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This is a Bill, not an Act. For current law, see the Acts databases.
House of
As laid on the table and read a first time,
Development
(Development Plans) Amendment Bill 2006
A Bill For
An
Act to amend the Development Act 1993 and to make related
amendments to the Local Government Act 1999 and the Parliamentary
Committees Act 1991.
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 Insertion of section 10A
10A Special provision relating to
constitution of Development Assessment Commission
6 Amendment of section 11—Functions of
the Development Assessment Commission
7 Amendment of section 21—Annual
report
8 Amendment of section 22—The Planning
Strategy
9 Amendment of section 23—Development
Plans
10 Amendment of section 24—Council or
Minister may amend a Development Plan
11 Amendment of section 25—Amendments by
a council
12 Amendment of section 26—Amendments by
the Minister
13 Amendment of section 27—Parliamentary
scrutiny
14 Amendment of section 28—Interim
development control
15 Amendment of section 29—Certain
amendments may be made without formal procedures
16 Substitution of Part 3 Division 2
Subdivision 3
Subdivision 3—Strategic
Directions Reports
30 Strategic Directions Reports
17 Insertion of section 31A
31A Investigations
18 Amendment of section 45A—Investigation
of development assessment performance
19 Amendment of section 46—Declaration by
Minister
20 Repeal of section 46A
21 Amendment of section 46B—EIS process—Specific
provisions
22 Amendment of section 46C—PER process—Specific
provisions
23 Amendment of section 46D—DR process—Specific
provisions
24 Amendment of section 48—Governor to
give decision on development
25 Amendment of section 48E—Protection
from proceedings
26 Amendment of section 49—Crown
development and public infrastructure
27 Amendment of section 49A—Electricity
infrastructure development
28 Amendment of section 52A—Avoidance of
duplication of procedures etc
29 Amendment of section 75—Applications
for mining tenements to be referred in certain cases to the Minister
30 Insertion of section 101A
101A Councils to establish strategic
planning and development policy committees
Schedule 1—Related amendments and transitional provisions
Part 1—Amendment of Local
Government Act 1999
1 Amendment of section 90—Meetings to
be held in public except in special circumstances
2 Amendment of section 122—Strategic
management plans
Part 2—Amendment of Parliamentary
Committees Act 1991
3 Amendment of section 15L—Functions
of Committee
Part 3—Transitional provisions
4 Interpretation
5 Plan Amendment Reports
6 Strategic Directions Reports
7 Major Developments Panel
8 Other provisions
The Parliament of
This Act may be cited as the Development (Development Plans)
Amendment Act 2006.
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)—after the definition of local
heritage place insert:
locality includes a road, street or thoroughfare;
(2) Section
4(1), definition of Major Developments Panel—delete the
definition
After section 10 insert:
10A—Special
provision relating to constitution of Development Assessment Commission
(1) When
the Minister makes a declaration under section 46, the Minister may (but need
not) appoint 1 or 2 persons to the Development Assessment Commission to act as
additional members for the purposes of dealing with any matter relating to the
declaration that involves the Development Assessment Commission under
Part 4 Division 2 Subdivision 1.
(2) A
person appointed under subsection (1) will be selected from a list of
persons established by the Minister for the purposes of this section.
(3) A
person will hold office under this section on terms and conditions determined
by the Minister and, on the expiration of a term of office, is eligible for
reappointment.
(4) The
Minister should, in establishing a list under this section, seek to obtain a
wide range of expertise relevant to the consideration of major developments or
projects within the State.
(5) The
Minister must consult with the Minister for the River Murray with a view to
including on the list 1 or more persons who, in the opinion of the Minister for
the River Murray, have extensive knowledge of, or experience in dealing with,
issues that are relevant to the protection or management of the River Murray.
(6) If it appears that a development or project
may have a significant impact on any aspect of—
(a) the
River Murray within the meaning of the River Murray Act 2003—the
Minister must make an appointment under subsection (1) and the person so
appointed, or at least 1 person so appointed, must be a person approved by the
Minister for the River Murray;
(b) the
Adelaide Dolphin Sanctuary—the Minister must make an appointment under
subsection (1) and the person so appointed, or at least 1 person so
appointed, must be a person approved by the Minister for the Adelaide Dolphin
Sanctuary.
(7) The
Minister must ensure that a list established by the Minister under this section
is published on a website maintained by the Minister or the Minister's
Department.
6—Amendment of section 11—Functions of the Development Assessment Commission
(1) Section
11(1)(b) and (c)—delete paragraphs (b) and (c)
(2) Section 11—after subsection (1) insert:
(1a) The
Development Assessment Commission may, as it thinks fit, provide advice and
reports to the Minister on trends, issues and other matters that have become
apparent or arisen through its assessment of applications under this Act.
