibition of a draft control plan amendment.
(3) A request under subsection (2) shall be accompanied by an assessment of the effect of the amendment sought on the area in which the land is situated.
(4) A consent authority requested under subsection (2) to prepare a draft control plan amendment may require the person making the request to provide it with such information as it considers necessary to enable it to prepare the draft control plan amendment.
PREPARATION OF DRAFT CONTROL PLAN AMENDMENT
(1) A consent authority shall, on being so directed under section 15(1), prepare a draft control plan amendment.
(2) A consent authority may -
(a)after considering a request received under section 15(2); and
(b)on receiving from the person making the request the prescribed fee for the preparation and exhibition of a draft control plan amendment and the information, if any, required by it under section 15(4),
prepare the draft control plan amendment requested.
(3) A consent authority may, of its own motion, prepare a draft control plan amendment.
(4) A consent authority shall, in considering whether or not to prepare a draft control plan amendment under subsection (2) or (3), have regard to the following matters in respect of the land to which the control plan it is proposed to amend applies:
(a)the land use objectives, if any;
(b)all draft control plan amendments, if any, currently being exhibited or which have been exhibited but have not been accepted or refused under section 24;
(c)the merits of the proposal;
(d)the physical characteristics of the land and its suitability for particular uses;
(e)the public facilities available and the present or future requirements for such facilities;
(f)the potential impact on the existing and future amenity of the area in which the land is situated;
(g)the public interest;
(h)the social, cultural or environmental impact of the proposal; and
(j)such other matters as it thinks fit.
Division 3 - Exhibition of Proposed Control
Plans and Draft Control Plan Amendments
EXHIBITION OF PLANS
(1) Subject to sections 19 and 20 -
(a)the Minister shall, before -
(i)making a control plan under section 11; or
(ii)accepting under section 24 a draft control plan amendment which he or she caused to be prepared; and
(b)a consent authority shall, before submitting under section 23 a proposed control plan or draft control plan amendment to the Minister,
exhibit the proposed control plan or draft control plan amendment by -
(c)publishing or causing to be published in the Gazette a notice -
(i)that a proposed control plan or draft control plan amendment is to be exhibited;
(ii)of the places where it is to be exhibited;
(iii)of the period of exhibition determined under section 19;
(iv)of the person or body to whom written submissions should be made in respect of the proposed control plan or draft control plan amendment; and
(v)containing a brief summary of the contents of the proposed control plan or draft control plan amendment, including, where, it consists of or includes a change in the zoning of land and it is, in the opinion of the consent authority, practicable to do so, the address, current zoning and proposed zoning of each parcel of land in respect of which a change of zoning is proposed; and
(d) displaying or causing to be displayed a copy in a prominent position at places referred to in paragraph (c)(ii).
(2) The Minister or the consent authority, as the case may be, shall publish or cause to be published twice in a newspaper circulating in the area to which the control plan or proposed control plan relates, the notice referred to in subsection (1)(c).
NOTICE IN RESPECT OF LAND PROPOSED FOR REZONING
(1) Subject to subsection (2), where a proposed control plan or draft control plan amendment proposes the zoning of land or a change in the zoning of land, the consent authority shall, before exhibiting it under section 17 -
(a)serve or cause to be served notice on the owner of the land; and
(b)place or cause to be placed on or in the vicinity of the land to which the proposed zoning or change of zoning relates as many notices, in accordance with subsection (3), as it thinks fit,
declaring the current zoning of the land and the change of zoning, if any, and the zoning or change in zoning proposed for the land.
(2) Subsection (1) does not apply where, in the opinion of the consent authority -
(a)it is impractical to comply with the subsection because of the location of the land or the number of parcels of land to be affected by the zoning or change of zoning proposed for the land; and
(b)the notice placed in a newspaper under section 17 is such that all persons likely to be affected by the zoning or change of zoning proposed for the land could reasonably be expected to have notice of it.
(3) A notice under subsection (1)(b) shall be of sufficient size and be so placed that a person with normal unimpaired eyesight can, without optical assistance, read it from the boundary of the public road nearest to the lot in respect of which the zoning or change of zoning is proposed.
(4) A person shall not remove a notice placed on land in accordance with this section until after the end of the exhibition period required under section 19.
Penalty:In the case of a natural person - $5,000;
In the case of a corporation - $25,000.
(5) The Minister or the consent authority shall not exhibit a proposed control plan or draft control plan amendment unless it is accompanied by an explanatory document setting out -
(a)the aims and objectives sought to be achieved through the proposed control plan or the control plan as proposed to be amended; and
(b)the manner in which the proposed control plan or the control plan as proposed to be amended will be implemented to achieve those aims and objectives.
EXHIBITION PERIOD
(1) The consent authority shall determine the period of exhibition of a proposed control plan or a draft control plan amendment, which period shall commence on or after the first day on which the notice appears in the newspaper in accordance with section 17(2) and shall end not earlier than 28 days after that day.
(2) Subject to this Part, a proposed control plan or draft control plan amendment shall be exhibited during the period of exhibition determined under subsection (1).
EXEMPTION FROM EXHIBITION
(1) Notwithstanding section 17, where in the case of a draft control plan amendment -
(a)the consent authority, being the Minister, is; or
(b)where the consent authority is not the Minister, the consent authority and the Minister are,
of the opinion that the amendment to be effected as provided in the draft control plan amendment is not so significant as to require exhibition, the draft control plan amendment need not be exhibited.
(2) Where the Minister and the Planning Authority are of the opinion that a class of draft control plan amendments are not so significant as to require exhibition, a draft control plan amendment within the class need not be exhibited.
SUBMISSIONS
A person may, within the period during which a proposed control plan or draft control plan amendment is exhibited under this Division, make a written submission in relation to the plan to the person or body specified in the notice under section 17 as the person or body to whom written submissions should be directed.
HEARINGS
(1) Where a consent authority other than the Minister receives a submission under section 21, it shall hold a hearing to consider the proposed control plan or draft control plan amendment and may invite the person from whom the submission was received to attend the hearing.
(2) The consent authority may invite any person to make oral submissions at a hearing under this section.
Division 4 - Acceptance, &c., of Proposed
Control Plans and Draft Control Plan Amendments
SUBMISSION TO MINISTER
(1) As soon as practicable after -
(a)the expiration of the period of exhibition of a proposed control plan or draft control plan amendment specified under section 19; or
(b)the preparation of a draft control plan amendment which, by virtue of section 20, need not be exhibited,
the consent authority, where it is not the Minister, shall submit to the Minister -
(c)the proposed control plan or draft control plan amendment;
(d)the explanatory documents accompanying the proposed control plan or draft control plan amendment, as exhibited;
(e)all submissions received under section 21 in respect of the proposed control plan or draft control plan amendment; and
(f)a report on -
(i)the purpose and suitability of; and
(ii)the issues raised in oral and written submissions received in relation to,
the proposed control plan or draft control plan amendment.
