Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 181 –
insert
In this Part –
"amended", in relation to a specified provision, means as in force immediately after the commencement of the Planning Amendment Act 2005 ;
"commencement date" means the date of commencement of the Planning Amendment Act 2005 ;
"former", in relation to a specified provision, means as in force immediately before the commencement date;
"Planning Scheme" means the Northern Territory Planning Scheme as in force immediately before the commencement date.
(1) The Planning Scheme continues in force as the NT Planning Scheme.
(2) A provision of the Planning Scheme, or a document forming part of the Planning Scheme, that is specified as or taken to be a development provision, land use objective or incorporated document is a provision of the NT Planning Scheme of an applicable category specified in amended section 9(1).
(3) All maps, plans, designs and diagrams included in the Planning Scheme continue in force as part of the NT Planning Scheme.
(4) All maps, plans, designs and diagrams referred to in the Planning Scheme continue to have effect in accordance with the NT Planning Scheme.
(5) This section does not apply in relation to the development provisions referred to in section 184.
The document entitled "Jabiru Town Plan" which, immediately before the commencement date, formed part of the development provisions of the Planning Scheme is taken to be a specific planning scheme referred to in amended section 8(1).
For sections 187, 188 and 189, a proposed amendment is one of the following:
(a) a proposed amendment of the Planning Scheme in respect of which the Minister has made a decision under former section 14(1)(b) to take the actions required under former Part 2, Divisions 3 and 4;
(b) a proposed amendment of the Planning Scheme referred to in paragraph (a) that has been altered by the Minister and which, by virtue of former section 29(1), must be re-exhibited under former Part 2, Division 3.
(1) This section applies in relation to an amendment of the Planning Scheme –
(a) proposed in an application made under former section 12; and
(b) in respect of which the Minister has not, before the commencement date, made a decision under former section 14.
(2) For subsection (1), the Minister is taken not to have made a decision if the Minister –
(a) under former section 14(1)(c) deferred consideration of the amendment as proposed; and
(b) has not, immediately before the commencement date, made any further decision under former section 14.
(3) The Minister must make a decision in respect of the amendment in accordance with amended section 13 as if the amendment had been proposed in a request made under amended section 13(1).
(1) This section applies in relation to a proposed amendment in respect of which the Minister has not, immediately before the commencement date, determined the period of exhibition under former section 17.
(2) The proposed amendment is taken to be a proposal within the meaning of paragraph (a) or (c), as applicable, of the definition of "proposal" in amended section 14.
(3) Amended Part 2, Divisions 3, 4 and 5 apply in relation to the proposed amendment.
(1) This section applies in relation to a proposed amendment in respect of which –
(a) the Minister has, under former section 17, determined the period of exhibition; and
(b) immediately before the commencement date, further actions are required to be taken under former Part 2, Division 3.
(2) Former Part 2, Division 3 continues to apply in relation to the proposed amendment until all the actions required under that Division have been taken.
(3) After all the required actions have been taken, the Minister must take further action in relation to the proposed amendment under amended Part 2, Division 5 as if it were a proposal referred to in amended section 25(1).
(1) This section applies in relation to a proposed amendment in respect of which –
(a) all actions required to be taken under former Part 2, Division 3 have been taken; and
(b) the Minister has not, before the commencement date, taken action under former section 25, 26 or 27.
(2) The Minister must take further action in relation to the proposed amendment under amended Part 2, Division 5 as if it were a proposal referred to in amended section 25(1).
For this Division, a proposal is one of the following:
(a) a proposal, referred to in former
section 14(1)(d)(ii), to consider granting an exceptional development permit
under former
section 40 instead of considering making an amendment to the
Planning Scheme;
(b) a proposal in an application for the grant or variation of an exceptional development permit that the Minister has decided under former section 39 to exhibit under former Part 2, Division 3;
(c) a proposal referred to in paragraph (a) or (b) that has been altered by the Minister and which, by virtue of former section 29(1), must be re-exhibited under former Part 2, Division 3.
(1) This section applies in relation to a proposal in respect of which the Minister has not, immediately before the commencement date, determined the period of exhibition under former section 17.
(2) The proposal is taken to be a proposal within the meaning of paragraph (b) of the definition of "proposal" in amended section 14.
(3) Amended Part 2, Divisions 3, 4 and 5 apply in relation to the proposal.
(1) This section applies in relation to a proposal in respect of which –
(a) the Minister has, under former section 17, determined the period of exhibition; and
(b) immediately before the commencement date, further actions are required to be taken under former Part 2, Division 3.
(2) Former Part 2, Division 3 continues to apply in relation to the proposal until all the actions required to be taken under that Division have been taken.
(3) After all those required actions have been taken, the Minister must take further action in relation to the proposal under amended Part 2, Division 5 as if it were a proposal referred to in amended section 26(1).
(1) This section applies in relation to a proposal in respect of which –
(a) all actions required to be taken under former Part 2, Division 3 have been taken; and
(b) the Minister has not, before the commencement day, granted or refused to grant an exceptional development permit or varied or refused to vary an exceptional development permit (as applicable).
(2) The Minister must take further action in relation to the proposal under amended Part 2, Division 5 and amended section 40 as if it were a proposal referred to in section 26(1).
Former Part 5, Divisions 2 and 3 continue to apply in relation to a development application to the consent authority –
(a) made under former section 46; and
(b) not determined by the consent authority before the commencement date.
The Minister may direct the Development Consent Authority under amended section 85(3) in respect of a particular development application even if the application was made before the commencement date.
Former section 57 continues to apply in relation to an application to the consent authority for a variation of a condition of a development permit –
(a) made under former section 57; and
(b) not determined by the consent authority before the commencement date.
A person appointed under former section 91(1) to be an alternate member for particular members for a Division –
(a) is taken to have been appointed under amended section 91(1); and
(b) is the alternate member for both members for the Division in office from time to time during the period of appointment of the alternate member.
Former Part 9 continues to apply in relation to all appeals in respect of an application referred to in former Part 9, Division 2 that was made before the commencement date, whether the application is determined before, on or after the commencement date.
(1) The Regulations may contain provisions of a savings or transitional nature consequent on the commencement of the Planning Amendment Act 2005 .
(2) The Regulations may provide that a savings or transitional provision takes effect from a date that is earlier than the date of its publication or notification in the Gazette but, if they do so, the provision does not operate so as –
(a) to affect, in a manner prejudicial to any person (other than the Territory), the rights of that person existing before the date of its publication or notification; or
(b) to impose liabilities on a person (other than the Territory) in respect of anything done or omitted to be done before the date of its publication or notification.
(3) If a regulation made under this section is inconsistent with a provision of this Act or a provision of an Act specified in the regulation, the regulation prevails to the extent of the inconsistency.