Planning Regulations 2000 (NT)
NORTHERN TERRITORY OF AUSTRALIA
PLANNING REGULATIONS 2000
As in force at 3 March 2023
NORTHERN TERRITORY OF AUSTRALIA
As in force at 3 March 2023
PLANNING REGULATIONS 2000
Regulations under the Planning Act 1999
These Regulations may be cited as the
These Regulations come into operation on the commencement of the
(1) In these Regulations:
infringement notice , see regulation 18.infringement notice offence , see regulation 17.planning control provision means any provision or development requirement of a planning scheme that permits, prohibits, restricts or imposes conditions on a use or development of land.prescribed amount , see regulation 17.residential zone , see regulation 13.(2) The definitions in the NT Planning Scheme of the following terms apply to these Regulations:
(a) abattoir;
(b) animal boarding;
(c) bar-public;
(d) club;
(e) dwelling-group;
(f) dwelling-independent;
(g) dwelling-multiple;
(h) dwelling-single;
(i) excavation and fill;
(j) intensive animal husbandry;
(k) nightclub entertainment venue;
(l) warehouse.
(3) A reference in these Regulations to a type of zone in relation to land, a use or a development is taken to be a reference to the zone as defined or specified in the planning scheme that applies to the land, use or development.
(1) For the purposes of paragraph (h) of the definition of
subdivision in section 5(2) of the Act, the following subdivisions are prescribed:(a) subdivisions within Northern Territory Portions 1192 and 1316;
(b) a subdivision of a parcel of land for the purposes of enabling a trunk railway line to be constructed, if all the parts of the parcel that are not acquired for the purposes of the trunk railway line remain one parcel;
(c) subleases within Northern Territory Portion 1478;
(d) areas of land proposed for the development or use of, or being developed or used for, the following:
(i) an onshore gas plant near Wadeye community and a gas pipeline between the gas plant and the coastline in that locality;
(ii) a gas pipeline from Wadeye to Gove;
(e) areas of land on which there is, or there is proposed to be, telecommunications infrastructure;
(f) subdivisions comprising leases of land for the purpose of commercial forestry.
(2) In this regulation:
telecommunications infrastructure means telecommunications infrastructure, whether constructed before or after the commencement of subregulation (1)(e).
(1) The subdivisions mentioned in subregulation (2) are also prescribed for paragraph (h) of the definition of
subdivision in section 5(2) of the Act.(2) Subdivisions comprising leases granted after the commencement date and before 30 June 2023 over Aboriginal land:
(a) to the Chief Executive Officer (Housing); or
(b) to another body established under a law of the Territory; or
(c) to Indigenous Essential Services Pty Ltd ACN 105 269 636.
Example of a body established under a law of the Territory
The Power and Water Corporation established by section 4 of the Power and Water Corporation Act 1987.
(3) In subregulation (2):
Aboriginal land , see section 3(1) of theAboriginal Land Rights (Northern Territory) Act 1976 (Cth).commencement date means:(a) for regulation 3A(2)(a) and (b) – the day on which the
Planning Amendment Regulations (No. 2) 2009 commenced; and(b) for regulation 3A(2)(c) – the day on which section 4 of the
Planning Legislation Amendment Act 2016 commenced.
Chief Executive Officer (Housing) , see section 6 of theHousing Act 1982 .
(1) For section 3(1) of the Act, definition
consolidation , paragraph (e), a consolidation effected by the creation of an indefeasible title under section 54G(3)(d) of theLand Title Act 2000 following the termination of a development under the Termination Act is prescribed.(2) In this regulation:
For section 40(7) of the Act, the following details must be included in the notice of a decision relating to an application for the grant or variation of an exceptional development permit:
(a) the Lot, Section or Portion number of the land to which the notice relates and the street address of the land;
(b) the zone of the land;
(c) if the notice relates to a decision:
(i) to grant a permit – a brief summary of the development or use permitted under the permit; or
(ii) to refuse to grant a permit – a brief summary of the development or use proposed in the application; or
(iii) to vary a permit – a brief summary of the variation and the development or use permitted under the permit as varied; or
(iv) to refuse to vary a permit – a brief summary of the variation proposed in the application.
5 Development application made by electronic transmission
For section 46(2A) of the Act, a development application may be made by email, CD-ROM or other manner of electronic transmission if:
(a) the transmission is capable of being received and processed by equipment used by the consent authority; and
(b) the manner of transmission allows for reproduction by the consent authority of hard copies in the same format and of the same quality as the original document, including colour reproduction if applicable.
