Streamlined Regulatory Approvals for Significant Projects in the NT

Found in: Blog

By James Bruining and Calum Moultrie

 

Introduction

Under the Territory Coordinator Act 2025 (NT) (Act), which was passed last month and will come into effect by no later than 8 February 2027, major projects and developments of economic significance in the NT may be eligible for fast-tracked approvals and modified regulatory requirements. 

Key takeaways
  • The Act enables a new statutory officer, the Territory Coordinator (Coordinator), and the Minister for Territory Coordinator (Minister) to fast-track assessments and approvals.
  • The Coordinator and Minister have broad discretionary powers to modify or exempt the requirements of statutory processes and decisions under key planning and approval laws, including the ability to modify the conditions of existing approvals.
  • Private proponents will be eligible to benefit from the modified approvals framework if their project creates a significant economic impact for the NT or a particular region in the NT.
  • The Act also applies to public infrastructure projects and areas which have the potential to host projects which benefit the NT economy.
  • The Act will also have important implications for NT Government agencies and statutory bodies, who may have obligations to assist in the delivery of projects captured by the Act.

Overview of the Act

Key features

The Act will change how the existing assessment and approvals framework applies to certain projects by:

  • establishing the functions of the Coordinator, who will act as an intermediary between NT government agencies and the proponents of complex, high value projects in the NT; and
  • providing the Coordinator and the Minister with wide-ranging powers to coordinate, consolidate and fast-track assessment and approval processes – including by modifying or exempting the application of certain requirements under specified laws.
Powers of the Coordinator and Minister

The Coordinator has a range of general functions and corresponding powers targeted at facilitating the efficient assessment and approval of large-scale projects (ss 19 and 20).[1]

 The Act also provides the Coordinator and Minister with specific powers to accelerate project assessments and approvals (specific powers) through modifying the statutory processes, decisions and related requirements under key laws regulating the planning and authorisation of infrastructure, energy, and other projects in the NT (Scheduled laws).[2]

The specific powers (described further below) include the power to:

  • issue requests to an entity responsible for a statutory decision or process (responsible entity)[3] regarding the timing  for delivering assessments and approvals;
  • conduct assessments and make decisions in place of the responsible entity; and
  • modify or exclude statutory requirements and vary existing conditions for approvals.

In exercising their powers, [4] the Coordinator and Minister must consider the ‘primary principle’ of the Act, being:

  • the primary objective of driving economic development for the NT (or a region of the NT); and
  • the potential social and environmental outcomes for the NT (or a region of the NT).

Which Projects and Activities are Captured by the Act?

The Minister must make a declaration or designation before the specific powers can be exercised in relation to a particular project, development or any related activities. The projects which may be brought within the scope of the Act fall under three broad categories – significant projects, programs of works and Territory development areas (TDAs). 

If the Minister designates a significant project, it may expand the scope of powers that may be exercised in relation to that project by declaring an ‘infrastructure coordination area’ (ICA) and approving an ‘infrastructure coordination plan’ (ICP).

Significant projects and infrastructure coordination activities

 

Programs of work and Territory development areas

 
Programs of work and Territory development areas

Specific powers regarding statutory assessments and approvals

Requests regarding the timing of assessments and approvals

The Coordinator may accelerate statutory processes and decisions through giving any of the following ‘requests’ to a responsible entity:[5]

  • Prioritisation request – the responsible entity will be required to prioritise a statutory process for a significant project over other matters it is responsible for (s 64).  For example, a prioritisation request issued to the NT Environment Protection Authority would require it to prioritise allocating resources to the assessment of an Environmental Impact Statement for a significant project to reduce processing time.[6]
  • Progression requests - the responsible entity will be required to start or complete a statutory process for a significant project within, or pause it for, the period specified in the request (s 65). Progression requests may be used to provide proponents with certainty ahead of key milestones or decisions.  For example, by ensuring that decisions are (to the extent possible) delivered simultaneously rather than sequentially.[7]
  • Decision requests - the responsible entity will be required to make a statutory decision in relation to a significant project within a certain timeframe.[8]  Decision requests could be used to obtain to a decision before a key milestone for a project proponent (e.g. to enable operations to commence by a certain date).[9]
Step-in notices 

