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:

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

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

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

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

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

(g) to maintain the health of the natural environment and ecological processes;

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

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

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

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

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

Minister is the consent authority in relation to:

(1) 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:

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

(2) Despite subsection (1), subdivision does not include:

(i) 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;

(ii) 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;

(iii) the vesting of land in a local government council under section 272(3) of the Local Government Act 2019; 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 1953 if it is to be consolidated with the land already held by the grantee;

(c) 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;

(d) 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;

(e) a subdivision required under the Encroachment of Buildings Act 1982;

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

(3) Land is not to 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 of more than 12 years; or

(4) For the purposes of subsection (3), a lease, licence or other right to use or occupy a part of land that 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 is more than 12 years is to be taken to be a lease, licence or right for a term of more than 12 years.

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

(a) 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

(b) 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.

(6) 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.

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

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

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

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

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

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

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

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

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

(4) 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.

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

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

(2) 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.

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

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

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

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

(c) provisions necessary or convenient to give effect to the planning scheme;

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

(4) An element of a planning scheme may apply in relation to all or part of the land to which the planning scheme applies.

(5) 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.

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

A strategic framework consists of the planning policies and plans that apply to an area of land, which may include the following: