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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 147
As received from the Legislative Council and read a first
time, 17 October 2005
South Australia
Development
(Miscellaneous) Amendment Bill 2005
A Bill For
An
Act to amend the Development Act 1993; and to make related
amendments to the Natural Resources Management Act 2004 and the River
Murray Act 2003.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of
Development Act 1993
4 Amendment of section 4—Interpretation
5 Amendment of section 17—Staff
6 Insertion of Part 2 Division 5
Division 5—Codes of conduct
21A Codes of conduct
7 Amendment of section 24—Council or
Minister may amend a Development Plan
8 Amendment of section 33—Matters
against which a development must be assessed
9 Amendment of section 35—Special
provisions relating to assessment against a development plan
10 Amendment of section 39—Application
and provision of information
11 Amendment of section 41—Time within
which decision must be made
12 Amendment of section 45—Offences
relating specifically to building work
13 Substitution of heading to Part 4
Division 3
14 Amendment of section 49—Crown
development and public infrastructure
15 Substitution of heading to Part 4
Division 3A
16 Amendment of section 49A—Electricity
infrastructure development
17 Amendment of section 50—Open space
contribution scheme
18 Amendment of section 55—Action if
development not completed
19 Amendment of section 56—Completion of
work
20 Insertion of section 56B
56B Building Rules assessment audits
21 Insertion of section 57A
57A Land management agreements—development
applications
22 Amendment of section 71A—Building
inspection policies
23 Amendment of section 89—Preliminary
24 Amendment of section 92—Circumstances
in which a private certifier may not act
25 Amendment of section 93—Authority to
be advised of certain matters
26 Amendment of section 108—Regulations
27 Substitution of heading
28 Amendment of Schedule 1
Schedule 1—Related amendments
Part 1—Preliminary
1 Amendment provisions
Part 2—Amendment of Natural
Resources Management Act 2004
2 Amendment of section 29—Functions of
boards
3 Amendment of section 75—Regional NRM
plans
4 Amendment of section 76—Preparation
of water allocation plans
5 Amendment of section 78—Concept
statement
6 Amendment of section 79—Preparation
of plans and consultation
7 Amendment of section 80—Submission
of plan to Minister
Part 3—Amendment of River
Murray Act 2003
8 Amendment of
section 22—Development of related policies and consideration of activities
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Development (Miscellaneous)
Amendment Act 2005.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Development Act 1993
4—Amendment of section 4—Interpretation
(1) Section 4(1), definition of Building
Code—delete the definition and substitute:
Building Code means an edition of the Building Code of Australia
published by the Australian Building Codes Board, as in force from time to time
and as modified (from time to time) by the variations, additions or exclusions
for South Australia contained in the code, but subject to the operation of
subsection (7);
(2) Section 4(1), definition of building
work, (a)—after "of a building" insert:
(including any incidental excavation or filling of land)
(3) Section
4(1), definition of building work, (b)—delete paragraph (b)
(4) Section 4(1), definition of development—after
paragraph (g) insert:
(ga) prescribed
earthworks (to the extent that any such work or activity is not within the
ambit of a preceding paragraph); or
(5) Section 4(1)—after the definition of land
insert:
LGA
means the Local Government Association of South Australia;
5—Amendment of section 17—Staff
Section 17(2)—delete subsection (2) and
substitute:
(2) A
secretary or other member of staff referred to in subsection (1) will be Public
Service employees.
6—Insertion of Part 2 Division 5
Part 2—after Division 4 insert:
Division 5—Codes
of conduct
21A—Codes of
conduct
(1) The Minister may adopt—
(a) a
code of conduct to be observed by members of the Development Assessment
Commission; and
(b) a
code of conduct to be observed by members of regional development assessment
panels; and
(c) a
code of conduct to be observed by members of development assessment panels
established by councils; and
(d) a
code of conduct to be observed by officers of relevant authorities or other
agencies who are acting under delegations under this Act.