(2) The Chairman may, at the request of a consent authority, prepare the report under subsection (1)(f).
ACCEPTANCE BY MINISTER
(1) After considering a proposed control plan and the submissions and report, if any, under section 23 relating to it, the Minister may -
(a)accept the proposed control plan and make a control plan under section 11;
(b)subject to this Part, alter and accept the proposed control plan and make a control plan under section 11; or
(c)refuse to make a control plan in accordance with the proposed control plan.
(2) After considering a draft control plan amendment and the submissions and the report, if any, under section 23 relating to it, the Minister may -
(a)accept the draft control plan amendment and, by notice in the Gazette, amend the control plan to which it relates;
(b)subject to this Division, alter and accept the draft control plan amendment and, by notice in the Gazette, amend the control plan to which it relates; or
(c)refuse to amend a control plan in accordance with the draft control plan amendment.
(3) An amendment of a control plan takes effect on -
(a)the date it is notified in the Gazette; or
(b)where a later date is provided for in the notice, that later date.
(4) The Minister shall not accept a draft control plan amendment if it relates to land part of which is in the jurisdiction of one local authority and another part of which is in the jurisdiction of another local authority.
RE-EXHIBITION IF EXTENSIVE CHANGE BY MINISTER
(1) Where the Minister -
(a)alters a proposed control plan or draft control plan amendment under section 24; and
(b) is satisfied that the alterations are sufficiently extensive or significant as to justify the re-exhibition of the plan or amendment as altered,
the Minister shall re-exhibit the proposed control plan or draft control plan amendment as altered, or, where the Minister is not the consent authority, refer the plan or amendment, as altered, to the consent authority for re-exhibition and the consent authority shall re-exhibit it accordingly.
(2) Subject to this section, sections 17, 18, 19, 21, 22, 23 and 24 apply to and in relation to the re–exhibition under subsection (1) of a control plan or draft control plan amendment altered under section 24 as if the control plan or draft control plan amendment so altered had not previously been exhibited.
(3) Section 21 applies to a control plan or draft control plan amendment re-exhibited under subsection (1) only in relation to the alterations made under section 24.
(4) Section 18 applies to an alteration under section 24 only if the zoning of the land, after the alteration is made, varies from that originally proposed in the plan or draft control plan amendment to which the alteration relates.
Division 5 - Developer Contributions
DEFINITIONS
In this Division, unless the contrary intention appears -
"contribution" means the amount calculated under and in accordance with a contribution plan payable in accordance with this Division;
"contribution plan" means a contribution plan made under section 27;
"formula for calculation" means a formula for the calculation of contribution referred to in section 27(8)(d) or 28(3);
"infrastructure" means prescribed works (being capital works only and not including the repair or maintenance of such works), but does not include works required as a condition of a development permit to be carried out on the land to which the permit relates or the provision of public car parking;
"policy area" means a policy area within the meaning of section 27(7).
SERVICE AUTHORITY MAY MAKE A CONTRIBUTION PLAN
(1) A control plan may require, in relation to a particular type of development, the payment of a contribution towards infrastructure or public car parking, as assessed by a service authority in accordance with a contribution plan, in order to meet the expected increased demand for infrastructure or public car parking as a consequence of the development in a policy area specified in the relevant contribution plan.
(2) A service authority may, after the proposed contribution plan to which it relates has been exhibited for a period of not less than 28 days, and any submissions received have been considered, by notice in the Gazette make a contribution plan.
(3) A service authority -
(a)may prepare; and
(b)shall exhibit and seek submissions in respect of,
a proposed contribution plan.
(4) A service authority shall ensure that all contribution plans proposed or made by it are available for inspection and purchase by the public.
(5) A contribution plan shall not, in any legal proceedings commenced after the expiration of 90 days after the date on which the making or purported making of the plan is notified in the Gazette, be declared to be of no effect by virtue only of a defect or irregularity in the procedure prescribed by or under this Act for the making of such a plan.
(6) A contribution plan made by a service authority that is a local authority shall not apply to land other than land within the jurisdiction of the local authority.
(7) A contribution plan shall relate to a policy area specified in the plan, being land which can appropriately be treated as a discrete area for the provision of infrastructure or public car parking of the type specified in the plan by virtue 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 which is or will be required in the area of land.
(8) A contribution plan shall contain -
(a)a description of the infrastructure or public car parking which is or will be required in the policy area;
(b)an estimation of the priority for the order of construction of works comprised in each type of infrastructure or public car park;
(c)an estimation, and the method for calculation of, the capital cost of works comprised in each type of infrastructure or public car park;
(d)a formula for calculation, in respect of each type of development for which a contribution is required under the plan, of the contribution required, being -
(i)in relation to the provision of infrastructure - determined with regard to prescribed types of information or estimations, descriptions or other information referred to in this section; and
(ii)in relation to the provision of public car parking - determined in accordance with section 28; and
(e)such other information as is prescribed.
(9) A formula for calculation referred to in subsection (8)(d)(i) may relate to the intensity of a development, the anticipated increased usage of proposed infrastructure as a consequence of a development of a particular type and/or such other factors as are specified in the contribution plan.
CONTRIBUTIONS FOR CAR PARKING
(1) A control plan may require, in relation to a particular type of development, that the development shall include provision for public car parking in order to meet the expected increased demand for car parking spaces in the policy area as a consequence of the development.
(2) Notwithstanding that a control plan requires that a certain number of public car parking spaces be provided as part of a development, the consent authority, after considering all the circumstances of a particular case and if satisfied that the intent of the control plan will still be fulfilled, may determine, as a condition of a development permit, that a different number of public car parking spaces, or no spaces, are to be provided as part of the development.
(3) Where a consent authority has determined, as a condition of a development permit, that a number of public car parking spaces are to be provided as part of the development, a contribution, calculated in accordance with a formula for calculation contained in a contribution plan made by the service authority, being the local authority for the area to which the control plan relates, may be paid to the local authority in lieu of the provision of some or all of the number of car parking spaces required in accordance with subsection (1) or (2).
(4) A formula for calculation referred to in subsection (3) shall have regard to -
(a)the value of the land necessary for an off -street car park in the policy area; and
(b)the estimated cost of construction of public car parking spaces on the land referred to in paragraph (a), using the most appropriate or cost effective form of construction, whether ground level or multi-level, having regard to all the circumstances in the policy area.
CONTRIBUTION PAYABLE AS CONDITION OF PERMIT
(1) Subject to subsection (2) and section 103(6), a contribution payable under this Division is deemed to be a condition of the development permit in respect of which it is payable and is to be provided by the holder of the permit in accordance with this Division.
(2) A contribution plan is not valid unless -
(a)the total cost of the provision of infrastructure or car parking in respect of which the contribution is to be payable under the plan by the holder of the permit is calculated by reference to the most appropriate and cost-effective form of construction;
(b)the contribution to be payable by the holder of the permit is calculated as part or all of the total cost of the provision of infrastructure or car parking; and
(c)the contribution to be payable by the holder of the permit is relative to the proportion of anticipated future usage of the infrastructure or public car parking attributable to the development of the land to which the permit relates.