(1) For sections 30C(4)(j)(iii) and 46(3)(l)(iii) of the Act, the following information about the development must be specified in the plan:
(a) details of each exclusive use by-law that applies, or will apply, to any part of the scheme land;
(b) if the scheme is intended to be developed progressively:
(i) the boundaries of the scheme land affected by each stage of the development; and
(ii) a statement of the broad concepts for the implementation of each stage.
(2) In this regulation:
exclusive use by-law , see section 97(1) of theUnit Title Schemes Act 2009. intended to be developed progressively , in relation to a scheme, see section 64(1) and (2) of theUnit Title Schemes Act 2009 .stage , see section 5 of theUnit Title Schemes Act 2009 .
(1) For section 47(2) of the Act, this regulation prescribes the manner and form of the public notice for a development application required under that section of the Act.
(2) A notice must be published in one or both of the following ways:
(a) on a website or other electronic platform that is capable of informing the persons affected by the development;
(b) in a newspaper circulating in the area in which the land is located or the Territory generally.
(3) One or more signs must be posted on or in the vicinity of the land to be developed unless:
(a) the location of the land makes posting the sign an ineffective means of informing the persons affected by the development; and
(b) the notice under subregulation (2) is likely to notify the persons affected by the development.
6A Notices and signs (1) Subregulation (2) prescribes the information regarding a development application that must be included in the following notices and signs:
(a) a notice and sign under section 47 of the Act;
(b) a notice under section 47B of the Act.
(2) In addition to the information required under section 47(2) of the Act, the notices and signs must include the following information:
(a) the Lot, Section or Portion number of the land to which the development application relates and the street address of the land;
(b) the current zone of the land;
(c) the place where or the manner in which the public can view a copy of the development application;
(d) a description of how submissions about the development application may be lodged.
(3) Any sign posted under section 47 of the Act must:
(a) be posted on, or within a reasonable distance from, each public road frontage of the land; and
(b) be clearly legible to a person from a location on the public road nearest to the land; and
(c) be posted during at least the submission period specified for the development application.
6B Removing sign during submission period (1) Any sign posted under section 47 of the Act must not be removed until after the end of the submission period.
(2) A person commits an offence if:
(a) the person removes a sign; and
(b) the sign was posted under section 47 of the Act; and
(c) the removal occurred before the end of the submission period.
Maximum penalty: 10 penalty units.
(3) Strict liability applies to subregulation (2).
For section 47(5)(a) of the Act, the minimum submission period for the following developments is 28 days:
(a) development of a building of more than 3 storeys above ground in Alice Springs or Katherine;
(b) development of a building of more than 8 storeys above ground in Darwin or Palmerston, other than in Zone CB;
(c) development of more than 50 dwellings on one site, other than in Zone CB;
(d) development of a building with a gross ground floor area exceeding 10 000 m
2 , other than:(i) a building in Zone DV, LI or GI; and
(ii) an education establishment;
(e) development of premises for animal boarding or intensive animal husbandry in a residential zone or within 500 m of a residential zone;
(f) development of an abattoir;
(g) development of a bar-public, club or nightclub entertainment venue that is within 100 m of a residential zoned lot, other than in Zone CB;
(h) development of a subdivision of land, other than under a masterplan and associated staging plan, to:
(i) create more than 30 lots; or
(ii) create more than 5 lots in Zone RR or RL; or
(iii) subdivide vacant land under the
Unit Titles Act 1975 or theUnit Title Schemes Act 2009 in Zone RR, RL or R;
(i) development with an estimated cost of $25 million or more outside Zone CB or DV;
(j) excavation and fill of land in Zone RR, RL, R or H;
(k) clearing of native vegetation on unzoned land of more than 5ha or land in Zones A, CN, H, R, RD and WM;
(l) development of a new hospital.
(1) For section 47B(1)(a) of the Act, the following are prescribed as people requiring privacy:
(a) victims of sexual assault, people at risk of domestic violence and other people requiring protection from the risk of violence;
(b) people at risk of harm who are under the care and protection of a government agency or any other organisation providing community welfare services.
(2) For section 47B(2) of the Act, notice for a development application solely for consent to use or develop land to accommodate people requiring privacy must be given to the following persons:
(a) any person who owns land adjoining the land to which the development application relates;
(b) if the land to which the development application relates adjoins a public road – the owner of each of the 3 parcels of land closest to and on the opposite side of the road;
(c) any other person the consent authority considers should be notified of the application.