The Coordinator may issue a step-in notice, enabling it to undertake a statutory decision or process in place of the responsible entity (s 68).  If the Coordinator exercises its step-in right:[10]

  • it is deemed to be, and will have all the powers of, the responsible entity from the time of the step-in notice until the relevant decision is made or the process is completed;[11]  and
  • provided it complies with the requirements of the Act,[12] a decision made by the Coordinator is of the same effect as a decision made by the responsible entity, who cannot change that decision (including any conditions imposed) without the Coordinator’s consent.
The Coordinator must still consider the prescribed criteria for making a decision.  However, it: [13]
  • may, depending on the circumstances, have a wider basis for granting approvals if doing so is supported by the primary principle;
  • has a broad discretion to impose any conditions that it considers are necessary or desirable to achieve the objectives of the primary principle.
While the NT Government has suggested that the purpose of a step-in right is to address some failure on the part of the responsible entity (e.g. it fails to deliver a decision within the timeframe required by a decision request) rather than to circumvent the requirements for granting an approval,[14] this is not a condition for exercising the step-in right under the Act. 
Exemption notices

The Minister may, on recommendation from the Coordinator or at its own discretion, issue an exemption notice which modifies or excludes the application of all or part of a Scheduled law to a significant project (ss 77 and 78).[15] An exemption notice may be given where that law:   

  • is not necessary for the effective or efficient regulation of the significant project;[16] or
  • substantially duplicates all or part of another statutory process that has or will be completed in relation to the project.
For example, the NT Government has suggested that an exemption notice could be issued in relation to a renewable energy project:[17]
  • to extend the maximum term of a non-pastoral land use permit under the Pastoral Land Act 1992 (NT) (e.g. from 30 years to 70 years) to provide proponents with certainty for financial decisions; [18] or
  • to combine multiple statutory consultation processes where the statutory objectives of those consultations can be achieved by one comprehensive consultation.
The circumstances in which an exemption notice can be given may be restricted by regulations under the Act,[19] or due the operation of a law that is not a Scheduled law.[20]  Additionally, the NT Legislative Assembly may void all or part of an exemption notice after it is issued.[21] 
Condition variation notices

The Coordinator may issue a written notice (condition variation notice) varying the conditions imposed on a statutory decision, if (ss 84 and 85):[22]

  • the conditions are varied with the applicant’s consent, in accordance with the relevant law or in a circumstance permitted by regulations made under the Act;
  • for approvals[23] granted for a specific period – where the variation takes effect upon renewal or extension of the approval period (s 83); or
  • the Coordinator is satisfied that the variation:
- provides for consistency between the conditions being varied and any applicable requirements under a Commonwealth law;
- is likely to prevent certain types of harm under the  Environment Protection Act 2019 (NT); or
- relates to the applicant’s inability to comply with a requirement or condition. 
Limitations on the specific powers

The conditions for exercising a specific power may vary depending on the power, the circumstances in which it is exercised, and the Scheduled law to which it applies. Broadly:

  • A power may only be exercised after consulting the responsible entity.
  • A request or notice will only trigger a change in the statutory requirements if it is given in accordance with the applicable procedural and substantive requirements under the Act.
  • If the Coordinator is the applicant or the responsible entity is a minister of the NT, the Coordinator’s special powers must be exercised by the Minister instead.  However, the Coordinator may give a condition variation notice to a minister who is the responsible entity if that minister has given prior consent.[24]
Decisions made by the Coordinator and Minister cannot be reviewed or appealed, other than by judicial review.
 
Please get in touch with James Bruining or Yvonne Jansen if you have any queries regarding this topic.
 