(3) Where the holder of a development permit is required, as a condition of the permit, to construct infrastructure himself or herself, the amount of money spent in constructing that infrastructure shall be set off against the contribution otherwise payable under this Division, to the extent of, but not exceeding, the amount of contribution payable.
PAYMENT OF CONTRIBUTION
A contribution to be provided in accordance with this Division shall be provided -
(a)on completion of the development;
(b)where the development is constituted only by a change in the use to which the land may be put -before the commencement of the new use;
(c)where it is a condition of a develop-ment permit relating to the development that, at the completion of each specified stage of the development, a specified number of car parking spaces shall be provided or a proportion of the total contribution as assessed by the service authority in accordance with the contribution plan shall be payable - at the completion of each stage and before commencement of the use of that part of the development in accordance with the conditions of the permit; or
(d)as otherwise specified in a written agreement between the service authority and the holder of the development permit.
DUTIES OF SERVICE AUTHORITY
A service authority to which money is paid in accordance with this Division shall -
(a)maintain a trust account in relation to each contribution plan, being, where the service authority is a local authority, a trust account within the meaning of the Local Government Act, for the purposes of providing the infrastructure or public car parking spaces for which the contribution was provided;
(b)pay money received by it under this section into the trust account; and
(c)within a reasonable time, having regard to all the circumstances, expend money paid into the trust account for the purpose of providing infrastructure or public car parking for the provision of that infrastructure or public car parking, as the case may be, in the policy area in which the development is situated.
DISCOUNT, INTEREST RATE, &c.
A service authority may, (in the case of a body corporate, by resolution, and, in any other case, in such manner and form as is prescribed) declare -
(a)that a discount shall be given for the prompt payment or the payment in advance, of a contribution payable under this Division;
(b)the rate or rates of a discount referred to in paragraph (a) and the circumstances in which it shall be given;
(c)the rate of interest payable on a contribution or part of a contribution where, in each case, the contribution is paid late, such interest -
(i)being calculable on the amount outstanding from time to time on a monthly basis until the contribution is paid in full; and
(ii)being not more than the prescribed rate of interest, or, in the case of a local authority, not more than the rate of penalty interest payable to it on rates payable under the Local Government Act but not paid when due and payable; and
(d)that a refund or remittance of all or part of a contribution otherwise payable shall be made in the special circumstances of a particular case.
ENFORCEMENT
Where a contribution is to be paid to a service authority under this Division, the service authority may -
(a)where it is a body corporate or a statutory corporation, in its own name take proceedings to enforce or secure the observance of the condition;
(b)where it is a minister, in the name of the Territory take proceedings to enforce or secure the observance of the condition; and
(c)in any other case, take proceedings to enforce or secure the observance of the condition in the prescribed manner and/or form.
Division 6 - General
AVAILABILITY OF CONTROL PLANS
(1) The Minister shall make available, for purchase or inspection by the public, copies of all proposed control plans exhibited under section 11(4).
(2) A consent authority shall make available, for purchase or inspection by the public, copies of all -
(a)proposed control plans exhibited under section 11(6);
(b)control plans;
(c)draft control plan amendments in respect of control plans, being amendments exhibited under Division 3;
(d)control plan amendments in respect of control plans;
(e)the explanatory documents relating to proposed control plans or draft control plan amendments; and
(f)repealed control plans or repealed control plan amendments,
for which it is or was nominated as the consent authority.
(3) A copy of a proposed control plan or a draft control plan amendment shall not be sold unless an explanatory document in relation to the plan or amendment is sold with it.
MAPS, &c., NEED NOT BE SOLD
A copy of a control plan, proposed control plan, control plan amendment or draft control plan amendment which incorporates maps, plans, designs or diagrams may be sold notwithstanding that a map, plan, design or diagram so incorporated is not sold with it.
CERTIFIED COPIES AND EXTRACTS OF CONTROL PLANS
(1) A person may apply to the consent authority in the approved form accompanied by the prescribed fee for a certified copy or extract of a control plan or control plan amendment for which it is or was nominated as the consent authority, whether or not the plan or amendment is in force at the time the application is made.
(2) A consent authority may certify that a copy or extract of a control plan or an amendment to a control plan for which it is or was nominated as the consent authority is a true copy of the plan or part of the plan.
(3) The Minister may, where a request is made to him or her and where it is possible to do so, certify that a copy or extract of a planning instrument made or deemed to be made and repealed under the former Act or under an Act repealed by the former Act is a true copy of that planning instrument.
(4) The Minister may, where a request is made to him or her and it is possible to do so, certify that a copy or extract of a repealed control plan or an amendment to a repealed control plan in respect of an area of land in relation to which the Planning Authority is not the consent authority nominated under section 11 at the time of the application is a true copy of or extract from the repealed control plan.
(5) A copy of a plan, of an extract of a plan, of a planning instrument made or deemed to be made under the former Act or of a repealed control plan certified under subsection (2), (3) or (4) is admissible in a court or before a body or person acting judicially as prima facie evidence of the contents of the control plan, control plan amendment, repealed planning instrument under the former Act or repealed control plan, as the case may be.
PART 5 - ENFORCEMENT OF CONTROL PLANS
NO USE OR DEVELOPMENT EXCEPT IN ACCORDANCE WITH CONTROL PLANS, &c.
Subject to this Act, a person shall not use or develop land -
(a)to which a control plan applies except in accordance with the control plan; or
(b)to which an interim development control order applies except in accordance with the order and the control plan, if any, applying to the land.
Penalty:In the case of a natural person - $10,000 and $200 for each day during which the offence continues;
In the case of a corporation - $50,000 and $1000 for each day during which the offence continues.
NOTICE TO CEASE
(1) Without derogating from section 37, where land is being used or developed in contravention of a control plan or an interim development control order, the consent authority may serve on the owner of the land a notice to cease in the approved form requiring the owner to cease the use or development.
(2) Where an owner has been served with a notice to cease under subsection (1), he or she shall immediately cease to use or develop the land in contravention of the control plan or interim development control order.
Penalty:In the case of a natural person - $10,000 and $500 for each day during which the offence continues;
In the case of a corporation - $50,000 and $2500 for each day during which the offence continues.
PART 6 - EXISTING USES
INTERPRETATION
(1) In this Part, unless the contrary intention appears -
"existing non-conforming use" means a use of land (including an existing building or existing works) lawful under this Act immediately before the commencement of a control plan or a control plan amendment and which would, except for this Part, be unlawful under this Act by virtue of that plan or amendment and includes a non-conforming use;
"former control plan", in relation to land, means the control plan that applied to the land immediately before the commencement of the control plan currently applying to the land;
"non-conforming use" means a use of land not permitted under a control plan otherwise than in accordance with a consent under section 45.