8A Limited notice – developments without significant impact (1) For section 47B(1)(b) of the Act, the following are prescribed as developments that will not have a significant effect on the existing and future amenity of the locality:
(a) development on land on which a dwelling-single was built, or is to be built, if:
(i) a planning scheme or an interim development control order allows the development without consent subject to compliance with development requirements; and
(ii) consent is required only because the development will not fully comply with development requirements relating to the distance between the dwelling, or a structure ancillary to the dwelling, and one or more boundaries of the land; and
(iii) any boundary referred to in subparagraph (ii) does not adjoin a public thoroughfare;
(b) development on land zoned for industrial use if:
(i) a planning scheme or interim development control order allows the development without consent but includes development requirements relating to the development; and
(ii) consent is required only because the development will not fully comply with the development requirements; and
(iii) the land does not adjoin a residential zone.
(2) For section 47B(2) of the Act, notice for a development application referred to in subregulation (1)(a) must be given to the following persons:
(a) any person who owns land adjoining the boundary referred to in subregulation (1)(a)(ii);
(b) any other person the consent authority considers should be notified of the application.
(3) For section 47B(2) of the Act, notice for a development application referred to in subregulation (1)(b) must be given to the following persons:
(a) any person who owns land adjoining the land to which the development application relates;
(b) any other person the consent authority considers should be notified of the application.
8C Matters to be taken into account for proposed subdivision of non-vacant land (1) This regulation applies to a concurrent application or development application for a proposed subdivision of land on which a building is situated.
(2) For section 30P(2)(o) or 51(q) of the Act, the consent authority must take into account whether parts of the building are suitable for separate ownership or occupation, having regard to the following:
(a) the structural integrity of the building;
(b) the fire safety qualities of the walls and other proposed boundaries within the building;
(c) if the building is situated in a part of the Territory to which Part 6 of the
Building Act 1993 applies under section 6 of that Act – the requirements in relation to structural integrity and fire safety prescribed under that Act at the date the development application was made.
Part 3 Developer contributions
For section 67 of the Act, definition of
(a) sewer systems;
(b) potable and non-potable water supply systems;
(c) electricity supply systems;
(d) roads;
(e) stormwater drainage systems;
(f) telecommunications systems;
(g) street and road lighting systems;
(h) any ancillary plant, equipment, works or fixture related to the systems or roads specified in paragraphs (a) to (g).
A declaration for the purposes of section 73(1) of the Act by a service authority that is the Territory is to be made by instrument in writing signed by the Minister with primary responsibility for the provision of infrastructure of the type provided by the service authority.
For the purposes of section 73(2)(b)(i) of the Act, the prescribed rate of interest is 1% higher than the standard overdraft rate set from time to time by the Commonwealth Bank.
(1) A zone in land to which the NT Planning Scheme applies is a residential zone if it is specified in the planning scheme, or in a map to which the planning scheme refers, as one of the following:
(a) LR – Low Density Residential;
(b) LMR – Low Medium Density Residential;
(c) MR – Medium Density Residential;
(d) HR – High Density Residential;
(e) CV – Caravan Parks;
(f) CL – Community Living;
(fa) RL – Rural Living;
(g) RR – Rural Residential.
(2) Each of the following specific use zones in the NT Planning Scheme is a residential zone:
(a) SA2;
(b) SD1, SD8, SD10, SD11, SD12, SD13, SD17, SD19, SD20 and SD21;
(c) SK1 and SK3;
(d) SP2, SP3 and SP4.
(3) A zone in land to which the Jabiru Town Plan applies is a residential zone if it is specified in the planning scheme, or in a map to which the planning scheme refers, as a Residential Zone.
Note for subregulation (3)
Under section 184 of the Act, the Jabiru Town Plan is taken to be a specific planning scheme.
(4) A zone specified as a specific use zone in a planning scheme, or in a map to which the planning scheme refers, is a residential zone if:
(a) the zone is established (including by changing an existing zone) by an amendment of the planning scheme that takes effect after the commencement of this regulation; and
(b) a provision of the planning scheme requires the land in the zone to be developed and used predominantly for dwellings not exceeding 2 storeys above ground level.
13A Rights of review (1) For section 111(1)(i) of the Act, there is a right of review of a decision to take no further action under section 79A(1)(a) of the Act in response to a complaint, unless the complaint relates to a development referred to in regulation 14(3).
(2) For section 111(2)(c) of the Act, there is no right of review if the decision relates to any proposed development on land to which a planning control provision applies under regulation 14(3).
(1) This regulation specifies circumstances under which there is no right of review under section 117 of the Act against a determination of the consent authority relating to development on land to which the NT Planning Scheme applies.
