Northern Territory Numbered Acts

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PLANNING AMENDMENT ACT 2020 (NO 19 OF 2020) - SECT 26

Sections 42A and 42B inserted

After section 42, in Part 4, Division 2

insert

42A     Duration of permit

    (1)     Subject to this Part, an exceptional development permit remains in force during the base period of the permit and any extension of the base period under this section or section 42B.

    (2)     An exceptional development permit does not lapse at the end of the base period but is automatically extended for another 2 years from the date on which it would otherwise lapse if:

    (a)     works are substantially commenced in accordance with the permit within the base period; and

    (b)     a consent is conditional on the carrying out of the works.

    (3)     An exceptional development permit that relates to a plan of subdivision or consolidation does not lapse if, within the base period of the permit or any extension of that period under this section or section 42B, the plan of survey is approved under section 49(3) of the Licensed Surveyors Act 1983 .

    (4)     Subject to this Part, an exceptional development permit does not lapse if:

    (a)     a development under the permit includes or consists of the establishment of, or a change in, a use; and

    (b)     the use has commenced in accordance with the permit within the base period of the permit or any extension of that period under this section or section 42B.

42B     Extension of period of permit

    (1)     The owner of land to which an exceptional development permit applies, or a person authorised in writing by the owner, may apply to the Minister for an extension of the period of the permit.

    (2)     An application under subsection (1) must:

    (a)     be lodged before the permit lapses; and

    (b)     be in the approved form; and

    (c)     be accompanied by the prescribed fee.

    (3)     On receipt of an application under subsection (1), the Minister may:

    (a)     extend the period of the permit as the Minister thinks fit; or

    (b)     refuse to extend the period of the permit.

    (4)     The Minister must give the applicant a statement of the reasons if the Minister:

    (a)     extends the period for a period different from the one requested; or

    (b)     refuses to extend the period of the permit.



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