(2) In relation to a control plan, a building is an existing building or works are existing works for the purposes of this Part, if -
(a)it or they -
(i)was or were in existence or being carried out immediately before the commencement of the control plan or control plan amendment; or
(ii)is or are completed as referred to in section 41; and
(b)after the commencement of the control plan or control plan amendment, the land is used or the works continue to be carried out for the same purposes as those for which it was used or they were being carried out or was or were permitted to be used or carried out immediately before the commencement of the control plan or control plan amendment.
EXISTING USES PROTECTED
(1) Subject to subsection (2), a person does not contravene a contro-l plan by reason only of continuing an existing non-conforming use after the commencement of the provision of the control plan with which the use conflicts.
(2) A person may continue an existing non-conforming use only where -
(a)the use is restricted to the part of the land on which, immediately before the commencement of the provision of the control plan with which it conflicts, the use took place; and
(b)the intensity of the use is not greater than the intensity of use immediately before the commencement of the provision of the control plan with which it conflicts.
EXISTING CONSTRUCTION OR WORKS PROTECTED
(1) A person does not contravene a control plan by reason only of continuing works (whether or not to completion) after the commencement of the provision of the control plan with which those works conflict if -
(a)the works were lawful under a development permit in force immediately before that commencement; or
(b)the works were -
(i)otherwise lawful under this Act; and
(ii)substantially commenced,
immediately before the commencement of the provision.
(2) A building or works to which this section refers may be used for the purpose for which it was or they were constructed.
(3) Sections 57 and 58 do not apply to a development permit referred to in subsection (1).
REPAIRS AND MAINTENANCE
A person may perform repair work on or maintain an existing building or existing works, which repair work or maintenance would, except for this section, constitute unauthorised development, if the repair work or maintenance is not so extensive as to constitute a modification or alteration of the building or works for which the Minister's consent should be sought under section 43(1)(b).
APPLICATION FOR CONSENT TO CERTAIN USES
(1) The owner of land, or a person authorised in writing by the owner, may, in accordance with subsection (2), apply in the approved form, accompanied by the prescribed fee, for the Minister's consent to -
(a)engage in a non-conforming use of the land in the place of an existing non-conforming use; or
(b)to modify or alter works or a building on the land, where such activities would not otherwise be permitted in respect of an existing non-conforming use.
(2) An applicant shall lodge his or her application with the consent authority in respect of the land to which the application relates.
(3) Where the consent authority receives an application under subsection (2) it shall notify or cause the applicant to notify, in the prescribed manner and form -
(a)that an application has been made under this section;
(b)of the details of the application; and
(c)that a member of the public may make a submission in respect of the application within such period, ending not earlier than 14 days after the date on which notice was given, as is specified in the notice.
(4) A person may make a submission to the consent authority in respect of an application under this section.
(5) A consent authority may invite a person who has made a submission to it in respect of an application under this section to appear and to give evidence at a hearing of the application.
(6) The consent authority may charge the applicant the reasonable cost of notification in accordance with this section.
CONSENT AUTHORITY TO CONSIDER AND REPORT
Where a consent authority receives an application under section 43, it shall, after the expiration of 14 days after notice is given under subsection (3) of that section -
(a)consider the application by applying the criteria specified in section 45(2) or (3);
(b)have regard to all submissions, if any, made under section 43;
(c)have regard to all land use objectives, if any, declared in respect of the land to which the application relates; and
(d)where it is not the Minister, submit to the Minister -
(i)a recommendation that the Minister consent conditionally or unconditionally, or refuse to consent, to the proposal in the application; and
(ii)its written reasons for the recommendation.
DETERMINATION OF APPLICATION FOR CONSENT
(1) The Minister shall, as soon as practicable -
(a)after receiving an application under section 43 and considering it under section 44(a); or
(b)where the Minister is not the consent authority in respect of the land to which an application relates, after -
(i)the expiration of the period for making submissions of which notice has been given under section 43; and
(ii)considering the recommendation of the consent authority under section 44(d),
determine the application by -
(c)consenting, conditionally or unconditionally; or
(d)refusing to consent,
to the proposal in the application.
(2) Notwithstanding a control plan, the Minister shall not consent to the proposal in an application under section 43(1)(a) unless the use to be substituted for the existing non-conforming use would, in the opinion of the Minister, be less detrimental to the amenity of the area in which the land is situated than the existing non-conforming use.
(3) The Minister shall not consent to the proposal in an application under section 43(1)(b) unless, in his or her opinion, the modification or alteration proposed will not -
(a)adversely affect the amenity of the area in which the land is situated;
(b)result in a substantial increase in the physical size of a building, as determined by the floor area, storage capacity or other structural dimensions considered by the Minister to be relevant; or
(c)result in a substantial increase in the intensity of the use of the land.
(4) The Minister shall, as soon as practicable after deter-mining an application under subsection (1), give to -
(a)the applicant; and
(b)where the consent authority is not the Minister - the consent authority,
written notice of the determination.
(5) Where the Minister approves an application under this section in relation to a proposal referred to in section 16 of the Unit Titles Act, the building to which the approval relates is deemed to conform with the relevant control plan for the purposes of that section.
ABANDONMENT OF EXISTING NON-CONFORMING USES
A person is conclusively presumed to have abandoned an existing non-conforming use if he or she discontinues the use for a continuous period of not less than 12 months or such longer period as the Minister determines under section 47(4)(a).
EXTENSION OF PERIOD
(1) An owner of land, or a person authorised in writing by the owner, may, within 12 months after discontinuing an existing non-conforming use, apply to the Minister, in the approved form accompanied by the prescribed fee, for an extension of the period referred to in section 46.
(2) An application under subsection (1) shall be delivered to the consent authority.
(3) Where the consent authority, not being the Minister, receives an application under subsection (2), it shall -
(a)consider the application; and
(b)submit to the Minister -
(i)a recommendation that the Minister consent conditionally or unconditionally or refuse to consent to the proposal in the application; and
(ii)its written reasons for the recommendation.
(4) Subject to this Act, the Minister shall, after considering the recommendation, if any, of the consent authority under subsection (3), determine an application under subsection (1) by -
(a)extending, either conditionally or uncondition-ally; or
(b)refusing to extend,
the period.
(5) The Minister shall, as soon as practicable after deter-mining an application under subsection (4), issue to the applicant and, where the consent authority in respect of the land is not the Minister, the consent authority, notice of the determination.
PART 7 - DEVELOPMENT APPLICATIONS
Division 1 - Preliminary
APPLICATION
This Part applies -
(a)where a control plan permits development only with the consent of the consent authority;
(b)to the subdivision or consolidation of freehold or leasehold land; and
(c) where, under an interim development control order, the consent of a consent authority to a development is required.
DEVELOPMENT APPLICATIONS
(1) The owner of land, or a person authorised in writing by the owner, may, in the approved form accompanied by the prescribed fee, apply to the consent authority for consent to carry out a development on the land.
(2) A development application shall contain an assessment of the effect of the proposed development on the area in which the land is situated.
