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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 178
Planning
Legislation Amendment Bill 2016
Mr
Tollner
A Bill for an Act to amend the Planning Act and the Planning Regulations
NORTHERN TERRITORY OF AUSTRALIA
PLANNING LEGISLATION AMENDMENT ACT 2016
____________________
Act No. [ ] of 2016
____________________
Table of provisions
Division 4 Planning Legislation Amendment Act 2016
207 Definitions
208 Proposal placed on exhibition before commencement
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2016
____________________
An Act to amend the Planning Act and the Planning Regulations
[Assented to [ ] 2016]
[Second reading [ ] 2016]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Planning Legislation Amendment Act 2016.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Planning
Act
3 Act
amended
This Part amends the Planning Act.
After section 5(4)
insert
(5) Despite subsection (1), subdivision also does not include a subdivision if:
(a) the subdivision comprises one or more leases granted over Aboriginal land (as defined in section 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)); and
(b) the leases were granted to Indigenous Essential Services Pty Ltd ACN 105 269 636 after 29 June 2009 and before the commencement of this section.
(6) Subsection (5) does not limit the power to make regulations under section 148 to prescribe exemptions for subsection (2)(h).
Section 17(1)(d)
omit
person or body to whom
insert
body to which
Section 20, definitions prescribed functions and reporting body
omit
Section 21
repeal
(1) Section 22(1)
omit
reporting body
insert
Commission
(2) Section 22(2)
omit, insert
(2) If the Commission receives any submissions, the Chairperson, or another member of the Commission authorised by the Chairperson to do so, must do the following:
(a) conduct a hearing in respect of those submissions on behalf of the Commission;
(b) invite all persons who have made submissions to appear at the hearing and be heard in relation to the proposal.
(1) Section 23(1)
omit
a reporting body
insert
the Commission
(2) Section 23(1)
omit
the reporting body
insert
the Commission
(1) Section 24(1)
omit
all words from "the reporting body has" to "must"
insert
a hearing has been conducted in respect of submissions about a proposal, and any consultation has been carried out as directed by the Minister, the Commission must
(2) Section 24(1)(c) and (2)
omit
reporting body
insert
Commission
(3) Section 24(3)
omit
reporting body's
insert
Commission's
After section 81B(d)
insert
(da) to receive submissions, carry out consultation as directed by the Minister, and report to the Minister, under Part 2, Division 4;
12 Part 14, Division 4 inserted
After section 206
insert
Division 4 Planning Legislation Amendment Act 2016
In this Division:
commencement means the commencement of section 6 of the Planning Legislation Amendment Act 2016.
proposal, see section 14.
208 Proposal placed on exhibition before commencement
(1) This section applies if, before the commencement, a proposal had been placed on exhibition but a report under section 24 had not been made.
(2) Part 2, Division 4, as in force immediately before the commencement, continues to apply in relation to submissions, consultation, hearings and the report about the proposal.
Part
3 Amendment of Planning
Regulations
13 Regulations
amended
This Part amends the Planning Regulations.
(1) Regulation 3A(2)(b)
omit
Territory.
insert
Territory; or
(2) After regulation 3A(2)(b)
insert
(c) to Indigenous Essential Services Pty Ltd ACN 105 269 636.
(3) Regulation 3A(3), definition commencement date
omit, insert
commencement date means:
(a) for regulation 3A(2)(a) and (b) – the day on which the Planning Amendment Regulations (No. 2) 2009 commenced; and
(b) for regulation 3A(2)(c) – the day on which section 4 of the Planning Legislation Amendment Act 2016 commenced.
This Act expires on the day after it commences.
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