Planning Act 1999

(1) As soon as practicable after the end of the exhibition period and (if applicable) after completing procedures for sections 30L and 30N, the consent authority must make a preliminary decision that, if the Minister were to approve the amendment proposal in the concurrent application, the authority would be likely to determine to:

(a) consent to the development proposal under section 30W(1)(a) or (b); or

(b) refuse to consent to the development proposal under section 30W(1)(c).

(2) Before making the preliminary decision, the consent authority must take into account all of the following matters in relation to the concurrent application:

(a) the planning scheme that applies to the land to which the application relates (the land);

(c) any significant development report given to the consent authority under section 30D(6)(c)(iii);

(e) any environment protection objective, as defined in section 4(1) of the Waste Management and Pollution Control Act 1998, that is relevant to the land;

(f) any information received as a result of consultations carried out, submissions received, or evidence given at a hearing;

(g) a matter that the Minister has, under section 30ZC(1), directed the consent authority to consider in relation to concurrent applications generally;

(i) the merits of the development proposal as demonstrated in the application;

(j) the capability of the land to support the development proposal and the effect of the proposal on the land, and on other land, the physical characteristics of which may be affected by the proposal;

(k) the public facilities or public open space available in the area in which the land is situated and any requirement for the facilities, or land suitable for public recreation, to be provided by the applicant;

(l) the public utilities or infrastructure provided in the area in which the land is situated and any requirement for:

(ii) facilities, infrastructure or land to be provided by the applicant;

(m) the potential impact on the existing and future amenity of the area in which the land is situated;

(n) the public interest, including (if relevant) how the following matters are provided for in the application:

(na) if the development proposal relates to a subdivision or consolidation of land in a Restricted Water Extraction Area – whether the subdivision or consolidation complies with the restrictions of sections 14A and 14B of the Water Act 1992 and the requirements of section 14C(1) of that Act;

(o) if the development proposal relates to a subdivision of land on which a building is, or will be, situated – whether the building complies, or will comply, with any requirements prescribed by regulation in relation to the building (including, for example, requirements about the structural integrity and fire safety of the building);

(p) any potential impact on natural, social, cultural or heritage values (including, for example, the heritage significance of a heritage place or heritage object under the Heritage Act 2011);

(q) any beneficial uses, quality standards, criteria, or objectives, that are declared under the Water Act 1992;

(2A) If a development proposal is required to be referred to the NT EPA under Part 4, Division 3 of the Environment Protection Act 2019, the consent authority must not make a preliminary decision under this section in relation to the development proposal unless:

(a) the NT EPA has determined that an environmental impact assessment is not required under that Act for that proposal; or

(b) if the NT EPA has determined that an environmental impact assessment is required – an environmental approval has been granted under that Act for the proposal and the decision is consistent with that approval; or

(c) the Environment Protection Act 2019 otherwise permits the making of the preliminary decision.

(3) If the consent authority considers additional information is necessary to enable it to make a preliminary decision, the authority may require the applicant to provide the information.