South Australian Consolidated Regulations

DEVELOPMENT REGULATIONS 2008 - REG 11A

11A—Public consultation—sections 25 and 26

        (1)         For the purposes of sections 25 and 26 of the Act, public notice of a DPA must be given by publication in the designated manner of a notice—

            (a)         advising the times and places at which the DPA is available for inspection (without charge) and purchase by the public; and

            (b)         inviting any interested person to make written submissions on the amendment—

                  (i)         if the amendment has been prepared by a council—to the council;

                  (ii)         if the amendment has been prepared by the Minister—to the Advisory Committee, or to a committee specifically appointed by the Minister for the purposes of the amendment,

within the relevant period specified in the notice; and

            (c)         stating that the submissions will be available for inspection by any interested person at a place specified in the notice from the expiration of the period specified under paragraph (b), until the conclusion of any public meeting held for the purposes of section 25(11)(b) or 26(5c)(b) of the Act (or, if no such meeting is to be held, until the decision is made not to hold the meeting); and

            (d)         providing information about when and where any public meeting is proposed to be held for the purposes of section 25(11)(b) or 26(5c)(b) of the Act (subject to a decision being made under the relevant section not to hold a meeting).

        (2)         The notices required under subregulation (1) will be published—

            (a)         if the amendment has been prepared by a council—by the council;

            (b)         if the amendment has been prepared by the Minister—by the Advisory Committee, or by the committee referred to in subregulation (1)(b)(ii).

        (3)         If 1 or more written submissions are made in response to a notice published under subregulation (1), a copy of each submission must be made available for inspection in accordance with the statement included under subregulation (1)(c).

        (4)         For the purposes of sections 25(9)(c) and 26(5b)(c) of the Act, the written notice must include the same information required for a notice under subregulation (1).

        (5)         A council must ensure that a copy of any DPA released for public consultation under section 25 of the Act is provided to the Minister within 2 business days after that release.

        (6)         For the purposes of subregulation (1), the designated manner for giving public notice of a DPA is—

            (a)         by publication of the notice in the Gazette; and

            (b)         in the case of a DPA under section 25 of the Act—

                  (i)         unless subparagraph (ii) applies—by publication of the notice in a newspaper circulating generally throughout the State; or

                  (ii)         if the Statement of Intent provides a form of publication as an alternative to publication in the manner contemplated by subparagraph (i)—by publication in a manner specified in the Statement of Intent; and

            (c)         in the case of a DPA under section 26 of the Act—by publication of the notice in a newspaper circulating generally throughout the State.