(3) A consent authority to which an application has been made under subsection (1) may require the applicant to provide it with such additional information as it considers necessary in order to enable the proper consideration of the application.
Division 2 - Determination of
Development Applications
NOTIFICATION OF PROPOSAL
(1) Where a development application is received by a consent authority, the consent authority shall, before it determines the application, notify, or require the applicant to notify, in the prescribed manner and form -
(a)that a development application has been made;
(b)of the details of the application; and
(c)that a member of the public may make a submission in respect of the application within such period, ending not earlier than 14 days after the date on which notice was given, as is specified in the notice.
(2) Where a development application in respect of land within the jurisdiction of a local authority is received by the consent authority, the consent authority shall notify, in writing, the local authority -
(a)that a development application has been made;
(b)of the details of the application; and
(c)that it may make a submission in respect of the application within such period, ending not earlier than 14 days after the date on which notice was given, as is specified in the notice.
(3) A person or local authority who or which has been notified of a development application under this section may, within the period specified under subsection (1) or (2), make a submission to the consent authority and, where the consent authority receives such a submission, it shall consider the submission before determining the application.
(4) A consent authority shall, at the request of a local authority notified under subsection (2), permit a representative of the local authority to attend and give evidence at a hearing of the development application.
(5) A consent authority may invite -
(a)a person; or
(b)where the person is not a natural person, a representative of the person,
who has made a submission to it in respect of a development application to appear and to give evidence at the hearing of the application.
(6) The consent authority may charge the applicant the reasonable cost of notification in accordance with this section.
MATTERS TO BE TAKEN INTO ACCOUNT
A consent authority shall, in considering a development application, take into account -
(a)the land use objectives, if any, relating to the land;
(b)the control plan or an interim development control order, if any, applying to the land; and
(c)the following matters:
(i)where a report or final statement within the meaning of the Environmental Assessment Act has been prepared in relation to the proposed development - the contents of the report or statement and the results of any assessment of the report or statement under that Act by the Minister administering that Act;
(ii)the merits of the proposed development;
(iia)an environment protection objective, within the meaning of the Waste Management and Pollution Control Act, that is relevant;
(iii)the physical characteristics of the land and its suitability for the purposes of the proposed development;
(iv)the public facilities or public open space available in the area in which the land is situated and the requirement, if any, for such facilities or land to be provided by the developer;
(v)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 such utilities, infrastructure or land to be provided by the developer for that purpose;
(vi)the potential impact on the existing and future amenity of the area in which the land is situated;
(vii) the public interest;
(viii)any submissions received from a local authority or a person under section 50; and
(ix)such other matters as it thinks fit.
DETERMINATION OF DEVELOPMENT APPLICATIONS
(1) Subject to this Act, a consent authority shall, as soon as practicable after receiving it, determine a development application by -
(a)consenting, either conditionally or unconditionally, to -
(i)the proposed development; or
(ii)the proposed development as amended by the consent authority in such manner as it thinks fit,
and issuing a development permit or permits, in the approved form; or
(b)refusing to grant its consent and issuing a notice of refusal in the approved form.
(2) As soon as practicable after a consent authority determines an application under subsection (1), it shall -
(a)serve on the applicant a statement of the reasons for the determination; and
(b)where a submission has been made under section 50(3) in respect of the development application to which the determination relates - make available for inspection and purchase by the public a copy of the statement of the reasons for the determination.
(3) Where the Minister is not the consent authority, a statement of the reasons for the determination shall contain a statement as to whether the applicant has a right to appeal to the Appeals Tribunal under Part 9 against a condition imposed on a permit, the refusal to grant a permit or the amendment of a proposal in a development application.
(4) A consent authority shall advise the local authority, if any, in respect of the land to which an application relates as to whether consent was given to the development proposal in the application and provide to the local authority a copy of the statement of the reasons for the determination, if any.
(5) Where the Minister directs a consent authority in respect of all or a part of a development permit, the consent authority shall state in the statement of reasons provided to the applicant that all or a specified part of the development permit, as the case may be, was subject to a direction of the Minister and shall not be the subject of an appeal.
CONDITIONS MAY BE PLACED ON PERMITS
A consent authority may impose on a development such conditions as it thinks fit and specifies in the development permit, including a provision for the permit to lapse on a specified date.
CONDITIONS MAY RELATE TO STAGE OF DEVELOPMENT
A condition under section 53 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 where 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, whether the stage completed relates to all or part of the area of land to which the permit relates and notwithstanding that conditions relating to stages yet to be completed have not been complied with.
Division 3 - Duration of Development Permits
DEFINITIONS
In this Division, unless the contrary intention appears -
"date of consent" means -
(a)the date on which the consent authority issued the development permit under section 52(1); or
(b)where an appeal under Part 8 has been determined - the date on which the consent authority, in accordance with an order under section 103(4), issued or amended the development permit,
whichever is the later;
"base period of the permit" means -
(a)the period commencing on the relevant date of consent and extending to the date specified in the development permit as the date on which the permit will lapse;
(b)where no date on which the permit will lapse is specified in a permit, a period of 2 years after the relevant date of consent; or
(c)a period referred to in paragraph (a) or (b), as extended, if at all, under section 57.
DURATION OF PERMIT
(1) Subject to this Part, a development permit remains in force during the base period of the permit, and, where the duration of a permit is extended under this section or section 57, for the period of that extension.
(2) Where a consent is conditional on the carrying out of works and those works are substantially commenced in accordance with the permit within the base period of the permit, then the permit shall not lapse at the end of the base period of the permit but shall instead be automatically extended for another 2 years from the date on which it would otherwise lapse.
(3) A development permit which relates to a plan of subdivision or consolidation shall not lapse if within the base period of the permit, or within the period extended in accordance with this section or section 57, the plan of survey is approved under section 49(3) of the Licensed Surveyors Act.
(4) Subject to this Part, where a development under a development permit includes or consists of the establishment of or a change in a use, the development permit shall not lapse if the use has commenced in accordance with the permit within the base period of the permit or within the period extended in accordance with this section or section 57.
EXTENSION OF PERIOD OF PERMIT
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 in the approved form accompanied by the prescribed fee, for an extension of the base period of the permit or of the period during which the permit does not lapse after it has been extended in accordance with section 56(2) and 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,
and shall, where it does not make a determination in accordance with the application, give to the applicant a statement of its reasons.
Division 4 - Development Works
VARIATION OF CONDITIONS OF PERMIT
(1) The owner of land the subject of a development permit, or a person authorised by the owner, may, at any time before the permit lapses, apply to the consent authority, in the approved form accompanied by the prescribed fee, for a variation of a condition to which the development permit is subject.
(2) The consent authority may, in writing, vary a condition to which a permit is subject if satisfied that the variation would not result in the development being substantially different from the development originally permitted and shall, where it does not make a deter-mination in accordance with the application, give to the applicant a statement of its reasons.
