Planning Act 1999

This Act may be cited as the Planning Act 1999.

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

The purpose of this Act is to establish a system to facilitate planning for the orderly use and development of land to achieve the following objectives:

to ensure that strategic planning is applied to planning schemes and implemented in individual planning decisions;

to ensure that strategic planning reflects the wishes and needs of the community;

to ensure that appropriate public consultation and input are included in the formulation of planning schemes and the making of decisions under planning schemes;

to ensure that the planning system is clear, comprehensive, effective, efficient and accessible to the community;

to promote the sustainable development of land;

to promote the responsible use of land and water resources to limit the adverse effects of development on ecological processes;

to maintain the health of the natural environment and ecological processes;

to protect the quality of life of future generations;

to assist the provision of public utilities, infrastructure and facilities for the benefit of the community;

to promote the good design of buildings and other works that respects the amenity of the locality;

to assist the conservation and enhancement of places, areas, buildings, other works and landforms that are of cultural, aesthetic, architectural or historical value;

to respect and encourage fair and open decision making.

In this Act, unless the contrary intention appears:

alteration permit means a permit issued and (if applicable) varied under Part 4, Division 3.

amendment decision, in relation to a concurrent application, see section 30R(2).

amendment proposal, in relation to a concurrent application, see section 30(2).

amenity, in relation to a locality or building, means any quality, condition or factor that makes or contributes to making the locality or building harmonious, pleasant or enjoyable.

appointed member, in relation to the Commission, means a member appointed under section 81F(2) or (3).

approved form means a form approved under section 135A.

authorised officer means a person appointed under section 76.

base period of the permit, in relation to a development permit or an exceptional development permit, means the period commencing on the date of consent and ending on:

the date specified in the permit as the date on which the permit will lapse; or

if no date is specified in the permit as the date on which the permit will lapse – the date 2 years after the relevant date of consent.

building includes a structure of any kind (including a temporary structure) and part of a building or structure.

Chair means the person appointed as the Chair of the

Development Consent Authority under section 88(1) and includes a

Deputy Chair acting under section 88(3) or (4).

Chairperson means the person appointed to be the

Chairperson of the Commission under section 81F(2).

Commission means the Planning Commission established by section 81A.

committee means a committee of the Development Consent

Authority established under section 104.

community member means a member of the Development

Consent Authority who is appointed under section 89(1)(a) and includes an alternate community member acting under section 89(2).

concurrent application, see section 30(1).

consent authority has the meaning in section 4.

consolidation means the amalgamation of 2 or more parcels of land to form a single parcel but does not include:

a consolidation of pastoral land under section 64, 65 or 66 of the Pastoral Land Act 1992, if, after consolidation, the land remains pastoral land within the meaning of that Act;

a consolidation of land the subject of a grant of an estate or interest with land already held by the grantee for the purpose of section 16 or 24 of the Control of Roads Act 1953;

the consolidation of land vested in a local government council under section 272(3) of the Local Government Act 2019 with land adjoining that land if the consolidation takes place not later than 12 months after the vesting of the land in the local government council; or

a consolidation or class of consolidation prescribed for the purposes of this definition.

construct, in relation to a building, includes:

to build, re-build, erect or re-erect the building;

to make alterations to the building;

to enlarge or extend the building; and

to place or relocate the building on land.

contact details, in relation to a person, means the person's postal address or email address.

contribution means the amount, calculated under and in accordance with a contribution plan, payable in accordance with Part

6.

contribution plan means a contribution plan made under section 68.

council area means an area for which a council is constituted under the Local Government Act 2019.

covenant has the same meaning as in Part 9, Division 4 of the Law of Property Act 2000.

covenant in gross has the same meaning as in Part 9,

Division 4 of the Law of Property Act 2000.

date of consent, in relation to a development permit, means:

the date on which the consent authority issued the development permit under section 54; or

the date on which the consent authority, in accordance with an order under section 125(4) or 130(4), issued or amended the development permit,

whichever is the later.

Deputy Chair means a person appointed as a Deputy Chair of the Development Consent Authority under section 88(2).

development, in relation to land, means an activity that involves:

the establishment of, or a change in, the use of the land;

the subdivision or consolidation of the land; or

the carrying out of works on or in relation to the land, including:

excavation or land-filling;

the clearing of native vegetation;

the construction of a building;

the construction or upgrading of roads and drains, other than:

by a statutory corporation, by a statutory authority or corporation incorporated under an Act of the Commonwealth or by a local government council; or

if the works are carried out in pursuance of a statutory responsibility;

the construction or upgrading of hardstand car parking or landscaping; and

any other operation that affects the physical character of the land.

development application means an application under section 46.

Development Consent Authority means the Authority established by section 82 and includes a Division of the Authority.

development permit means a development permit issued under section 54 or taken to be issued under section 45, as varied under section 57, as varied pursuant to an order under section 130 or as modified under section 66.

development proposal, in relation to a concurrent application, see section 30(3).

Division, in relation to the Development Consent

Authority, means a Division established under section 83.

Division area means the area of a Division as specified in, or as amended by, a notice under section 83.

