Make an Application
| Information | Document |
| Freehold application form | pdf 105Kb |
| Native Vegetation Clearing and Property Development Plan | word 390Kb |
| Pastoral land application form | pdf 46Kb |
Applications for the clearing of native vegetation must be made on the appropriate form. Application forms for pastoral and freehold clearing are located in the resources column on the right hand side of this page.
Freehold clearing applications must include the owners authorisation (attachment A) and a detailed statement (attachment B) describing the effect of the proposed development. To assist in meeting these requirements a Native Vegetation Clearing and Property Development Plan template is available in the resources column. Using this template is not compulsory but if you complete and include this with your application you will have addressed the requirements set out under section 46 of the Planning Act.
All freehold native vegetation clearing applications have a public notification period of 14 days during which time a 'pink' planning notice must be erected at your property. Applications are also scanned and posted on the Internet and a notice placed in the local newspaper during which time the public is invited to make a written submission on any areas of concern. Applications can also be viewed at the nearest regional office of the Department of Planning and Infrastructure or the Department of Natural Resources, Environment and the Arts. Information is also available in Vietnamese.
Once applications have been received, they are distributed to various Northern Territory government service authorities and where relevant, the local council. Service authorities provide their responses to the consent authority to consider in their final assessment and deliberation.
Applications for clearing outside planning control areas go to a government Native Vegetation Assessment Panel (NVAP) which consists of senior officers responsible for water management, biodiversity conservation, natural resource management and resource assessment in the Northern Territory. The assessment report is then provided to the Minister for Natural Resources or in the case of pastoral land, to the Pastoral Land Board for final determination. The Minister may delegate final determination to the Chief Executive of the Department of Natural Resources, Environment and the Arts or the Senior Director of the Natural Resource Management Division to issue a notice of consent or refusal in accordance with the recommendations.
Applications within the Litchfield Shire go to the Litchfield Division of the Development Consent Authority which holds regular monthly meetings.
Clearing of Native Vegetation Development Permits
Section 53 of the Planning Act allows for the consent authority to either, approve, alter and approve or refuse an application for the clearing of native vegetation. Where a permit is issued, the applicant and any person who made a submission will receive a notice of consent which includes the determination, the reasons for the determination and particulars about the right of appeal.
A clearing of native vegetation permit includes a schedule of conditions and an endorsed scaled drawing which indicates those areas permitted for clearing. Clearing of native vegetation development permits allow for a base period of five years to comply with the conditions. Where the works permitted under the permit are substantially commenced the permit is automatically extended by a further two years. Permit holders may apply for extensions to a development permit before the permit lapses.
A register of approved clearing determinations made under the Clearing of Native Vegetation development provisions is also available.
Appeals
The Act allows for an applicant for a development permit to appeal the decision of the consent authority. An appeal may be made in relation to:
- a refusal to grant a permit;
- an extension to the period of a permit;
- specific condition of a development permit; or
- a service authority’s refusal to refund or remit a developer contribution.
A right of appeal also exists if the consent authority has not determined a development application within 12 weeks of its lodgement. The appeal provisions are contained in the Lands and Mining Tribunal Act 1998. Third party appeals only exist in certain circumstances and generally only apply to land within a residential zone. There are no third party rights of appeal to a clearing of native vegetation determination. More detailed information on the Planning Act can be found at the Department of Planning and Infrastructure website.
 |
 This
Adobe PDF document may require a newer version of Adobe
Reader than you are currently using.
Click here to download the latest version of Adobe Acrobat Reader. |