(2) Where a notice of appeal within the meaning of the former Act was lodged with the former Appeals Committee and a hearing (other than a preliminary hearing) in respect of the matter was not held before the commencement date -
(a)the former consent authority in respect of the land to which the instrument relates shall be the consent authority for the purposes of the appeal; and
(b)this Act applies as if the application for appeal had been lodged with the Appeals Tribunal under this Act.
(3) [Omitted]
(4) Where a person had, immediately before the commencement date, a right of appeal to the former Appeals Committee under the former Act but had not lodged a notice of appeal under and within the meaning of the former Act before the commencement date -
(a)a notice of appeal may be lodged under and in accordance with Division 2 of Part 9 this Act as if the determination of the former consent authority were a determination under this Act; and
(b)the former consent authority under the former Act whose determination is the subject of the appeal is deemed to be the consent authority in respect of the land to which the request relates for the purposes of determining the appeal.
148.SAVING OF DETERMINATIONS OF FORMER APPEALS COMMITTEE
Without affecting the limitation period to which a claim is subject under the Limitation Act, a determination of the former Appeals Committee under section 147 of the former Act continues in existence as if it was made under section 103 of this Act.
149. APPEALS TO SUPREME COURT UNDER FORMER ACT
A person who was eligible under the former Act to appeal to the Supreme Court on a question of law may do so as if the former Act had not been repealed.
150. TRANSITIONAL REGULATIONS
(1) For the purposes only of ensuring the proper transfer of powers, functions and property and the continuity of rights and obligations of persons or bodies under the former Act, the Administrator may make such Regulations as he or she considers necessary or convenient to be made, notwith-standing that, but for this section, he or she may not have the power to make such Regulations.
(2) The power given by subsection (1) may only be exercised within one year after the commencement date but a regulation made under this section shall remain in force until repealed under this Act.
(3) Regulations made under this section may be made retrospective to the commencement date or any date after that commencement date and shall have force accordingly.
(4) To the extent that the provisions of the Regulations made under this section are inconsistent with this Act or a provision of an Act specified in the Regulations, the Regulations shall prevail.
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SCHEDULE 1
Section 65
Easements
Description
Sewerage easement.
Purpose
Supplying or conveying to, through or across the land a sewerage service.
Power
To break the surface of, dig, open up and use the land for the purpose of laying down, fixing, taking up, repairing, relaying or examining pipes for the purposes of the easement and of using and maintaining those pipes, and to enter the land at any time (if necessary with vehicles and equipment) for the purposes of the easement or exer-cising these powers.
_____________________________
Description
Water supply easement.
Purpose
Supplying or conveying to, through or across the land a water service.
Power
To break the surface of, dig, open up and use the land for the purpose of laying down, fixing, taking up, repairing, relaying or examining pipes for the purposes of the easement and of using and maintaining those pipes, and to enter the land at any time (if necessary with vehicles and equipment) for the purposes of the easement or exercising these powers.
_____________________________
Description
Drainage easement.
Purpose
Draining water, sewerage or other effluent from, through or across the land.
Power
To break the surface of, dig, open up and use the land for the purpose of laying down, fixing, taking up, repairing, relaying or examining drains or drainage pipes for the purposes of the easement and of using and main-taining such drains and pipes, and to enter the land at any time (if necessary with vehicles and equipment) for the purposes of the easement or exercising these powers.
_____________________________
Description
Electricity supply easement.
Purpose
Supplying or conveying to, through or across the land an electricity service.
Power
For the purposes of the easement -
(a)to enter on and pass, either with or without motor or other vehicles, along or over the land;
(b)to construct and lay under, on or above the surface of the land -
(i)ducts, pipes, poles, conductors, cables, wires and other works; and
(ii)incidental or ancillary works for the transmission of electricity (including, but not limited to, manholes and cable markers).
including but not limited to the construction on a portion of the land so designated in the plan poles, equipment for transforming electricity and incidental or ancillary works (including such walls or other structures as the proprietor of the easement considers necessary) to a height not exceeding the height shown in the plan, from the surface of the land;
(c)to break the surface of, dig, open up and use the land for the purposes of the easement or exercising these powers;
(d)to inspect, repair, alter, remove and replace works referred to in these powers; and
(e)to transmit electricity by means of any such works.
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Description
Electronic communications easement.
Purpose
Supply or convey to, through or across the land a communications service by electronic means.
Power
For the purposes of the easement -
(a)to enter on and pass, either with or without motor or other vehicles, along or over the land;
(b)to construct and lay -
(i)under the surface of the land, ducts, pipes, conductors, cables, wires and other works; and
(ii)on the surface of the land, incidental or ancillary works for the transmission of telecommuni-cation services (including, but not limited to, manholes and cable markers);
(c)to break the surface of, dig, open up and use the land for any of the purposes of the easement or exercising these powers; and
(d)to inspect, repair, alter, remove and replace any works referred to in these powers.
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Description
Energy supply easement.
Purpose
Supplying or conveying to, through or across the land gas, liquid fuels or water or other liquids in such a form or state as to be capable of conveying energy.
Power
To break the surface of, dig, open up and use the land for the purpose of laying down, fixing, taking up, repairing, relaying or examining pipes for the purposes of the easement and of using and maintaining those pipes, and to enter the land at any time (if necessary with vehicles and equipment) for the purposes of the easement or exer-cising these powers.
_____________________________
Description
General service easement.
Purpose
All of the purposes of -
(a)a sewerage easement;
(b)a water supply easement;
(c)a drainage easement;
(d)an electricity supply easement;
(e)an electronic communications easement; and
(f)an energy supply easement.
Powers
All of the powers in this Schedule relating to the purposes of the easement.
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SCHEDULE 2
Section 128
REPEALED ACTS
__________________________________________________________
Planning Act 1979 No. 48, 1979
Planning Act (No. 2) 1979 No. 116, 1979
Planning Act 1980 No. 24, 1980
Planning Amendment Act 1982 No. 27, 1982
Planning Amendment Act 1983 No. 75, 1983
Planning (Validation) Act 1984 No. 38, 1984
Planning Amendment Act 1985 No. 67, 1985
Planning Amendment Act 1987 No. 19, 1987
Planning Amendment Act 1989 No. 77, 1989
Planning Amendment Act 1992 No. 64, 1992
__________________________________________________________
_____________________________
Notes
1. The Planning Act comprises the Planning Act 1993 as amended by the other Acts specified in the following Table:
_________________________________________________________________
Act Number and Date of Date of
year assent by commencement
Administrator
_________________________________________________________________
Planning Act 1993 No. 85, 1993 31 Dec 1993 18 Apr 1994
Statute Law No. 50, 1994 20 Sept 1994 20 Sept 1994
Revision Act 1994
Statute Law No. 92, 1998 11 Dec 1998 11 Dec 1998
Revision Act
(No. 2) 1998
Waste Management No. 72, 1998 28 Sept 1998 9 June 1999
and Pollution
Control
(Consequential
Amendments)Act
1999
_________________________________________________________________
2. Regulation 5 and Schedule 3 of the Planning Regulations in force immediately before the commencement date of the Planning Act 1993 provide as follows:
TOWN AREAS
For the purposes of section 4 of the Act, the several areas of land specified in Schedule 3 are specified to be areas which are to be treated as towns."
