South Australian Consolidated Acts South Australian Consolidated Acts50—Open space contribution scheme
(1) Where an
application under this Part provides for the division of land into more than
20 allotments, and one or more allotments is less than one hectare in
area—
(a) the
council in whose area the land is situated; or
(b) if
the land is not situated within the area of a council—the
Development Assessment Commission,
may require—
(c) that
up to 12.5 per cent in area of the relevant area be vested in the council or
the Crown (as the case requires) to be held as open space; or
(d) that
the applicant make the contribution prescribed by the regulations in
accordance with the requirements of this section; or
(e) that
land be vested in the council or the Crown under paragraph (c) and that
the applicant make a contribution determined in accordance with
subsection (7),
according to the determination and specification of the council or the
Development Assessment Commission and, in so acting, the council or the
Development Assessment Commission must have regard to any relevant provision
of the Development Plan that designates any land as open space and, in the
case of a council, must not take any action that is at variance with that
Development Plan without the concurrence of the
Development Assessment Commission.
(2) Where an
application under this Part provides for—
(a) the
division of land into 20 allotments or less, and one or more allotments is
less than one hectare in area; or
(b) the
division of land under the Community Titles Act 1996 or the Strata
Titles Act 1988 ,
then, unless the division is of a kind excluded from the operation of this
section by the regulations—
(c) the
Development Assessment Commission may require the applicant to pay to the
Development Assessment Commission the contribution prescribed by the
regulations in accordance with the requirements of this section; or
(d) the
Development Assessment Commission may enter into an agreement with the
applicant under which—
(i)
certain land described by the relevant plan will be
vested (as a separate allotment) in the council in whose area the land is
situated or, where the land is not situated within the area of a council, in
the Crown, to be held as open space; and
(ii)
the applicant will make a contribution under this
section.
(3) Where land
referred to in subsection (2) is in the area of a council, the council
must be a party to an agreement referred to in subsection (2)(d).
(3a) Where an
application under this Part provides for the undertaking of development of a
prescribed class in prescribed circumstances (being development that does not
fall within the ambit of subsection (1) or (2)), the
Development Assessment Commission may require—
(a) that
an area not exceeding the prescribed percentage of the total area of the site
of the development be kept as open space or in some other form that allows for
active or passive recreation (as determined by the
Development Assessment Commission), with some or all of this area to be vested
in the Crown or, with the concurrence of the council, a council; or
(b) that
the applicant pay the contribution prescribed by the regulations to the
Development Assessment Commission; or
(c) that
certain land be kept in the manner contemplated by paragraph (a) and that
the applicant will make a contribution to the
Development Assessment Commission under this section.
(3b) The percentage
prescribed under subsection (3a)(a) must not exceed 12.5 per cent.
(4) The council and
the Development Assessment Commission must ensure that there is consistency
between—
(a) a
requirement imposed under subsection (1), (2) or (3a), or an agreement
entered into under subsection (2); and
(b) the
terms of any development authorisation given under this Act.
(5) Without limiting
the operation of any other provision of this Act, the regulations prescribing
rates of contribution for the purposes of this section may make different
provisions according to designated parts of the State delineated by zone maps
in Development Plans.
(7) The contribution
that may be required under subsection (1)(e) will be determined in
accordance with the following formula:
where—
"P" = the contribution payable
"PC" = the rate of contribution prescribed by the regulations for each new
allotment or strata lot within the relevant part of the State that do not
exceed 1 hectare in area
"OS" = the area of land (expressed as a percentage of the relevant area) to be
vested in the council or the Crown as open space
"NA" = the number of new allotments or strata lots delineated on the plan that
do not exceed one hectare in area.
(8) For the purposes
of this section, where a plan divides a number of existing allotments or
strata lots into an equal or lesser number of allotments or strata lots, the
allotments or strata lots into which the land is divided will not be regarded
as being new allotments or strata lots, and where a plan divides a number of
existing allotments or strata lots into a greater number of allotments or
strata lots, the number by which the greater number of allotments or
strata lots exceeds the existing number of allotments or strata lots will be
taken to be the number of new allotments or strata lots created by the plan
and, for the purpose of determining the area of the new allotments or
strata lots, the smallest allotment or strata lot delineated on the plan will
be regarded as the first of the new allotments or strata lots, the next to
smallest will be regarded as the second, and so on.
(9) Payment by the
applicant under subsection (1) must be made—
(a) to
the council in whose area the land is situated;
(b) if
the land is not situated within the area of a council—to the
Development Assessment Commission.
(10) Money received
under this section—
(a) in
the case of money received by a council—must be immediately paid into a
special fund established for the purposes of this section and applied by the
council for the purpose of acquiring or developing land as open space;
(b) in
the case of money received by the Development Assessment Commission—must
be paid into the Fund or, in the case of money received under
subsection (3a), dealt with in any other manner prescribed by the
regulations.
(11) Where a council
or the Development Assessment Commission is satisfied that the division of
land is being undertaken in stages, this section does not apply to an
application for development authorisation to the extent that an earlier
application in respect of the same development has addressed the requirements
of this section in respect of the area of land as a whole.
(12) This section does
not apply to a development approved under Division 3 unless—
(a) the
approval provides for the division of land into five or more allotments; and
(b) the
Minister, at the time that the approval is given under that Division, by
notice in writing to the relevant State agency, the Development
Assessment Commission and the council in whose area the land is situated,
determines that this section will apply.
(13) In this section,
unless the contrary intention appears—
"allotment" has the same meaning as in Part 19AB of the Real Property
Act 1886 and in addition includes a community lot (not being a
strata lot) and a development lot within the meaning of the Community Titles
Act 1996 but does not include—
(a) a
strata lot within the meaning of the Community Titles Act 1996 or a unit
within the meaning of the Strata Titles Act 1988 or common property
within the meaning of either of those Acts; or
(b) a
road, street, thoroughfare, reserve or other similar open space delineated on
the relevant plan;
"strata lot" means a strata lot within the meaning of the Community Titles
Act 1996 and includes a unit created by a strata plan under the
Strata Titles Act 1988 ;
"the relevant area" means the area of land delineated on the relevant plan,
excluding any allotment that exceeds one hectare in area other than a road,
street, thoroughfare, reserve or similar open space delineated on the relevant
plan.