Document ID: chunk:federal_register_of_legislation:F2019L01386:schedule:2:p9
Version: federal_register_of_legislation:F2019L01386
Segment Type: schedule
Provision Reference: sch 2 (pt 9/40)
Character Range: 44378–47384

those shown on the Zoning Map.

2.2  Permitted, Discretionary and Prohibited Development

       1. Land within a zone may be used or developed only in accordance with the Planning Act 1999 (NT) and this Town Plan.                                                The Commonwealth environmental law also regulates the use and development of land in Kakadu National Park including the Town of Jabiru.

       2. A use or development of land within a zone is permitted without consent if the use or development:                                                                Specific land tenure arrangements operate in the Town of Jabiru, and additional consent from other authorities may be required prior to commencing a permitted use or development.

        (a)      is shown on the relevant zoning table as permitted and complies with all the provisions of this Town Plan relating to that use or development in the zone  Clause 2.6 provides specific circumstances for the use and development of land subject to the Masterplan

        or

        (b)      relates to a lot listed in, and the use or development complies with, Clause 2.6 of this Scheme;

     3.      A use or development of land within a zone requires consent if any of the following apply in relation to the use or development:

        (a)      it is shown on the relevant zoning table as discretionary;

        (b)      subject to sub-clause 4(a), it is not shown on the relevant zoning table;

        (c)       it does not comply with all the provisions of this Town Plan relating to that use or development within the zone; or

        (d)      a provision of this Town Plan expressly requires consent.

     4.      A use or development of land within a zone is prohibited if the use or development is:

        (a)      in Zone RJ and is not shown on the relevant zoning table; or

        (b)     shown on the relevant zoning table as prohibited.

2.3  Exercise of Discretion by the Consent Authority

       1. In considering an application for consent for a proposed use or development, the consent authority must consider:                                                                                          The environmental and cultural values of Kakadu National Park are specified in, and protected under, the Commonwealth environmental law.

        (a)      the proposed use or development in its entirety except in relation to an application to alter or vary a development permit pursuant to sections 43A, 46 or 57 of the Planning Act 1999 (NT); and

        (b)      the potential impact of the proposed use or development on the environmental and cultural heritage values of the Kakadu National Park.

     2.      Parts 4 and 5 set out the standards that apply to the development of land, subject to sub-clauses 3, 4 and 5.

     3.      The consent authority may consent to the development of land that does not meet the standards set out in Parts 4 or 5 in circumstances set out in a provision of Parts