"SCHEDULE 3
Regulation 5
LAND TO BE TREATED AS TOWNS
PART 1 - DARWIN
ALL THAT piece of land in the Hundreds of Ayers Bagot Bray Cavanagh Colton Guy Hughes Hutchison Parsons Paton and Strangways County of Palmerston, Northern Territory of Australia containing an area of 4350 km2 more or less bounded by lines described as follows:
Commencing at the intersection of low water mark of Port Darwin with a line west of Emery Point; thence generally northerly northeasterly easterly again northerly and southeasterly by the low water mark of Port Darwin Shoal Bay South Channel of Clarence Strait and Adam Bay to a point north of the intersection of the sea coast of Adam Bay with the right bank of the Adelaide River; thence south to the said intersection; thence generally southeasterly and southwesterly by the right bank of the Adelaide River to its intersection with the easterly prolongation of the southern boundary of former Section 1017 Hundred of Colton; thence westerly by the said prolongation to the southeastern corner of former Section 1017; thence northerly westerly again northerly again westerly again northerly again westerly again northerly again westerly again northerly again westerly and southerly by eastern northern eastern northern eastern northern eastern northern eastern northern and western boundaries of Woolnough Reserve as notified in Gazette No. 68 of 13 September 1951 to the northeastern corner of Section 1044 Hundred of Cavenagh; thence westerly by the northern boundaries of Section 1044 and 1045 to the northwestern corner of Section 1045; thence westerly by the westerly prolongation of the northern boundary of Section 1045 to the northeastern corner of Section 921; thence generally westerly by the northern boundaries of Section 921 and 922 to the northwestern corner of Section 922; thence westerly by the westerly prolongation of the northern boundary of Section 922 to the northeastern corner of Section 850; thence westerly by the northern boundaries of Section 850, 849, 848 and 847 to the northwestern corner of Section 847; thence westerly by the westerly prolongation of the northern boundary of Section 847 to the northeastern corner of Section 826; thence westerly by the northern boundaries of Sections 826, 825, 824 and 823 to the most eastern northwestern corner of Section 823; thence westerly by the westerly prolongation of a northern boundary of Section 823 to the most western northeastern corner of Section 823; thence westerly by a northern boundary of Section 823; and its westerly prolongation to the northeastern corner of Section 814; thence westerly by the northern boundary of Section 814 and a northern boundary of Section 813 to the most eastern northwestern corner of Section 813; thence westerly by the westerly prolongation of a northern boundary of Section 813 to the most western northeastern corner of Section 813; thence westerly by a northern boundary of Section 813 and northern boundaries of Sections 812 and 811 to the northwestern corner of Section 811; thence westerly by the westerly prolongation of the northern boundary of Section 811 to the northeastern corner of section 2199; thence westerly by the northern boundaries of Sections 2199, 2198, 2197 and 2196 to the northwestern corner of section 2196; thence westerly by the westerly prolongation of the northern boundary of Section 2196 to the northeastern corner of Section 2195 Hundred of Hughes; thence westerly by the northern boundaries of Section 2195 and 2194 to the northwestern corner of Section 2194; thence westerly by the westerly prolongation of the northern boundary of Section 2194 to the northeastern corner of Section 2729; and its westerly prolongation to its intersection with the southerly prolongation of the eastern boundary of Section 2200; thence northerly by the said prolongation and the eastern boundaries of Section 2200 and 2272 to the northeastern corner of Section 2272; thence northerly by the northerly prolongation of the eastern boundary of Section 2272 to the southeastern corner of Section 990; thence northerly by the eastern boundaries of Sections 990 and 2260 to the northeastern corner of Section 2260; thence westerly by the northern boundaries of Sections 2260, 2259, 2258 and 2257 to the northwestern corner of Section 2257; thence westerly by the westerly prolongation of the northern boundary of Section 2257 to the northeastern corner of Section 986; thence northerly by the northerly prolongation of the eastern boundary of section 986 to the southeastern corner of Section 2504; thence northerly by the eastern boundaries of Sections 2504 and 2503 to the northeastern corner of Section 2503; thence northerly by the northerly prolongation of the eastern boundary of Section 2503 to the southeastern corner of Section 2512; thence northerly by the eastern boundaries of Section 2512 and 2513 to the northeastern corner of Section 2513; thence westerly by the northern boundaries of Sections 2513 and 2514 to the northwestern corner of Section 2514; thence southerly by part of the western boundary of Section 2514 to its intersection with the left bank of the Charlotte River; thence generally northwesterly by the left bank of the said river to its intersection with the sea coast of Bynoe Harbour; thence northwest by a line to its intersection with the low water mark of Bynoe Harbour; thence generally northwesterly northerly and southeasterly by the low water mark of Bynoe Harbour Turnbull Bay Port Patterson and Beagle Gulf to its intersection with a line east of West Point; thence southeasterly by a line to the point of commencement and including those parts above low water mark of Crocodile Island but excluding therefrom the Town of Darwin as notified in Gazettes No. 47 of 5 July 1923, No. 4 of 19 January 1950, No. 86 of 4 November 1965, the Town of Nightcliff as notified in Gazettes No. 20 of 10 March 1949, No. 8 of 16 February 1956, No. 82 of 8 December 1960, No. 64 of 21 July 1966, No. 98 of 16 November 1967 and the Town of Sanderson as notified in Gazette No. 67 of 27 July 1972.