7—Amendment of section 21—Annual report
Section 21(1)—delete "30
September" and substitute:
31 October
8—Amendment of section 22—The Planning Strategy
(1) Section 22—After subsection (3a)
insert:
(3b) The
Minister must ensure that the various parts of the Planning Strategy are
reviewed at least once in every 5 years.
(3c) Different parts may be reviewed at different
times but any review must include—
(a) an
assessment of relevant trends in the strategies of the Government; and
(b) an
assessment of the consistency between the part or parts under review and other
major policy documents and strategies of the Government that are relevant to
the material under review (as determined by the Minister),
(and may include other matters as the Minister thinks fit).
(2) Section 22(6)—delete "30
September" and substitute:
31 October
(3) Section 22—after subsection (7) insert:
(7a) The
report required under subsection (6) may be incorporated into (and
presented as part of) the annual report of the Minister under section 21.
9—Amendment of section 23—Development Plans
Section 23—after subsection (3)
insert:
(3a) A
Development Plan may, in setting out objectives or principles under
subsection (3)(a), describe the characteristics and other aspects of the
natural or constructed environment that are desired within the community in
order to provide clear directions with respect to development in the relevant
area.
10—Amendment of section 24—Council or Minister may amend a Development Plan
(1) Section 24(1)(a)(iv)—delete subparagraph
(iv) and substitute:
(iv) where
the Minister considers that the council has demonstrated undue delay in the
preparation, consideration or finalisation of a Development Plan Amendment in
accordance with the provisions of this subdivision and that the amendment
should proceed after taking into account the significance of the amendment and
the provisions of the Planning Strategy—by the Minister;
(2) Section 24(1)(a)(iva)—delete subparagraph
(iva) and substitute:
(iva) where—
(A) a
Development Plan Amendment prepared by the council has lapsed under
section 25; or
(B) the
council has, after commencing the processes associated with making an amendment
set out in section 25, subsequently decided not to proceed with the
amendment after all; or
(C) the
council has, after being required by the Minister to take or complete any step
associated with the finalisation of an amendment (including an amendment that
has been divided under section 25(15)(f)), failed to take that step within
a time specified by the Minister,
by the Minister;
(3) Section 24(1)(a)(v)—delete subparagraph (v)
and substitute:
(v) where—
(A) the
council has failed to comply with a requirement of section 30 relating to
the preparation or completion of a report under that section; or
(B) the
Minister considers that the council has, in connection with the preparation of
a report under section 30, acted unreasonably in not agreeing with the
Minister on the steps that the council will take to amend any relevant
Development Plan under this subdivision, or that the council has failed to
comply with the terms of any relevant agreement with the Minister, or
requirement prescribed by the regulations, under that section,
by the Minister;
(4) Section 24(1)(b)(ii)—after "by the
relevant councils" insert:
at the request or
(5) Section 24(1)(b)(ii)—delete
"section 25" and substitute:
this subdivision
(6) Section 24(1)—after paragraph (d) insert:
(da) where
the amendment—
(i) relates
to the format of a Development Plan, or to the headings, terms, names, numbers
or other forms of identifying or classifying material used in a Development
Plan; or
(ii) relates
to a set of objectives or principles that have been developed by the Minister
with a view to providing or enhancing consistency in the policies, or specific
classes of policies, that are to apply under this Act and that have been
identified for the purposes of this provision by the Minister by notice in the
Gazette,
by the Minister (including an amendment that may only relate to 1
Development Plan in a particular circumstance); or
(7) Section 24(1)—after paragraph (g)
insert:
(ga) where
the Minister who is responsible for the administration of the Mining Acts has
requested the Minister to take action under this Act to address a matter or
matters relating to planning or development that may arise in connection with
an area that may be subject to, or affected by, operations carried out under a
Mining Act; or
(8) Section 24—after subsection (1) insert:
(1a) Two
or more councils may act jointly in preparing amendments to 1 or more
Development Plans under subsection (1)(a)(i) or (b)(ii) and, in such a
case, 1 set of amendments, and 1 DPA, may relate to all of the relevant
Development Plans (and this subdivision will apply with any necessary
modifications).
(1b) The
Minister must not act under subsection (1)(a)(v) unless the Minister has,
by notice in writing to the relevant council, given the council at least
6 weeks to make submissions in relation to the matter, and considered any
submission received from the council within the period specified by the
Minister.
