Territory Coordinator Act 2025

This Act may be cited as the Territory Coordinator Act 2025.

Subject to subsection (2), this Act commences on the day fixed by the Administrator by Gazette notice.

If a provision of this Act does not commence before

8 February 2027, it commences on that day.

In this Act:

Aboriginal land, see section 3(1) of the Aboriginal

Land Rights (Northern Territory) Act 1976 (Cth).

applicant, for Part 7, see section 62.

approved program of works means a program of works approved by the Minister under section 41.

condition variation notice, see section 84(1).

decision request, for Part 7, see section 66(1).

economic significance, see section 4.

eligible person, see section 11(2).

environment means all aspects of the surroundings of humans, including physical, biological, economic, cultural and social aspects.

exemption notice, see section 77(1).

IC activity is an infrastructure coordination activity and means:

any activity undertaken by the Territory Coordinator to facilitate the implementation of an ICP; or

a project that is permitted under an ICP.

ICA means an area of land or water declared as an infrastructure coordination area under section 25(1).

ICP, see section 27.

interested party, see section 5(1).

Land Council, see section 3(1) of the Aboriginal

Land Rights (Northern Territory) Act 1976 (Cth).

National Native Title Register means the register established under section 192 of the Native Title Act 1993 (Cth).

original entity, for Part 7, see section 71(c).

owner or occupier, in relation to land, means:

the registered owner of the land or any other person registered on the land title; and

any person with an interest in the land recorded on the National

Native Title Register; and

if a person mentioned in paragraph (a) or (b) is not the occupier of the land, the occupier of the land, if the occupier can be readily identified.

plan area:

for a TDA plan – means the Territory development area to which it relates; or

for a proposed TDA plan – means the area to which it relates;

or

for an ICP – means the ICA to which it relates; or

for a proposed ICP – means the area to which it relates.

primary principle, see section 8(1).

prioritisation request, for Part 7, see section 64(1).

program of works, see section 38.

progression-related request, for Part 7, see section

65(1).

proponent, of a project, means the person who proposes the project and includes a person who assumes conduct of the project under an agreement or other arrangement with a previous proponent of the project.

public body means any of the following:

an Agency;

a local government council;

a Government owned corporation as defined in section 3 of the

Government Owned Corporations Act 2001;

any other body, whether incorporated or not, performing a public function on behalf of either:

the Territory; or

a body mentioned in paragraph (a), (b) or (c).

public entity, see section 6(1).

registered owner, of land, see section 4 of the Land

Title Act 2000.

relevant law, in relation to a statutory decision or statutory process, means the Scheduled law under which the decision may be made or the process undertaken.

responsible entity means:

for a statutory decision – the entity that may make the decision under the relevant law for the decision, other than a court or tribunal; or

for a statutory process – the entity responsible for undertaking the process under the relevant law for the process, other than a court or tribunal.

Scheduled law means:

an Act listed in the Schedule; or

subordinate legislation made under an Act referred to in paragraph (a).

significant project means a project in relation to which a designation under section 23 is in effect.

statutory decision, see section 7(1).

statutory process means a process required to be undertaken under a Scheduled law, other than by a court or tribunal.

Example for definition statutory process

Under section 71B of the

Water Act 1992, the Controller of Water Resources must give notice of the Controller's intention to make a water extraction licence decision.

step-in notice, see section 68(2).

TDA activity means:

any activity undertaken by the Territory Coordinator to facilitate the implementation of a TDA plan; or

a project that is permitted under a TDA plan.

TDA plan, see section 46(1).

Territory Coordinator means the person appointed under section 11.

Territory development area means an area of land or water in relation to which a designation under section 43 is in effect.

works projects, for Part 7, see section 62.

Note for section 3

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

A project or development is of economic significance to the Territory, or a region of the Territory, if the project or development facilitates any of the following in the Territory or region:

private sector investment;

job creation;

population growth;

development or advancement of an industry.

Each of the following persons is an interested party for an area:

the registered owner of, or any other person registered on the land title for, land within the area or any adjoining land;

if any part of the area or any adjoining land is Aboriginal land – the Land Council and Land Trust for the land;

any of the following, as defined in section 253 of the Native

Title Act 1993 (Cth), in relation to any part of the area:

a registered native title body corporate;

a registered native title claimant;

a representative Aboriginal/Torres Strait Islander body;

the local government council for the area;

a person prescribed by regulation.

In this section:

Land Trust, see section 3(1) of the Aboriginal Land Rights (Northern

Territory) Act 1976 (Cth).

Each of the following is a public entity:

a public body;

an executive officer of a public body that is a body corporate;

the Chief Executive Officer of an Agency;

a body corporate constituted for the purposes of any Act or that, being incorporated by the law of the Territory, is an instrumentality or agency of the Crown;

an executive officer of a body corporate mentioned in paragraph

;

the holder of any office established by any Act;

a public sector employee;

a person who is employed by:

a public body; or

a body corporate mentioned in paragraph (d); or

the holder of an office mentioned in paragraph (f) for the purposes of the Act that establishes the office.

Despite subsection (1), a public entity does not include:

a court or tribunal; or

an entity prescribed by regulation not to be a public entity.

In this section:

executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.

A statutory decision is a decision to be made under a Scheduled law.

Example for definition statutory decision

Under section 71C of the

Water Act 1992, the Controller of Water Resources must make a water extraction licence decision.

Despite subsection (1), a statutory decision does not include a decision of the Administrator that is to be made under a Scheduled law.

The primary principle of this Act is that, when exercising a key power under this Act, or when exercising a power or performing a function under any other Act in connection with the exercise of a key power, the Minister or the Territory Coordinator must have regard to the following considerations:

the primary objective of driving economic development for the

Territory or a region of the Territory;

the potential social and environmental outcomes for the Territory or a region of the Territory.

When exercising a power or performing a function under any other

Act as mentioned in subsection (1), the Territory Coordinator or

Minister must also have regard to the relevant objects, principles or considerations under the other Act but, to the extent of any inconsistency with the considerations in subsection (1), the considerations in subsection (1) prevail.

In this section:

key power means a power:

to make a designation under section 23; or

to make a declaration under section 25; or

to vary the boundaries of an ICA; or

to approve or vary an ICP; or

to approve a program of works under section 41; or

to make a designation under section 43; or

to approve a TDA plan under section 50; or

to vary the boundaries of a Territory development area under section 53; or

to approve a variation of a TDA plan under section 57; or

to give a request under section 64, 65 or 66; or

to give a notice under section 68, 69, 80 or 84; or

exercised under a step-in notice.

This Act binds the Crown in the right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

No criminal liability extends to the Crown in the right of the

Territory itself (as distinct from its agents, instrumentalities, officers and employees) under this Act.

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

Act.

Note for section 10

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.

Part 2 Territory

Coordinator

The Administrator may, in writing, appoint an eligible person to be the Territory Coordinator.

A person is an eligible person if the person has suitable qualifications or experience relating to the Territory Coordinator's functions.

Notice of the appointment must be published in the Gazette as soon as practicable after it is made.

Subject to this Part, the Territory Coordinator:

holds office for the period, not exceeding 5 years, specified in the appointment; and

is eligible for reappointment.

The Territory Coordinator holds office on the conditions, including conditions about remuneration, expenses and allowances, determined by the Administrator.

The Territory Coordinator's conditions of office cannot be varied to the detriment of the Coordinator during the Coordinator's term in office.