PART II - ALICE SPRINGS
ALL THAT piece of land near Alice Springs, Northern Territory of Australia containing an area of 295km2 more or less bounded by lines described as follows:
Commencing at the northwestern corner of Reserve No. 1098 as notified in Gazette No. 29 of 28 March 1963 thence easterly by a southern boundary of Pastoral Lease 563 (Bond Springs) to its intersection with a southwestern side of the North South Stock Route thence easterly across the said Stock Route and the Stuart Highway to a northeastern side of the said Stock Route thence easterly southerly again easterly by southern and western boundaries of Pastoral Lease 563 (Bond Springs) and part of a southern boundary of the said Pastoral Lease to a northwestern corner of Pastoral Lease 673 (Undoolya) thence southerly by a western boundary of the said Pastoral Lease and the western boundary of Reserve No. 1159 as notified in Gazette No. 66 of 12 August 1965 and its prolongation southerly to the northeastern corner of Reserve No. 1065 as notified in Gazette No. 49 of 8 June 1961 thence southerly by a western boundary of Pastoral Lease 673 (Undoolya) to the southeastern corner of Northern Territory Portion 1474 as delineated on Survey Plan S73/96 lodged with the Surveyor-General, Darwin thence westerly and northerly by southern and western boundaries of the said Portion to the northwestern corner of the said Portion thence westerly by the westerly prolongation of the northern boundary of Northern Territory Portion 1474 to the most eastern southeastern corner of Reserve No. 925 as notified in Gazette No. 55 of 28 July 1949 thence westerly by a southern boundary of the said Reserve to its intersection with a southeastern side of the Stuart Highway thence westerly across the said Highway to a northwestern side of the said Highway thence westerly by part of a southern boundary of Reserve No. 925 to the eastern corner of Northern Territory Portion 934 thence generally southwesterly and northwesterly by southeastern and southwestern boundaries of the said Portion to the western corner of the said Portion thence westerly northerly again westerly by southern western and southern boundaries of Reserve No. 925 to the southeastern corner of Northern Territory Portion 469 thence by lines bearing 359o 58' 15" 3233.94 m 315o 4' 40" 315.87 m 359o 37' 10" 317.86 m 32o 18' 45" 420.64 m to a point on a western boundary of Reserve No. 1437 as notified in Gazette No. 143 of 11 October 1973 thence northerly by part of a western boundary of the said Reserve to the most western northwestern corner of the said Reserve thence easterly and northerly by northern and western boundaries of Reserve No. 1437 to the most northern northwestern corner of the said Reserve thence northerly by the northerly prolongation of a western boundary of Reserve No. 1437 to the most western southwestern corner of Reserve No. 1098 thence northerly by the western boundary of the said Reserve to the point of commencement but excluding therefrom the Town of Alice Springs, as notified in Gazette No. 64 of 10 September 1974.
PART 111 - TENNANT CREEK
ALL THAT piece of land near Tennant Creek, Northern Territory of Australia containing an area of 240 km2 more or less bounded by lines described as follows:
Commencing at the intersection of a northwestern side of the Stuart Highway with the westerly prolongation of the northern boundary of Reserve No. 1060 as notified in Gazette No. 33 of 20 April 1961; thence easterly by the said prolongation and part of the northern boundary of the said Reserve to its intersection with the middle thread of Tennant Creek; thence generally northeasterly by the middle thread of the said Creek to a point 3 km west of the meridian of east longitude passing through Trigonometrical Station NTS 161 (Lone Star); thence south by the said meridian to its intersection with a southern boundary of Pastoral Lease 779 (Tennant Creek); thence easterly by the said boundary for a distance of 7 km; thence southerly by a line to its intersection with the easterly prolongation of the northern boundary of Northern Territory Portion 1717; thence westerly by the said prolongation to its intersection with a northeastern side of the North South Stock Route; thence southeasterly by the said side of the Stock Route to its intersection with the easterly prolongation of the southern boundary of Northern Territory Portion 1717; thence westerly by the said prolongation across the North South Stock Route and the Stuart Highway to the southeastern corner of the said Portion thence westerly by the southern boundary of the said Portion and its westerly prolongation to its intersection with the southerly prolongation of an eastern boundary of Pastoral Lease 779 (Tenant Creek); thence northerly and easterly by the said prolongation the said eastern boundary and a southern boundary of the said Pastoral Lease to its intersection with a western side of the North South Stock Route; thence easterly by the easterly prolongation of the said southern boundary across the said Stock Route to its intersection with a northwestern side of the Stuart Highway; thence generally northeasterly by the said side of the Stuart Highway to the point of commencement but excluding therefrom the Town of Tennant Creek as notified in Gazette No. 57 of 9 July 1970.
PART IV - KATHERINE
ALL THAT piece of land near Katherine, Northern Territory of Australia containing an area of 650 km2 more or less bounded by lines described as follows:
Commencing at the northern corner of Northern Territory Portion 1059; thence generally southeasterly by the northern boundaries of the said Portion to the western corner of Northern Territory Portion 1060; thence northeasterly by the northern boundary of the said Portion to the northwestern corner of Northern Territory Portion 1061; thence easterly by the northern boundary of the said Portion and across McAdden Road to a point 1000 m from the most eastern corner of the said Portion; thence by a line to a point on a western boundary of Northern Territory Portion 1594 (part Reserve No. 1606 as notified in Gazette No. G43 of 1 November 1977) and being 1500 m north of the most southern southwestern corner of the said Portion; thence southerly by part of a western boundary of the said Portion to the most southern southwestern corner of the said Portion; thence generally easterly northerly and northwesterly by southern eastern and northeastern boundaries of Northern Territory Portion 1594 to its intersection with the southwestern boundary of Reserve No. 1090 Katherine Gorge National Park as notified in Gazette No. 91 of 8 November 1962; thence southeasterly by part of the southwestern boundary of the said Reserve to the most northern corner of Northern Territory Portion 1026; thence southeasterly easterly and generally southerly by the northwest northern and eastern boundaries of the said Portion to the northwestern corner of Northern Territory Portion 1596 (part Reserve No. 1606 as notified in Gazette No. G43 of 1 November 1977); thence easterly and southerly by the northern and eastern boundaries of the said Portion to the southern corner of the said Portion; thence southerly by the prolongation of the eastern boundary of Northern Territory Portion 1596 to its intersection with a northeastern boundary of Northern Territory Portion 1596 to its intersection with a northeastern boundary of Northern Territory Portion 1026; thence by a line to the most eastern northeastern corner of Northern Territory Portion 1549; thence southerly and westerly by eastern and southern boundaries of the said Portion to the most northern northeastern corner of Northern Territory Portion 1275; thence southeasterly and generally southwesterly by the northeastern and southeastern boundaries of the said Portion and across the Stuart Highway and North Australia Railway to the southern corner of the said Portion; thence due west by a line to its intersection with the middle thread of the Katherine River; thence generally south westerly by the middle thread of the said River to its intersection with the southerly prolongation of the western boundary of Block 167; thence northerly by the said prolongation to the southwestern corner of Block 167; thence northerly by the western boundaries of the said Block to the most western northwestern corner of the said Block; thence easterly by the northern boundary of Block 167 and across a 20.12 m road to the most eastern northeastern corner of the said Block; thence northerly by the western boundary of Block 166 to the northwestern corner of the said Block; thence by a line across Florina Road to the most southern southwestern corner of Northern Territory Portion 1021; thence northwesterly westerly northerly and northeasterly by the southwestern southern western and northwestern boundaries of the said Portion; thence northerly by the western boundary of Northern Territory Portion 450 to the most eastern northeastern corner of Northern Territory Portion 1402; thence westerly and northwesterly by a northern and northeastern boundary of the said Portion to its intersection with the southeastern boundary of the Northern Territory Portion 1401; thence generally northeasterly by the southeastern boundaries of the said Portion to the most eastern corner of the said Portion; thence by a line across the Stuart Highway and North Australia Railway to the point of commencement but excluding therefrom the Town of Katherine as notified in Gazette No. 66 of 13 August 1970.
Table of Amendments
Section
3.(4) Added by No. 50, 1994, s. 12
Amended by No. 72, 1998, s. 3
146.(3)Omitted by No. 50, 1994, s. 12
150.(4) Amended by No. 50, 1994, s. 12
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___________________
0
0
0