(2) There is no right of review if the determination relates to the subdivision or consolidation of land.
(3) There is no right of review if the determination relates to any of the following proposed developments on land to which a planning control provision applies:
(a) dwelling-single, dwelling-multiple or dwelling-group, not exceeding 2 storeys above ground level;
(b) setbacks for a dwelling-single;
(c) any other type of development on land in a residential zone if it complies with all the planning control provisions relating to the development;
(d) any other type of development on land that is not in a residential zone, or for which no zone is specified, unless the land:
(i) is adjacent to land in a residential zone; or
(ii) is directly opposite land in a residential zone and is on the other side of a road with a reserve of 18 m or less in width.
15 Jabiru Town Plan – when no right of third party application for review
(1) This regulation specifies circumstances under which there is no right of application for review under section 117 of the Act against a determination of the consent authority relating to development on land to which the Jabiru Town Plan applies.
(2) There is no right of application for review if the determination relates to the subdivision or consolidation of land.
(3) There is no right of application for review if the determination relates to any of the following proposed developments on land to which a planning control provision applies:
(a) single dwelling or multiple dwelling not exceeding 2 storeys above ground level;
(b) setbacks for a single dwelling;
(c) any other type of development on land in a residential zone if it complies with all the planning control provisions relating to the development;
(d) any other type of development on land that is not in a residential zone, or for which no zone is specified, unless the land:
(i) is adjacent to land in a residential zone; or
(ii) is directly opposite land in a residential zone and is on the other side of a road with a reserve of 18 m or less in width.
Part 5 Miscellaneous matters
15A Qualifications of specialist advisors For section 84(5) of the Act, a person is eligible to be appointed as a specialist advisor if the person has the skills, qualifications or experience in one or more of the areas of expertise specified in regulation 16.
For section 89(4) of the Act, a person is eligible to be appointed as a specialist member if the person has skills, qualifications or experience in one or more of the following areas of expertise:
(a) architecture;
(b) building construction;
(ba) community development;
(c) engineering;
(d) environmental studies;
(e) land surveying;
(f) landscape design;
(g) law;
(h) property valuation;
(i) property development or management;
(j) town planning;
(k) urban design.
(1) An
infringement notice offence is an offence against a provision specified in the Schedule.(2) The
prescribed amount for an infringement notice offence is the monetary value of the penalty units specified in the Schedule for the offence for which the notice was given.
When authorised under section 80G of the Act, an authorised officer may give an
(1) The infringement notice must specify the following:
(a) the name and address of the person, if known;
(b) the date the infringement notice is given to the person;
(c) the date and time of the infringement notice offence and the place at which the infringement notice offence occurred;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
(f) the enforcement agency, as defined in the
Fines and Penalties (Recovery) Act 2001 , to which the prescribed amount is payable.
(2) The infringement notice must include a statement to the effect of the following:
(a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;
(b) the person may elect under section 21 of the
Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency;(c) if the person does nothing in response to the notice, enforcement action may be taken under the
Fines and Penalties (Recovery) Act 2001 .
(3) The infringement notice must include an appropriate form for making the statement of election referred to in subregulation (2)(b).
(1) If the person uses electronic means to pay the prescribed amount, payment is not effected until the amount is credited to the payee’s bank account.
(2) If the person tenders a cheque in payment of the prescribed amount, payment is not effected unless the cheque is cleared on first presentation.
(1) The Minister or the Chair of the Development Consent Authority may withdraw an infringement notice, issued in the name of the Minister or Development Consent Authority respectively, by written notice given to the person.
(2) The notice must be given:
(a) within 28 days after the infringement notice is given to the person; and
(b) before payment of the prescribed amount.
22 Application of Part (1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice was given unless the offence is expiated.
(2) This Part does not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice was not given; or
(c) prevent more than one infringement notice for the same offence being given to a person.
(3) If more than one infringement notice for the same offence was given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.