(2) The
Minister may vary a code of conduct, or adopt a new code of conduct in
substitution for an existing code of conduct, in operation under
subsection (1).
(3) Before the Minister adopts or varies a code
of conduct under this section, the Minister must take reasonable steps to
consult with—
(a) the
Environment, Resources and Development Committee of the Parliament; and
(b) the
LGA.
(4) If the Minister adopts or varies a code of
conduct under this section, the Minister must—
(a) publish
a notice of the adoption or variation in the Gazette; and
(b) ensure
that a copy of the code of conduct (as adopted or varied) is kept available for
inspection by members of the public, without charge and during normal office
hours, at an office or offices specified in the regulations.
7—Amendment of section 24—Council or Minister may amend a Development Plan
(1) Section 24(1)—after paragraph (fb) insert:
(fc) where
a regional NRM board has requested a council to proceed with an amendment on
the basis of a regional NRM plan approved under the Natural Resources
Management Act 2004 by the Minister responsible for the administration
of that Act and the council has not acted under section 25 of this Act in
relation to the matter within a period determined by the Minister responsible
for the administration of this Act to be reasonable in the circumstances—by the
Minister;
(2) Section 24—after subsection (2) insert:
(2a) The
Minister must not act under subsection (1)(fc) unless the Minister has, by
notice in writing to the relevant council, given the council an opportunity to
make submissions (within a period specified in the notice) in relation to the
matter, and considered any submission received within the specified period from
the council.
8—Amendment of section 33—Matters against which a development must be assessed
(1) Section
33(1)(c)—delete "by strata plan"
(2) Section
33(1)(d)—delete "by strata plan"
(3) Section 33(1)(d)(v)—delete "by strata
plan" and substitute:
in the proposed manner
(4) Section 33(1)(d)—after subparagraph (v)
insert:
(va) the
division of land under the Community Titles Act 1996 or the Strata
Titles Act 1988 is appropriate having regard to the nature and extent
of the common property that would be established by the relevant scheme;
9—Amendment of section 35—Special provisions relating to assessment against a development plan
(1) Section 35(4)(a)—delete "this
section" and substitute:
this Act at any stage in the process (including in the
circumstances envisaged by section 39(4) and including without hearing (or
further hearing) from the applicant)
(2) Section 35—after subsection (4) insert:
(5) A
proposed development that does not fall into a category of development
mentioned in a preceding subsection will be merit development (and any
such development must be assessed on its merit taking into account the
provisions of the relevant Development Plan).
10—Amendment of section 39—Application and provision of information
Section 39(4)—after paragraph (d) insert:
(e) if
there is an inconsistency between any documents lodged with the relevant
authority for the purposes of this Division (whether by an applicant or any
other person), or between any such document and a development authorisation
that has already been given that is relevant in the circumstances, return or
forward any document to the applicant or to any other person and determine not
to finalise the matter until any specified matter is resolved, rectified or
addressed.
11—Amendment of section 41—Time within which decision must be made
Section 41(2) and (3)—delete
subsections (2) and (3) and substitute:
(2) If a relevant authority does not decide an
application within the time prescribed under subsection (1), the applicant
may—
(a) after
giving 14 days notice in writing to the relevant authority—apply to the Court
for an order requiring the relevant authority to make its determination within
a time fixed by the Court; or
(b) in
the case of a proposed development that falls within the ambit of section 35(5)—give
the relevant authority a notice in accordance with the regulations requiring
the relevant authority to make its determination within 14 days after
service of the notice.
(3) If the Court makes an order under
subsection (2)(a), the Court should also order the relevant authority to
pay the applicant's costs of the proceedings unless the Court is satisfied—
(a) that
the delay is not attributable to an act or omission of the relevant authority;
or
(b) that
the delay is attributable to a decision of the relevant authority not to deal
with the application within the relevant time because—
(i) it
appeared to the relevant authority that there had been a failure to comply with
a requirement prescribed by or under this Act; or
(ii) the
relevant authority was not provided with appropriate documentation or
information relevant to making a decision under this Act; or
(iii) the
relevant authority believed, on other reasonable grounds, that it was not
appropriate to decide the matter in the particular circumstances; or
(c) that
an order for costs should not be made for some other reason.