Phone: (08) 6500 4300
 
Limited Liability by a scheme approved under Professional Standards Legislation. 

[1] The Act contains an expansive provision providing the Coordinator with the powers necessary to perform their functions under the Act (s 20). They may delegate any of their powers and functions other than those in Part 7 (regarding expediting statutory processes and decisions) (s 18).

[2] Department of the Chief Minister and Cabinet (NT), Guide to the Territory Coordinator Bill (14 November 2024) 19. For example, the Scheduled laws include a number of key statutes governing energy sector, including the: Electricity Reform Act 2000 (NT); Energy Pipelines Act 1981 (NT); Environment Protection Act 2019 (NT); Geothermal Energy Act 2009 (NT); National Gas (Northern Territory) Act 2008 (NT); Petroleum Act 1984 (NT); and Petroleum (Submerged Lands) Act 1981 (NT).

[3] The specific powers cannot be exercised in relation to courts or tribunals, which are explicitly excluded from the definition of a ‘responsible entity’.

[4] The primary principle must be considered when exercising the ‘key powers’ listed in s 8(3) of the Act.

[5] A request will generally have the same effect as a direction, as public entities (which include responsible entities) have a duty to cooperate with the Coordinator to the extent that is reasonable, within the entity’s functions and not in breach of any NT or Commonwealth laws (s 22).

[6] Department of the Chief Minister and Cabinet (NT), Guide to the Territory Coordinator Bill (14 November 2024) 12.

[7] Department of the Chief Minister and Cabinet (NT), Guide to the Territory Coordinator Bill (14 November 2024) 13.

[8] A decision request must allow the responsible entity at least 20 business days to make the decision. If the relevant instrument prescribes a shorter period, the decision request must allow the responsible entity at least that prescribed period to provide the decision (s 66). 

[9] Explanatory Statement, Territory Coordination Bill 2025 (NT) 21.

[10] Territory Coordinator Act 2025 (NT) ss 71, 73, 75 and 76.

[11] Further, the ‘original’ responsible entity is required to assist the Coordinator during the step-in (s 72).

[12] For instance, the Coordinator must give a notice of completion which complies the requirements the Act for any decision it has made during a step-in (s 74).

[13] Territory Coordinator Act 2025 (NT) s 73(2); Department of the Chief Minister and Cabinet (NT), Guide to the Territory Coordinator Bill (14 November 2024) 7.

[14] NT, Parliamentary Debates, Legislative Assembly, 18 March 2025, 116; Department of the Chief Minister and Cabinet (NT), Guide to the Territory Coordinator Bill (14 November 2024) 13 - 14.

[15] The manner of the modification or exemption will be specified in the notice (s 81).

[16] The Minister must have regard to the primary principle and the objectives of the relevant Scheduled law before issuing an exemption notice for the first ground under s 78 of the Act.

[17] Explanatory Statement, Territory Coordination Bill 2025 (NT) 23; Department of the Chief Minister and Cabinet (NT), Guide to the Territory Coordinator Bill (14 November 2024) 16.

[18] Pastoral Land Act 1992 (NT) s 89(1).

[19] Territory Coordinator Act 2025 (NT) s 77(2); Explanatory Statement, Territory Coordination Bill 2025 (NT) 23. 

[20] The NT Government has indicated that an exemption notice may not be given if doing so creates a potential clash with Commonwealth laws pursuant to a bilateral agreement: Department of the Chief Minister and Cabinet (NT), Guide to the Territory Coordinator Bill (14 November 2024) 15.

[21] An exemption notice may only be voided within 7 ‘sitting days’ after it is issued: Territory Coordinator Act 2025 (NT) s 82.

[22] A condition varied by a condition variation notice is valid regardless of whether it could have been varied under the Scheduled law (s 86).

[23] In relation to a condition variation notice, an ‘approval’ includes an ‘authorisation, consent, lease, licence, certificate or another authority’ (s 83).

[24] Territory Coordinator Act 2025 (NT) s 84(2)(b).