regulation 17
section 75(2) | 4 | 20 |
section 75A(2) | 4 | 20 |
section 75B(2) | 4 | 20 |
section 75C(2) | 4 | 20 |
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 12 April 2000 | |
Commenced | 12 April 2000 | |
Notified | 31 March 2004 | |
Commenced | 31 March 2004 | |
Notified | 18 May 2005 | |
Commenced | 18 May 2005 | |
Notified | 21 September 2005 | |
Commenced | 30 September 2005 (r 2, s 2 | |
Notified | 20 December 2006 | |
Commenced | 1 February 2007 ( | |
Notified | 23 April 2008 | |
Commenced | 1 July 2008 (r 2, s 2 | |
Notified | 26 June 2009 | |
Commenced | 1 July 2009 (r 2, s 2 | |
Notified | 26 June 2009 | |
Commenced | 26 June 2009 | |
Notified | 20 December 2011 | |
Commenced | 20 December 2011 | |
Assent date | 12 July 2013 | |
Commenced | 28 August 2013 ( | |
Notified | 19 December 2013 | |
Commenced | 19 December 2013 | |
Notified | 16 April 2014 | |
Commenced | 1 May 2014 (r 2, s 2 | |
Assent date | 13 November 2014 | |
Commenced | pts 4, 9, 10 and 19: 1 June 2015 ( | |
Notified | 7 October 2015 | |
Commenced | 7 October 2015 | |
Notified | 23 December 2015 | |
Commenced | 23 December 2015 | |
Assent date | 13 July 2016 | |
Commenced | 28 July 2016 ( | |
Notified | 26 June 2018 | |
Commenced | 26 June 2018 | |
Notified | 31 July 2020 | |
Commenced | 31 July 2020 (r 2, s 2 | |
Assent date | 31 August 2021 | |
Commenced | pt 6: 2 October 2021; rem: 29 September 2021 ( | |
Assent date | 14 April 2022 | |
Commenced | pt 7: nc; rem: 25 May 2022 ( | |
Assent date | 2 March 2023 | |
Commenced | 3 March 2023 (s 2) | |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
pt 1 hdg ins No. 32, 2005, r 4
r 2A ins No. 24, 2020, r 4
r 3 amd No. 9, 2004; No. 11, 2005, r 3; No. 57, 2011, r 3; No. 23, 2015, r 3; No. 38, 2015, r 3
r 3A ins No. 25, 2009, r 3
amd No. 47, 2013, r 3; Act No. 29, 2016, s 14; No. 14, 2018, r 4
r 3B ins No. 23, 2015, r 4
pt 2 hdg ins No. 32, 2005, r 5
rr 4 – 5 sub No. 32, 2005, r 6
r 5A ins No. 24, 2009, r 4
amd No. 12, 2014, r 4
r 6 amd No. 32, 2005, r 7; No. 5, 2008, r 5
sub No. 24, 2020, r 5
r 6A ins No. 24, 2020, r 5
amd Act No. 19, 2021, s 96
r 6B ins Act No. 24, 2020, r 5
amd Act No. 19, 2021, s 97
r 7 amd No. 5, 2008, r 5
sub No. 24, 2020, r5
amd Act No. 19, 2021, s 98; Act No. 5, 2022, s 117
r 8 amd No. 32, 2005, r 8; Act No. 23, 2013, s 12
sub No. 24, 2020, r 5
r 8A ins No. 5, 2008, r 4
amd No. 24, 2009, r 5
sub No. 24, 2020, r 5
amd Act No. 5, 2022, s 118; Act No. 4, 2023, s 23
r 8B ins No. 5, 2008, r 4
sub No. 24, 2020, r 5
rep Act No. 19, 2021, s 99
r 8C ins No. 24, 2009, r 6
amd No.12, 2014, r 5
r 9 sub No. 24, 2020, r 6
pt 3 hdg ins No. 32, 2005, r 9
pt 4 hdg ins No. 32, 2005, r 10
sub No. 45, 2006, r 4
amd Act No. 35, 2014, s 143
r 12 ins No. 32, 2005, r 10
sub No. 45, 2006, r 4
rep No. 24, 2020, r 7
r 13 ins No. 32, 2005, r 10
sub No. 45, 2006, r 4
amd No. 5, 2008, r 5; No. 24, 2020, r 8
r 13A ins No. 24, 2020, r 9
r 14 ins No. 32, 2005, r 10
sub No. 45, 2006, r 4
amd Act No. 35, 2014, s 143; No. 24, 2020, r 10; Act No. 5, 2022, s 119
r 15 ins No. 32, 2005, r 10
sub No. 45, 2006, r 4
amd Act No. 35, 2014, s 143; No. 24, 2020, r 11
pt 5 hdg ins No. 24, 2020, r 12
r 15A ins Act No. 5, 2022, s 120
r 16 ins No. 24, 2020, r 12
amd Act No. 5, 2022, s 121
pt 6 hdg ins No. 24, 2020, r 12
rr 17 – 22 ins No. 24, 2020, r 12
sch 1 – 2 ins No. 32, 2005, r 10
rep No. 45, 2006, r 5
sch ins No. 24, 2020, r 12
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