(4) If
a notice is given under subsection (2)(b) and the relevant authority does
not make a determination on the relevant application within 14 days after
service of the notice, it will be taken that the relevant authority has refused
to grant the application (and the relevant authority will be taken to have
given notice of its decision at that time (and will not need to give any notice
under section 40)).
12—Amendment of section 45—Offences relating specifically to building work
(1) Section 45—after subsection (2) insert:
(2a) If—
(a) any
item or materials incorporated into any building through the performance of any
building work do not comply with the Building Rules (as modified under this Act
and subject to any variation allowed under section 36); and
(b) the
failure to comply is attributable (wholly or in part) to an act or omission of
a person who designed, manufactured, supplied or installed the item or
materials, being an act or omission occurring where it was reasonably
foreseeable that the item or materials would be required to comply with the
Building Rules,
then that person will be guilty of an
offence.
Penalty: Division 4 fine.
(2b) The
fact that a person may have (or has) committed an offence against
subsection (2a) does not affect the requirements imposed on a person by
subsections (1) and (2).
(2) Section 45—after subsection (3) insert:
(4) In this section—
item includes any component, fitting, connection, mounting or
accessory.
13—Substitution of heading to Part 4 Division 3
Heading to Part 4 Division 3—delete the
heading to Division 3 and substitute:
Division 3—Crown development and public
infrastructure
14—Amendment of section 49—Crown development and public infrastructure
(1) Section 49(2)(d) and (e)—delete paragraphs
(d) and (e) and substitute:
lodge an application for approval containing prescribed
particulars with the Development Assessment Commission.
(2) Section 49—after subsection (4) insert:
(4a) If
an application relates to development within the area of a council, the
Development Assessment Commission must give notice containing prescribed
particulars of the development to the council in accordance with the
regulations.
(3) Section 49(5)—delete "under subsection
(2)" and substitute:
under subsection (4a)
(4) Section 49(6)—delete "subsection
(2)" and substitute:
subsection (4a)
(5) Section 49(9)—delete "subsection
(2)" and substitute:
subsection (4a)
15—Substitution of heading to Part 4 Division 3A
Heading to Part 4 Division 3A—delete the
heading to Division 3A and substitute:
Division 3A—Electricity infrastructure
development
16—Amendment of section 49A—Electricity infrastructure development
(1) Section 49A(1)—delete paragraphs (a) and
(b) and substitute:
lodge an application for approval containing prescribed
particulars with the Development Assessment Commission
(2) Section 49A—after subsection (4) insert:
(4a) If
an application relates to development within the area of a council, the
Development Assessment Commission must give notice containing prescribed
particulars of the development to the council in accordance with the
regulations.
(3) Section 49A(6)—delete "subsection
(1)" and substitute:
subsection (4a)
(4) Section 49A(9)—delete "subsection
(1)" and substitute:
subsection (4a)
17—Amendment of section 50—Open space contribution scheme
(1) Section 50(1)(d)—delete paragraph (d) and
substitute:
(d) that
the applicant make the contribution prescribed by the regulations in accordance
with the requirements of this section; or
(2) Section 50(1)—before "and, in so
acting" insert:
according to the determination and specification of the council or
the Development Assessment Commission
(3) Section
50(2)(b)—delete "by strata plan"
(4) Section 50(2)(c)—delete paragraph (c) and
substitute:
(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
(5) Section 50—after subsection (3) insert:
(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.
(6) Section 50(4)(a)—delete "or (2)"
and substitute:
, (2) or (3a)
(7) Section 50(5) and (6)—delete subsections
(5) and (6) and substitute:
(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.
