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s 30S

Matters to be taken into account for amendment decision

In force
Part 2AConcurrent applications
Division 4Procedures and decisions relating to concurrent application placed on exhibition

30S Matters to be taken into account for amendment decision

(1)

In considering the amendment proposal in the concurrent application, the Minister must take into account all of the following matters in relation to the proposal:

(a)

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

(ab)

whether the amendment proposal promotes the purpose and objectives of this Act;

(ac)

any strategic framework in the planning scheme that applies to the land;

(b)

the development proposal in the application;

(c)

any significant development report given to the Minister as requested under section 30D(3);

(d)

any interim development control order in force for the land;

(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 report given to the Minister under section 30Q;

(h)

the merits of the amendment proposal and whether the proposal is in the public interest;

(i)

the capability of the land to support the amendment 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;

(j)

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

(k)

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

(i)

public facilities and services to be connected to the land; and

(ii)

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

(l)

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

(m)

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);

(n)

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

(o)

other matters the Minister considers relevant.

(2)

If an amendment proposal is required to be referred to the NT

EPA under Part 4, Division 3 of the Environment Protection Act

2019, the Minister must not make an amendment decision under section 30R in relation to the amendment 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 is 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 decision.

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Planning Act 1999 s 30S — Matters to be taken into account for amendment decision (Northern Territory) — Barrister AI