Legal development

New powers to facilitate significant projects in Northern Territory

Aerial view of red dirt road through outback scrub, used in the Environment and planning year in review 2025

    What you need to know

    • The Northern Territory has passed the Territory Coordinator Act 2025 (NT) to accelerate significant projects and drive economic growth in the Northern Territory.
    • Key powers of the newly established Territory Coordinator include the ability to designate projects as "significant", step in as decision-maker for specific statutory processes, and in some circumstances, issue exemption notices in relation to the application of "Scheduled Laws".
    • Once significant projects, Program of Works, or Territory Development Areas (TDA) are designated, the Territory Coordinator and Minister can expedite the approvals process.

    What you need to do

    On 31 March 2025, the Territory Coordinator Act 2025 (NT) commenced, establishing the statutory roles of the Territory Coordinator and the Minister for Territory Coordinator. In tandem with the launch of the Rebuilding the Economy: Northern Territory Economic Strategy 2025, the Act aims to facilitate efficient approval and delivery processes for significant projects and investments in the Northern Territory, driving economic growth.

    Northern Territory Economic Strategy

    The Northern Territory Government's Rebuilding the Economy: Northern Territory Economic Strategy 2025 sets a framework to strengthen economic performance and population growth by generating business activity, job creation and investment, creating certainty for proponents, and funding essential infrastructure and services. It identifies priority areas such as energy, defence, agriculture, mining, and tourism with an emphasis on growing the Northern Territory's workforce, lifting productivity and competitiveness, supporting regional development, and improving the networks that connect the Northern Territory to critical government services.

    Delivery is supported by measures such as regulatory reform, strengthened governance, local education and training programs, targeted economic development planning, and strategic government-to-industry relationships. The Strategy outlines three annual target measures of success:

    • First, Northern Territory economic growth outpacing national economic growth (measured by Northern Territory gross state product relative to national gross domestic product);
    • Second, population growth exceeding baseline forecasts (including specified net migration targets); and
    • Third, increased recognition of Northern Territory investment opportunities and overall improvement in comparative rankings.

    The Territory Coordinator Act 2025 provides statutory measures intended to support the delivery of the Northern Territory Government's Rebuilding the Economy: Northern Territory Economic Strategy 2025 by accelerating approvals and coordinating the development and implementation of significant projects and investments in the Northern Territory.

    The Territory Coordinator Act

    The Territory Coordinator Act introduces the concepts of Program of Works, Infrastructure Coordination Areas (ICAs) and Territory Development Areas (TDAs). A Program of Works will allow for the delivery of significant infrastructure that is not limited to a specific geographical area. An ICA is an area which has been declared as such for the purpose of investigating its potential for the development of infrastructure necessary for the construction or operation of a significant project. Similarly, a TDA is an area designated to enable investigations of the area’s potential for significant economic development to the Territory.

    Roles of the Territory Coordinator

    The role of Territory Coordinator draws inspiration from other state regimes, including similar models in Queensland, South Australia, New South Wales, and Western Australia. See our article "WA's new State Development Act 2025 to streamline regulatory approval process for State significant development [insert link]" for more information on the WA model.

    The Act assigns the Territory Coordinator's functions, which include:

    • Assessing and coordinating the delivery of major projects to drive economic benefits for the Territory.
    • Identifying and assessing projects or works that may be designated as significant, and making recommendations to the Minister.
    • Identifying areas that may be designated as ICAs or TDAs, and making recommendations to the Minister.
    • Overseeing and coordinating the implementation of infrastructure coordination projects and activities, and programs of works, including engagement with government on significant projects.
    • Facilitating collaboration among proponents, the Territory, local communities, traditional owners, native title holders and Land Councils, with attention to impacts and community benefits.

    The Act also includes powers for the Territory Coordinator and Minister to enable them to perform their functions, including:

    • The power of the Minister to designate significant projects.
    • The power of the Territory Coordinator to issue prioritisation and/or decision requests to entities responsible for statutory processes under “Scheduled laws”, requesting them to prioritise progressing certain projects within specified time frames or make a specified decision in relation to certain projects.
    • The power of the Territory Coordinator to issue a step-in notice, to make the statutory decision or undertake the statutory process in the place of the entity responsible.
    • The power of the Minister to issue exemption notices, exempting certain decisions from the application of a "Scheduled Law", or specifying a modified application of a "Scheduled Law" to a decision.
    • The power of the Territory Coordinator to vary conditions imposed on a statutory decision made in relation to certain projects.