(8) Section 50(7)—delete "the rate of
contribution prescribed by subsection (5)" and substitute:
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
(9) Section 50(10)(b)—after "the
Fund" insert:
or, in the case of money received under subsection (3a), dealt
with in any other manner prescribed by the regulations
18—Amendment of section 55—Action if development not completed
(1) Section 55(1)(b)—delete paragraph (b) and
substitute:
(b) —
(i) the
development to which the approval relates has been commenced but not
substantially completed within the period prescribed by the regulations for the
lapse of the approval; or
(ii) in
the case of a development that is envisaged to be undertaken in stages—the
development is not undertaken or completed in the manner or within the period
contemplated by the approval,
(2) Section 55(3)—after paragraph (c) insert:
(ca) require
the performance of any work;
(cb) require
the making of any application for an appropriate development authorisation
under this Act;
(3) Section 55(5)—delete "(a) or (b)"
and substitute:
(a), (b) or (ca)
(4) Section 55(7), definition of relevant
authority—delete the definition and substitute:
relevant authority means—
(a) a
council; or
(b) a
regional development assessment panel; or
(c) the
Development Assessment Commission; or
(d) the
Minister.
19—Amendment of section 56—Completion of work
Section 56(7), definition of relevant
authority—delete the definition and substitute:
relevant authority means—
(a) a
council; or
(b) a
regional development assessment panel; or
(c) the
Development Assessment Commission; or
(d) the
Minister.
After section 56A insert:
56B—Building
Rules assessment audits
(1) In this section—
building assessment auditor means—
(a) a
person of a class prescribed by the regulations; or
(b) a
person employed or engaged by a body prescribed by the regulations who holds
qualifications prescribed by the regulations.
(2) Any
council or private certifier undertaking the assessment of proposed developments
against the provisions of the Building Rules under this Part must have its, his
or her activities in relation to such assessments audited by a building
assessment auditor in accordance with the requirements of this section.
(3) The purposes of an audit under this section
are—
(a) to
check whether the processes and procedures associated with the assessment of
proposed developments against the provisions of the Building Rules, and with
the granting of any relevant building rules consents or the provision of
certificates of compliance with the provisions of the Building Rules, have been
undertaken in accordance with the requirements of this Act (including
requirements prescribed by the regulations) and, in particular, whether the
matters prescribed by the regulations have been satisfied; and
(b) to
the extent that the auditor thinks that it is appropriate to do so—to allow an
auditor to check technical aspects of assessments of proposed developments
against the provisions of the Building Rules; and
(c) to
examine and, if appropriate, report on any other aspect of the work of the
council or the private certifier prescribed by the regulations for the purposes
of this section.
(4) The first audit under this section must be
completed as follows:
(a) in
relation to a council—within the prescribed period after the commencement of
this section;
(b) in
relation to a private certifier—
(i) if
the private certifier is carrying on business as a private certifier on the
commencement of this section—within the prescribed period after the
commencement of this section;
(ii) if
the private certifier commences business as a private certifier after the
commencement of this section—within the prescribed period after the date on
which the private certifier commences business.
(5) Thereafter,
a council or private certifier must ensure that an audit is completed at least
once in every prescribed period.
(6) A
private certifier must, when renewing any registration as a private certifier
under the regulations (including in a case where the private certifier is only
required to pay an annual registration fee and lodge an annual return),
provide, in a manner determined by the Minister, evidence of compliance with
this section (insofar as may be relevant).
(7) It will be grounds for the cancellation of
the registration of a private certifier if—
(a) the
private certifier has not complied with subsection (6); or
(b) the
registration authority considers that the private certifier has not adequately
addressed any matter identified by an auditor during the course of an audit
under this section.
(8) An
audit conducted under this section will relate to an antecedent period, not
exceeding the prescribed period, determined to be appropriate by the auditor.
(9) An audit under this section may be
conducted by—
(a) analysing
processes and procedures that have been employed by the council or private
certifier to ensure compliance with the requirements of this Act; and
(b) examining
random or selective samples of documents or other records to check on processes
and procedures or to ascertain any other relevant matter; and
(c) conducting
interviews of persons who may be able to provide information relevant to the
audit; and
(d) taking
such other steps or making such other inquiries as the auditor thinks fit.