Division member, in relation to a Division of the

Development Consent Authority, means a person appointed under section

89 or 90 to be a member in respect of the Division and includes a person appointed under section 91, 93 or 94 to act in the office of a member of the Division while acting as that member.

easement has the same meaning as in Part 9, Division 2 of the Law of Property Act 2000.

easement in gross has the same meaning as in Part 9,

Division 2 of the Law of Property Act 2000.

element, in relation to a planning scheme, means any written provision, image, map, plan, design, diagram, requirement or other component of which a planning scheme is constituted.

enforcement notice means a notice issued under section 77.

exceptional development permit means a permit granted under section 40 as varied, if at all, under that section.

exhibition means:

in relation to a proposal – placing the proposal on exhibition under Part 2, Division 3, and giving notice of the proposal as required by that Division; or

in relation to a concurrent application – placing the application on exhibition under Part 2A, Division 3, and giving notice of the application as required by that Division.

exhibition period, for a concurrent application, see section 30F(3).

existing building has the meaning in section 33(3).

existing use has the meaning in section 33(1) or (2).

existing works has the meaning in section 33(4).

formula for calculation means a formula for the calculation of contributions that is referred to in section 69(4).

interim development control order means an interim development control order made under Part 3 that is in force from time to time.

land includes land covered by water and buildings constructed on land.

member means:

in relation to the Commission – a member mentioned in section 81F(1); and

in relation to the Development Consent Authority – any of the following:

the Chair;

a person appointed under section 89 or 90 as a member;

an alternate member appointed under section 91 while acting as a member;

a temporary member appointed under section 93 or 94 while acting as a member.

notice of refusal means a notice of refusal served under section 53C.

NT Planning Scheme means the Northern Territory

Planning Scheme referred to in section 7.

owner, in relation to land held under a lease from the

Territory, means the lessee of the land.

party, to a review under Part 9, has the meaning in section 118A.

period of exhibition, for Part 2, Division 3, see section 14.

permit, in relation to land, means any permit issued under this Act that applies to the land.

planning adviser means a planning adviser appointed under section 30A.

planning scheme includes the NT Planning Scheme and any specific planning scheme referred to in section 8.

policy area means a policy area within the meaning of section 69(3).

prescribed corporation means the corporation prescribed under section 9 of the Local Government Act 2019.

prescribed fee means a fee prescribed under section 135(1).

proposal, for Part 2, Division 3, see section 14.

Registrar means the Registrar within the meaning of the

Northern Territory Civil and Administrative Tribunal Act 2014.

Restricted Water Extraction Area means an area of land declared under section 14A(1) of the Water Act 1992.

scheme, see section 5 of the Unit Title Schemes Act

2009.

scheme land, see section 32(1) of the Unit Title

Schemes Act 2009.

service authority means the Territory, a minister, the

Power and Water Corporation established by the Power and Water

Corporation Act 1987 or a prescribed statutory corporation.

significant development proposal, in relation to land, see section 50A(1).

significant development report, see section 50B(1).

statutory corporation means a corporation, commission or authority incorporated by name for a public purpose by a law of the Territory, but does not include a local government council.

strategic framework, see section 9A.

subdivision has the meaning in section 5.

submission period, for a development application, means the period allowed for lodging submissions in relation to the application specified in the notice about the application.

Surveyor-General has the same meaning as in the

Licensed Surveyors Act 1983.

Tribunal means the Civil and Administrative Tribunal

works means:

any activity on land, other than mining or agriculture, resulting in a physical change to the land or a part of the land; or

the results of such an activity, other than a building.

zone, in relation to land, means the zone of the land as specified in a planning scheme or in a map to which a planning scheme refers.

If in this Act the expression default penalty appears in or at the foot of a section or subsection, section 80B applies in relation to the section or subsection.

Note for section 3

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act

Subject to subsections (4) and (6), if a Division of the

Development Consent Authority is not established in relation to an area of land, the Minister is the consent authority in relation to the land.

Subject to subsections (3) and (5), if a Division of the

Development Consent Authority is established in relation to an area of land, the Division is the consent authority in relation to the land.

If the Minister is nominated under section 31(3) as the consent authority in relation to an interim development control order, the

Minister is the consent authority in relation to:

if the order only relates to a type of development specified in the order – development of that type on the land to which the order relates; or

if the order does not specify that it only relates to a type of development – the land to which the order relates.

If a Division of the Development Consent Authority is nominated under section 31(3) as the consent authority in relation to an interim development control order, the Division is the consent authority in relation to:

if the order only relates to a type of development specified in the order – development of that type on the land to which the order relates; or

if the order does not specify that it only relates to a type of development – the land to which the order relates.

If the Minister directs the Development Consent Authority under section 85(3), the Minister is the consent authority in relation to the particular development application to which the direction relates.

If a Division of the Development Consent Authority is not established in relation to an area of land to which a concurrent application relates, the consent authority in relation to the land is the person or body appointed under section 30D(6)(b) to be the consent authority for the application.

Subject to subsections (2), (3) and (4), in this Act,

subdivision means the division of land into parts available for separate occupation or use, by means of:

sale, transfer or partition; or

lease, agreement, dealing or instrument purporting to render different parts of the land available for separate disposition or separate occupation.