    Approval framework changes and override boundaries

    In the exercise of key powers, the Territory Coordinator or Minister must apply the Act's primary purpose – driving economic development – while considering social and environmental outcomes. Where there is inconsistency, the Act's primary purpose prevails. The powers can only operate in relation to laws listed in the Schedule. Any change must be passed by parliament and no new laws can be added to the Schedule by regulation. The table below contains some more details.

    Coordination and acceleration tools

    • The Territory Coordinator can ask responsible entities to start, complete, pause or continue statutory processes within set periods, and request that decisions be made to alleviate delays on complex approvals.
    • For significant projects, works programs, ICA activities or TDA activities, the Territory Coordinator can become the decision-maker instead of a responsible body for a statutory process or decision under a scheduled law. Consultation must be had with the responsible entity and a step-in notice with reasons must be published.
    • The Minister can issue condition variance notices to modify or revoke conditions on existing statutory approvals, provided reasons are published.
    • The Minister can modify or exclude the application of a scheduled law on specified grounds and exemptions may take effect on issue, and are disallowable by the Legislative Assembly within six sitting days.

    Planning and designation changes

    • No public consultation is required to designate a project as significant, but designation does not replace downstream approvals and enables use of the Act's coordination tools.
    • ICAs can be declared without consultation. Infrastructure Coordination Plans (ICPs) must undergo public consultation (with minimum consultation periods to be set in regulations and reasons for decisions to be published).
    • TDAs can be designated without consultation and TDA plans and material variations must be consulted on.

    Land access for preliminary work

    The Territory Coordinator can authorise entry onto land without an ICA or TDA with 14 days' written notice to conduct low-impact investigations, but not entry onto premises without consent. Entry cannot override Commonwealth land rights legislation and compensation for damage is payable under the Act and assessed by the Coordinator.

    Commonwealth laws unaffected

    The Act cannot override Commonwealth legislation and Commonwealth protections and remedies remain intact in relation to access to Aboriginal land.

    Use of the Territory Coordinator Act powers

    The Consultation Paper setting out the role of the Territory Coordinator provides that the capacity to declare a TDA is intended to offer a unique capacity for whole-of-regulatory system master planning and coordination. Examples of cases where this may apply include onshore gas development in the Beetaloo and the Ti Tree Horticultural Precinct.

    On 2 February 2026, the NT Government designated the first TDA under the Act. NT Chief Minister Lia Finocchiaro announced in her Year Ahead speech that a TDA would be established on Darwin Harbour to create a 246-hectare Northern Marine Complex. Territory Coordinator Stuart Knowles said designation as a TDA provides the statutory framework to assess, facilitate and coordinate the delivery of developments of economic significance and to attract investment.

    Priority actions

    Aligned with the Strategy, the Territory Coordinator, working with the Standing Committee on Rebuilding the Economy, will drive delivery against annual targets for the Territory to outpace national economic growth, exceed baseline population growth forecasts, and improve investment attractiveness, with a strategy review scheduled for 2028. Priority actions include coordinating gas-related development to fast-track Territory and national benefits, implementing a new electricity market, and delivering key projects leveraging northern defence investment.

    Insights

    The introduction of the Territory Coordinator Act 2025 represents a significant shift in powers attributed to the Territory Coordinator and the Minister for Territory Coordinator.

    Proponents should monitor the implementation of the Act in its early stages and upcoming economic developments in the Northern Territory. Although the framework is designed to accelerate investment and reduce delays in complex, multi-proponent developments, its practical impacts will turn on consistent application, inter-agency coordination and outcomes from early test cases. Monitoring implementation and any periodic reviews will be essential to prepare for undertaking significant projects in the Northern Territory and understanding the implications of this Act.

    Proponents should:

    • Establish which approval path their project needs, allow for faster timeframes, and expect possible Territory Coordinator involvement.
    • Speak to key stakeholders early, keep clear records, and be ready for changes to approval conditions or legal challenges.
    • Set simple milestones and watch for rule changes, exemptions, and early test cases.

    Other authors: Shayne Solin, Lawyer; Lucas Starkie, Lawyer, and Indiah Smith, Graduate. 

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    The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
    Readers should take legal advice before applying it to specific issues or transactions.