(10) An
auditor must, before finalising a report for the purposes of this section, give
a copy of the report to the council or private certifier and allow a reasonable
time for the council or private certifier to provide a response with a view to
correcting any error of fact.
(11) An
auditor must report to the Minister any contravention or failure on the part of
a council or private certifier (as the case may be) to comply with the
requirements of this Act (including those prescribed by the regulations) or the
Building Rules in a significant respect or to a significant degree in
undertaking the assessment of proposed developments against the provisions of
the Building Rules under this Part identified by the auditor during the course
of an audit.
(12) If an auditor provides a report to the
Minister under subsection (11), the Minister may, after taking such action
as the Minister thinks fit—
(a) make
recommendations to the council or private certifier (as the case may be);
(b) if
the Minister considers that the council or private certifier (as the case may
be) has contravened or failed to comply with the requirements of this Act
(including those prescribed by the regulations) or the Building Rules in a significant
respect or to a significant degree, give directions to the council or private
certifier to rectify the matter, or to take specified action with a view to
preventing a recurrence of any act, failure or irregularity;
(c) in
the case of a private certifier—disqualify the person from acting as a private
certifier by notice in the Gazette.
(13) The
Minister may, in taking action under subsection (12), if the Minister
thinks fit, appoint an investigator or investigators to carry out an
investigation under section 45A as if a ground had been made out for the
purposes of subsection (1) of that section (and may then act under
subsection (12)(a), (b) or (c) on the basis of a report presented to the
Minister at the conclusion of the investigation).
(14) The
Minister must, before taking action under subsection (12), give the
council or private certifier a reasonable opportunity to make submissions in
relation to the matter.
(15) If—
(a) the
Minister makes a recommendation to a council or private certifier under
subsection (12)(a); and
(b) the
Minister subsequently considers that the council or private certifier has not,
within a reasonable period, taken appropriate action in view of the
recommendation,
the Minister may, after consultation with the council or private
certifier, give directions to the council or private certifier.
(16) A council or private certifier must comply
with a direction under subsection (12) or (15).
Maximum penalty: Division 4 fine.
(17) No
action in defamation lies in respect of the contents of a report under this
section.
(18) An
auditor must, in acting under this section, take into account any guidelines
issued by the Minister for the purposes of this section.
(19) A
person must not act as a building assessment auditor in relation to a
particular council or private certifier if he or she is disqualified from so
acting under the regulations.
(20) A
regulation cannot be made for the purposes of this section unless the Minister
has given the LGA notice of the proposal to make a regulation under this
section and given consideration to any submission made by the LGA within a
period (of between 3 and 6 weeks) specified by the Minister.
(21) Nothing in this section limits or affects
the operation of—
(a) section
45A; or
(b) Chapter
13 Part 3 of the Local Government Act 1999,
(but subject to any direction under this or any other provision,
including under the Local Government Act 1999, a council is not
prevented from acting under this Act on account of a failure to ensure that an
audit is conducted in accordance with the requirements of this section).
(22) Nothing
in this section limits or affects any other provision made by or under this Act
with respect to the registration or activities of private certifiers.
After section 57 insert:
57A—Land
management agreements—development applications
(1) Subject to this section, a designated
authority may enter into an agreement under this section with a person who is
applying for a development authorisation under this Act that will, in the event
that the relevant development is approved, bind—
(a) the
person; and
(b) any
other person who has the benefit of the development authorisation; and
(c) the
owner of the relevant land (if he or she is not within the ambit of
paragraph (a) or (b) and if the other requirements of this section are
satisfied).
(2) An
agreement under this section may relate to any matter that the person applying
for the development authorisation and the designated authority agree is
relevant to the proposed development (including a matter that is not
necessarily relevant to the assessment of the development under this Act).
(3) However, the parties proposing to enter into
an agreement must have regard to—
(a) the
provisions of the appropriate Development Plan; and
(b) the
principle that the entering into of an agreement under this section by the
designated authority should not be used as a substitute to proceeding with an
amendment to a Development Plan under this Act.