Despite subsection (1), subdivision does not include:

a subdivision created by:

an acquisition or resumption of land or of an interest in land resulting from an action under the Lands Acquisition Act 1978 or the Crown Lands Act 1992;

an action under the Control of Roads Act 1953 or the

Local Government Act 2019 to open a road, or to create a parcel of land to be included in a future road, if all the parts of the parcel that are not or will not be acquired for the purposes of the road will remain one parcel;

the vesting of land in a local government council under section 272(3) of the Local Government Act 2019; or

a grant of an estate or interest in land for the purpose of section 16 or 24 of the Control of Roads Act 1953 if it is to be consolidated with the land already held by the grantee;

a subdivision that creates not more than 2 lots if one of the lots is or is intended to be a park or reserve within the meaning of the Territory Parks and Wildlife Conservation Act 1976;

the subdivision of pastoral land under section 61 or 66 of the

Pastoral Land Act 1992 if, after the subdivision, the land will remain pastoral land within the meaning of that Act;

a subdivision required under the Encroachment of Buildings Act

1982;

a sublease under the Pastoral Lands Act 1992;

a subdivision required under any other Act; or

a subdivision, or a subdivision of a class of subdivision, prescribed for the purposes of this section.

Land is not to be taken to be subdivided for the purposes of this Act:

by the grant of a lease, licence or other right to use or occupy a part of the land unless the lease, licence or other right is for a term of more than 12 years; or

by reason only of the lease of part of a building.

For the purposes of subsection (3), a lease, licence or other right to use or occupy a part of land that contains:

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

a provision for the granting of a further lease, licence or right for an additional term from the date of expiration of the lease, licence or right,

so that the aggregate of all the terms is more than 12 years is to be taken to be a lease, licence or right for a term of more than

12 years.

Despite subsection (1), subdivision also does not include a subdivision if:

the subdivision comprises one or more leases granted over

Aboriginal land (as defined in section 3(1) of the Aboriginal Land

Rights (Northern Territory) Act 1976 (Cth)); and

the leases were granted to Indigenous Essential Services Pty Ltd

ACN 105 269 636 after 29 June

2009 and before the commencement of this section.

Subsection (5) does not limit the power to make regulations under section 148 to prescribe exemptions for subsection (2)(h).

Part IIAA of the Criminal Code applies to an offence against this

Act.

Note for section 5A

Part IIAA of the Criminal

Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

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.

The Minister's functions under this Act are primarily the following:

to make and amend specific planning schemes under Part 2;

to make interim development control orders under Part 3;

to perform the functions of a consent authority in the circumstances specified in section 4;

to appoint members of the various bodies that perform functions under this Act;

to appoint persons who perform administrative or enforcement functions under this Act;

to prescribe fees, approve forms and perform administrative functions under this Act.

The Planning Commission's functions under this Act are specified in section 81B and relate primarily to the following:

to develop strategic planning for the Territory and maintaining the NT Planning Scheme;

to assist the Minister in carrying out the purpose and objectives of this Act.

A consent authority's function under this Act is to make decisions relating to applications to develop land.

The Development Consent Authority's function under this Act is to perform the functions of a consent authority in those places where it is established.

Part 2 Planning schemes and proposals

Division 1 Planning schemes

There is a Northern Territory Planning Scheme that applies in relation to the whole of the Territory except any area of land:

in relation to which another planning scheme applies; or

specified in the NT Planning Scheme as being excluded from the application of that Scheme.

The NT Planning Scheme may refer to an area of land by describing the land or referring to a map or plan of the land.

The Minister may, on the Minister's own initiative or following a request by a person or body, make a specific planning scheme that applies in relation to the area or areas of land described in the planning scheme or in a map to which the planning scheme refers.

The Minister may, on the Minister's own initiative or following a request by a person or body, repeal a specific planning scheme.

Divisions 2, 3, 4 and 5 apply in relation to the making or repeal of a specific planning scheme as if a reference in those

Divisions to an amendment of a planning scheme were a reference to the making or repeal of a specific planning scheme.

If the Minister makes or repeals a specific planning scheme on his or her own initiative, Divisions 3, 4 and 5 apply (with the necessary changes) in relation to that action as if the Minister had received a request for the specific planning scheme to be made or repealed.

A planning scheme must further the purpose and objectives of this Act.

A planning scheme must establish the planning provisions that apply to an area of land, which may include the following:

policies to be applied to the use or development of land;

provisions that permit, prohibit, restrict, impose conditions on or otherwise control the use or development of land;

provisions necessary or convenient to give effect to the planning scheme;

maps, plans, designs and diagrams.

A planning scheme may be comprised of the following elements:

a strategic framework for the land to which the planning scheme applies;

overlay provisions;

zone provisions;

use and development requirements;

interpretive provisions and administrative guidelines.

An element of a planning scheme may apply in relation to all or

part of the land to which the planning scheme applies.

A planning scheme may refer to, adopt or incorporate, with or without modification, a specified document, as in force at a particular time or as in force from time to time.

A planning scheme is to be interpreted and applied in accordance with its interpretative provisions.