Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A scheme is intended to be developed progressively if:
(a) the developer intends that all or part of the scheme land is to be further developed (including, for example, by a further subdivision or consolidation of all or part of the land); and
(b) the implementation of a stage of the development (whether or not the stage is specified in the scheme statement) will require the issuing of a development permit or exceptional development permit under the Planning Act 1999 ; and
(c) at least 1 stage of the development is yet to be completed.
Note for subsection (1)
The scheme statement must specify certain information about the development. See section 18(1)(e).
(2) Without limiting subsection (1), a scheme is intended to be developed progressively in each of the following circumstances:
(a) part of the scheme land is intended to be further subdivided to create more units (whether or not forming the scheme land of another scheme);
(b) part of the scheme land is intended to be excised from the scheme land (whether or not forming the scheme land of another scheme);
(c) additional lots are intended to be incorporated into the scheme land.
(3) Subsection (1) does not prevent a scheme not intended to be developed progressively from becoming a scheme that is so intended.
Example for section 64
Diagrams 64.1 and 64.2 show how a scheme develops progressively by subdividing a unit (unit 1) to create units 4 and 5.
Scheme intended to be developed progressively
Unit 1
Unit 2
Unit 3
Common property
Diagram 64.1 – Before implementing a stage of development
Diagram 64.2 – After implementing a stage of development
Scheme intended to be developed progressively
Unit 4
Unit 5
Unit 2
Unit 3
Common property