(4) An
agreement under this section cannot require a person who has the benefit of the
relevant development authorisation to make a financial contribution for any
purpose that is not directly related to an issue associated with the
development to which the agreement relates.
(5) Agreements
entered into under this section must be registered in accordance with the
regulations.
(6) A
register must be kept available for public inspection (without charge) in
accordance with the regulations.
(7) A
person is entitled, on payment of the prescribed fee, to a copy of an agreement
registered under subsection (5).
(8) If
an agreement is entered into under this section in connection with an
application for a development authorisation with respect to a Category 2 or
Category 3 development, a note of the existence of the agreement must be
included on the notice of the relevant authority's decision under this Act.
(9) A development to which an agreement under
this section relates cannot be commenced pursuant to the relevant development
approval unless or until the agreement has effect under this section.
Penalty: Division 3 fine.
Additional penalty.
Default penalty: $500.
(10) An
agreement under this section does not have effect unless or until it is noted
against the relevant instrument of title or land under this section.
(11) If
an owner of the land is not a party to an agreement, an application to note the
agreement against the relevant instrument of title or the land cannot be made
without the consent of the owner (and the owner has a discretion as to whether
or not to give his or her consent under this subsection).
(12) An
owner of land must not enter into an agreement, or give a consent under
subsection (11), unless all other persons with a legal interest in the
land consent.
(13) A
consent must be given in a manner and form determined by the Registrar-General.
(14) If
the Registrar-General is satisfied that the requirements of this section have
been satisfied, the Registrar-General must, on an application of a party to an
agreement, note the agreement against the relevant instrument of title or, in
the case of land not under the provisions of the Real Property Act 1886,
against the land.
(15) Where
a note has been entered under subsection (14), the agreement is binding on
the current owner of the land whether or not the owner was an initial party to
the agreement or the person who gave any consent for the purposes of
subsection (11), and notwithstanding the provisions of the Real
Property Act 1886.
(16) The
Registrar-General must, if satisfied on the application of a party to the
agreement, the Minister, or any owner of the relevant land, that an agreement
under this section has been rescinded or amended, enter a note of the
rescission or agreement against the instrument of title, or against the land.
(17) The
fact that the Minister or a council is a party to an agreement under this
section does not prevent the Development Assessment Commission or the council
(or a delegate of the Development Assessment Commission or the council) from
acting as a relevant authority under this Act in relation to the proposed
development.
(18) If
an agreement under this section does not have effect under this section (see
subsection (10)) within the period prescribed by the regulations, the
relevant authority may, by notice given in accordance with the regulations,
lapse the relevant development approval (and the agreement will then be
rescinded by force of this subsection).
(19) Despite
a preceding subsection, an agreement under this section cannot make provision
with respect to any matter excluded from the ambit of this section by the
regulations.
(20) Nothing
in this section affects or limits the operation of section 57.
(21) In this section—
designated authority means—
(a) the
Minister; or
(b) another
Minister designated by the Governor, by notice in the Gazette, as being a
designated authority for the purposes of this section; or
(c) a
council.
22—Amendment of section 71A—Building inspection policies
Section 71A—after subsection (4) insert:
(4a) A
building inspection policy must comply with any regulation prescribing a
minimum level of inspections to be carried out by the council on an annual
basis with respect to building work within its area (including building work
assessed by private certifiers under Part 12).
(4b) A
regulation under subsection (4a) may prescribe different levels for
different classes of buildings.
(4c) A
regulation cannot be made under subsection (4a) unless the Minister has
given the LGA notice of the proposal to make a regulation under that subsection
and given consideration to any submission made by the LGA within a period (of
between 3 and 6 weeks) specified by the Minister.
23—Amendment of section 89—Preliminary
Section 89(6)—delete "under" and
substitute:
for the purposes of
24—Amendment of section 92—Circumstances in which a private certifier may not act
Section 92(1)—after paragraph (c) insert:
(d) if
he or she is excluded from acting pursuant to the regulations.
