Northern Territory Numbered Acts

PLANNING AMENDMENT ACT 2020 (NO 19 OF 2020) - SECT 66

Section 98

repeal, insert

98     Offences related to non-disclosure of interest

    (1)     A person commits an offence if:

    (a)     the person is a member of the Development Consent Authority; and

    (b)     the person intentionally attends, contributes to or takes part in a deliberation or decision of the Division of which the person is a member; and

    (c)     the deliberation or decision is in relation to an interest or relationship referred to in section 97(1); and

    (d)     the person recklessly fails to disclose that interest or relationship.

Maximum penalty:     50 penalty units.

    (2)     A person commits an offence if:

    (a)     the person is a member of the Development Consent Authority; and

    (b)     the person intentionally attends, contributes to or takes part in a deliberation or decision of the Division of which the person is a member; and

    (c)     the person has an interest or relationship referred to in section 97(1) and is reckless in relation to that circumstance.

Maximum penalty:     50 penalty units.

    (3)     Strict liability applies to subsections (1)(a) and (c) and (2)(a).

    (4)     It is a defence to a prosecution for an offence against subsection (2) if the Chair determined under section 97(5) that the defendant could be present during, contribute to or take part in the deliberation or decision of the Division.

98A     Independence of community members

    (1)     A community member must make the decision on a development application independently of any direction or decision from the local authority.

    (2)     When making the decision under subsection (1), the community member may take into account the opinion of a local authority in relation to a development application made by an applicant other than the local authority.

    (3)     For section 97, if a community member takes into account the opinion of the local authority under subsection (2):

    (a)     the Development Consent Authority is taken not to have contravened the rules of natural justice by that reason only; and

    (b)     the community member is taken not to have an interest or relationship for the purposes of section 97 by that reason only; and

    (c)     the community member is taken not to have contravened the rules of natural justice by that reason only.