Northern Territory Numbered Acts

PLANNING AMENDMENT ACT 2020 (NO 19 OF 2020) - SECT 73

Sections 111 and 112

repeal, insert

111     Review of decisions of consent authority

    (1)     The following decisions of a consent authority are reviewable by the Tribunal:

    (a)     a decision refusing to consent to a development proposal under section 30W(1)(c);

    (b)     a decision refusing to issue a certificate under section 37B or 43D;

    (c)     a decision imposing conditions on the certificate under section 37B(2)(b);

    (d)     a decision requesting additional information under section 46(4);

    (e)     a decision refusing to grant an extension of time under section 46(8);

    (f)     a decision refusing to consent to a proposed development under section 53(c);

    (g)     a decision issuing an enforcement notice under section 77;

    (h)     a decision specifying the requirements of an enforcement notice under section 77C;

        (i)     a decision to take no further action under section 79A(1)(a) in response to a complaint in circumstances prescribed by regulation.

    (2)     An application for review of a decision specified in subsection (1) may be made by the following:

    (a)     the applicant in relation to a decision referred to in subsection (1)(a) to (f);

    (b)     the person subject to an enforcement notice in relation to a decision referred to in subsection (1)(g) and (h);

    (c)     subject to the regulations, the complainant in relation to a decision referred to in subsection (1)(i).

    (3)     An application for review must be made within 28 days after the person is served with the decision notice.

Note for section 111

The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to Tribunal for review and other relevant matters in relation to reviews.

112     Review if consent authority does not determine application

    (1)     A person who made an application under section 30C may apply to the Tribunal for a review of a decision of the Minister under that section in relation to the development application component of a concurrent application if, within 49 days after service of the notice under section 30U(1) no notice was served on the applicant under section 30X, 30Y or 30Z.

    (2)     A person who made a development application under section 46 may apply to the Tribunal for a review of any lack of decision by a consent authority to determine the application if:

    (a)     the consent authority deferred its decision and all other relevant decisions or procedures in relation to the deferral are completed; or

    (b)     the applicant is not served with a notice under section 53A, 53B or 53C within 84 days of making the application.

    (3)     A person who made an application under section 57 or 59 may apply to the Tribunal for a review of any lack of decision by a consent authority to determine the application if the consent authority does not notify the applicant of a determination within 84 days of the application being made.

    (4)     For the purposes of a review under this section, the application is taken to be refused under section 30C, 30W, 53, 57 or 59.

    (5)     Despite subsection (4), the application may be determined under section 30C, 30W, 53, 57 or 59 any time before the Tribunal determines the review.

    (6)     If the application is determined in accordance with subsection (5), the applicant may:

    (a)     abandon the application for review to the Tribunal under this section; or

    (b)     continue the application for review in relation to the actual determination of the consent authority.

    (7)     The Tribunal must refund to the applicant all fees paid in respect of any abandoned application for review.