25—Amendment of section 93—Authority to be advised of certain matters
Section 93—after its present contents (now
to be designated as subsection (1)) insert:
(2) A
private certifier must, in the notification furnished under
subsection (1)(b)(i), specify any variation that has been made to any plan
or other documentation on account of a requirement under this or any other Act
(and such a variation may then be taken into account for the purposes of
providing any development authorisation under this Act).
26—Amendment of section 108—Regulations
(1) Section 108(2)—delete "the
Schedule" and substitute:
Schedule 1
(2) Section 108(7)—delete subsection (7) and
substitute:
(7) The
regulations may provide for the effect of failing to comply with any time limit
or requirement prescribed by the regulations, including by providing that any
action taken after the expiration of any such time limit or in a manner
inconsistent with any such requirement will not have effect under this Act.
Schedule—delete the heading to the
Schedule and substitute:
Schedule 1—Regulations
After item 45 insert:
46. |
The fixing of an expiation fee in respect of any offence against
this Act or the regulations (being a fee equal to 5 per cent of the maximum
fine that a court could impose as a penalty for the particular offence or a
fee of $315, whichever is the greater). |
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment
of Natural Resources Management Act 2004
2—Amendment of section 29—Functions of boards
Section 29(1)—after paragraph (e) insert:
(ea) to
undertake an active role in ensuring—
(i) that
any Development Plan under the Development Act 1993 that applies
within its region promotes the objects of this Act; and
(ii) insofar
as is reasonably practicable, that those Development Plans and the board's
regional NRM plan form a coherent set of policies,
and, in so doing, when a Development Plan Amendment under the Development
Act 1993 that is relevant to the activities of the board is under
consideration under that Act, to work with—
(iii) in
the case of a Development Plan Amendment proposed by a council—the council; or
(iv) in
the case of a Development Plan Amendment proposed by a Minister—that Minister's
department;
3—Amendment of section 75—Regional NRM plans
Section 75(3)(f)—delete paragraph (f) and
substitute:
(f) identify
any policies reflected in a Development Plan under the Development
Act 1993 that applies within its region that should, in the opinion of
the board, be reviewed under that Act in order to promote the objects of this
Act or to improve the relationship between the policies in the Development Plan
and the policies reflected in the board's plan; and
(fa) identify
the changes (if any) considered by the board to be necessary or desirable to
any other statutory instrument, plan or policy (including subordinate
legislation) to promote the objects of this Act and, insofar as the plan may
apply within a part of the Murray-Darling Basin, the objects of the River
Murray Act 2003 and the Objectives for a Healthy River Murray
under that Act;
4—Amendment of section 76—Preparation of water allocation plans
Section 76(4)(h)(ii)—delete subparagraph
(ii) and substitute:
(ii) identify
any policies reflected in a Development Plan under the Development
Act 1993 that applies within its region that should, in the opinion of
the board, be reviewed under that Act in order to improve the relationship in
the policies in the Development Plan and the policies reflected in the water
allocation plan; and
(iii) identify
the changes (if any) considered by the board to be necessary or desirable to
any other statutory instrument, plan or policy (including subordinate
legislation);
5—Amendment of section 78—Concept statement
Section 78(4)(a)—delete paragraph (a)
6—Amendment of section 79—Preparation of plans and consultation
(1) Section 79(2), (3), (4) and (5)—delete
subsections (2), (3), (4) and (5) and substitute:
(2) The
board must, during the preparation of the draft plan, take into account any
relevant submissions made to the board in relation to the matter.
(2) Section
79(6)(a)(ii)—delete subparagraph (ii)
7—Amendment of section 80—Submission of plan to Minister
Section 80(17), (18), (19) and (20)—delete subsections (17), (18),
(19) and (20)
Part 3—Amendment
of River Murray Act 2003
8—Amendment of section 22—Development of related policies and consideration of activities
Section 22(3)—delete subsection (3)