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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 130
Planning
Amendment (Development Applications) Bill
2007
Ms
Lawrie
A Bill for an Act to amend the Planning Act
NORTHERN TERRITORY OF AUSTRALIA
PLANNING AMENDMENT (DEVELOPMENT APPLICATIONS) ACT 2007
____________________
Act No. [ ] of 2007
____________________
TABLE OF PROVISIONS
Division 2 Development applications – notification and consultation
47 Public notice of development application
47A Development application not requiring public notice
48 Notice to local authority of development application
49 Submissions
50 Evidence and
information
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2007
____________________
An Act to amend the Planning Act
[Assented to [ ] 2007]
[Second reading [ ] 2007]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Planning Amendment (Development Applications) Act 2007.
This Act commences on the date fixed by the Administrator by Gazette notice.
This Act amends the Planning Act.
4 Repeal and substitution of Part 5, Division 2
Part 5, Division 2
repeal, substitute
Division 2 Development applications – notification and consultation
47 Public notice of development application
(1) Before the consent authority determines a development application, other than an application to which section 47A applies, it must give public notice of the application or, in writing, require the applicant to do so.
(2) The notice must be given in the prescribed manner and form and must include:
(a) a statement that a development application has been made to the consent authority; and
(b) the details of the application; and
(c) an invitation to members of the public to make written submissions about the application within the period specified in the notice, which must end no earlier than 14 days after the date on which notice is given; and
(d) any other information required by the Regulations.
(3) If the consent authority gives public notice of the application, it may charge the applicant the reasonable costs of notification.
47A Development application not requiring public notice
(1) No public notice is required to be given of a development application that is solely for consent to carry out the following development:
(a) the consolidation of land;
(b) the establishment of, or a change in, the use of land for the accommodation of people requiring privacy, as specified by the Regulations;
(c) development, specified by the Regulations, that will not have a significant impact on the existing and future amenity of the area in which the development will be carried out.
(2) Before the consent authority determines a development application relating to development mentioned in subsection (1), it must give notice of the application to the persons the Regulations require to be notified or, in writing, require the applicant to do so.
(3) The notice must be given in the prescribed manner and form and must include:
(a) a statement that a development application has been made to the consent authority; and
(b) the details of the application; and
(c) an invitation to the recipient to make a written submission about the application within the period specified in the notice, which must end no earlier than 14 days after the date on which the notice is given; and
(d) any other information required by the Regulations.
(4) If the consent authority gives notice of the application, it may charge the applicant the reasonable costs of notification.
48 Notice to local authority of development application
(1) If a development application relates to land within the council area of a local authority, the consent authority must give the local authority a written notice that includes:
(a) a statement that a development application has been made to the consent authority; and
(b) the details of the application; and
(c) an invitation to the local authority to make a submission about the application within the period specified in the notice, which must end no earlier than 14 days after the date on which the notice is given.
(2) The consent authority may charge the applicant the reasonable costs of notification.
(1) Any person may make a written submission to the consent authority about a development application to which section 47 applies within the period specified in the public notice about the application.
(2) A person given notice under section 47A about a development application may make a written submission to the consent authority about the application within the period specified in the notice.
(3) A local authority given notice under section 48 about a development application may make a written submission to the consent authority about the application within the period specified in the notice.
(1) If a natural person or body corporate makes a submission in accordance with section 49(1) or (2), the consent authority may invite the person or a representative of the body to appear before it and give evidence in relation to the development application.
(2) If a local authority makes a submission in accordance with section 49(3), the consent authority must invite a representative of the authority to appear before it and give evidence in relation to the development application.
(3) If the Minister is the consent authority in relation to the land or development to which a submission relates, the Minister may appoint a person or body to receive information from the relevant person or representative mentioned in subsection (1) or (2).
(4) If appropriate, a person or body appointed under subsection (3) may receive information by telephone or other electronic means.
5 Amendment of section 51 (Matters to be taken into account)
Section 51(e)
omit
49
substitute
49, and any evidence or information received under section 50,
6 Amendment of section 53 (Determination of development application)
Section 53
omit
all the words from "As" to "considered"
substitute
As soon as practicable after considering a development application and
7 Amendment of section 102 (Meetings to be open)
(1) Section 102, heading
omit, substitute
Attendance of public at meetings
(2) Section 102(1)
omit
subsection (2)
substitute
this section
(3) After section 102(4)
insert
(5) A meeting of the Development Consent Authority
must not be open to the public if evidence is to be taken in relation to a
development application to which section 47A applies.
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