Northern Territory Numbered Acts

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PLANNING AMENDMENT ACT 2020 (NO 19 OF 2020) - SECT 41

Section 66 amended (Minister may revoke or modify permit)

(1)     Section 66(2)(b) and (3)

omit

Chairman

insert

Chair

(2)     Section 66(5) to (7)

omit, insert

    (5)     The Minister must notify, in writing, the persons served with a notice under subsection (2)(a) of the decision made under subsection (4).

    (6)     A person commits an offence if:

    (a)     the person is served with a notice under subsection (2)(a); and

    (b)     the person intentionally continues to use or develop the land; and

    (c)     the use or development is only permitted under the permit referred to in the notice.

Maximum penalty:     500 penalty units.

Default penalty:     2 penalty units.

    (6A)     Strict liability applies to subsection (6)(a) and (c).

    (6B)     It is a defence to a prosecution for an offence against subsection (6) if:

    (a)     the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence; or

    (b)     the conduct occurred after the person received a notice under subsection (5) that the Minister decided not to revoke or modify the permit.

    (7)     A person commits an offence if:

    (a)     a permit is modified under subsection (4); and

    (b)     the person is served with a notice under subsection (5) that the permit was modified; and

    (c)     the person intentionally continues to use or develop the land; and

    (d)     the use or development is not permitted under the permit as modified.

Maximum penalty:     500 penalty units.

Default penalty:     4 penalty units.

    (7A)     Strict liability applies to subsection (7)(a), (b) and (d).

    (7B)     It is a defence to a prosecution for an offence against subsection (7) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.



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