11—Amendment of section 25—Amendments by a council
(1) Section 25(2)—after "the Planning
Strategy" insert:
(and may consult with the Advisory Committee with respect to any
other matter that should, in the opinion of the Minister, be referred to the
Advisory Committee for advice)
(2) Section 25(3) to (11) (inclusive)—delete
subsection (3) to (11) and substitute:
(3) If or when agreement is reached, and the
council decides to proceed, the council must prepare a proposal, to be called a
"Development Plan Amendment" (or DPA), that complies
with the following requirements:
(a) the
DPA must be based on the outcome of investigations initiated by the council in
accordance with the terms of the Statement of Intent and such other
investigations (if any) as the council thinks fit;
(b) the
DPA must include an assessment of the extent to which the proposed amendment—
(i) accords
with the Planning Strategy; and
(ii) accords
with the Statement of Intent; and
(iii) accords
with other parts of the Development Plan; and
(iv) complements
the policies in the Development Plans for adjoining areas; and
(v) satisfies
the matters prescribed in the regulations;
(c) the
DPA must include—
(i) an
explanation of the intent of the proposed amendment, the relationship between
that intent and the policy of the Statement of Intent, and a summary of the
major policy changes (if any) that are proposed; and
(ii) a
summary of the conclusions drawn from the investigations and assessments
referred to above; and
(iii) a
draft of the amendment, or a draft of the relevant section of the Development
Plan as amended (with the amendments shown in a distinctive manner);
(d) the
DPA must include an assessment of the extent to which the proposed amendment
accords with relevant infrastructure planning (with respect to both physical
and social infrastructure) identified by the council through strategic planning
or other processes undertaken by the council under this Act or the Local
Government Act 1999 or identified by a Minister, or any other relevant
government agency, in accordance with any scheme set out in the regulations, in
connection with the preparation of the DPA under this Act;
(e) the
DPA must include any other matter prescribed by the regulations.
(4) A
DPA may only be prepared after the council has considered the advice of a
person with prescribed qualifications.
(5) Despite
a preceding subsection, a council cannot, except as authorised by the Minister,
propose an amendment to a part of a Development Plan that has been declared by
the Minister by notice in the Gazette as being part of a set of standard policy
modules for the purposes of this Act.
(6) When
the council has prepared a DPA in accordance with the preceding subsections,
the DPA will be dealt with in accordance with process A, B or C, as described
below, depending on an agreement reached between the council and the Minister
as part of the Statement of Intent, or at some later time if so determined or
agreed by the Minister.
(7) Process A is as follows:
(a) the
council must first refer the DPA to any government Department or agency that
has a direct interest in the matter, and any other body specified in the
Statement of Intent, for comment within the period prescribed by the
regulations;
(b) the
Minister will then consider the matter and any comment from a Department,
agency or other body to which the DPA has been referred, although if a response
is not received by the council within the period that applies under
paragraph (a), the council and the Minister may assume that the particular
Department, agency or other body does not desire to provide any comment;
(c) the
Minister may then give his or her approval to the release of the DPA or, after
consultation with the council—
(i) require
an alteration to the DPA (and in such a case the council must comply with the
requirement); or
(ii) determine
that the DPA be divided into parts (with or without alterations) and that each
part be dealt with separately (and in such a case the determination will have
effect according to its terms and each part will then be taken to be a separate
DPA for the purposes of this Act);
(d) the
council must then release the DPA for public consultation, in accordance with
the regulations, over a period of at least 8 weeks.
(8) Process B is as follows:
(a) if
required by the Minister, the council must first refer the DPA to the Minister
for consideration and the Minister may, after consultation with the council—
(i) require
an alteration to the DPA (and in such a case the council must comply with the
requirement); or
(ii) determine
that the DPA be divided into parts (with or without alterations) and that each
part be dealt with separately (and in such a case the determination will have
effect according to its terms and each part will then be taken to be a separate
DPA for the purposes of this Act);
(b) subject
to complying with paragraph (a) (if relevant), the council must—
(i) refer
the DPA to any government Department or agency that has a direct interest in
the matter, and any other body specified in the Statement of Intent, for
comment within a period of 8 weeks (and if a response is not received by
the council within this period then the council and the Minister may assume
that the particular Department, agency or body does not desire to provide any
comment); and
(ii) release
the DPA for public consultation, in accordance with the regulations, over a
period that is at least concurrent with the period that applies under
subparagraph (i).
(9) Process C is as follows:
(a) the
council must refer the DPA to any government Department or agency that has a
direct interest in the matter, and any other body specified in the Statement of
Intent, for comment within a period of 4 weeks (and if a response is not
received by the council within this period then the council and the Minister
may assume that the particular Department, agency or body does not desire to
provide any comment);
(b) the
council must release the DPA for public consultation, in accordance with the
regulations, over a period that is at least concurrent with the period that
applies under paragraph (a);
(c) the
council must, at the time that the DPA is released for public consultation,
give—
(i) an
owner or occupier of any land that is directly subject to the operation of the
proposed amendment; and
(ii) an
owner or occupier of each piece of adjacent land to land that is directly
subject to the operation of the proposed amendment,
a written notice in accordance with the regulations.
(10) A council must not release a DPA for public
consultation unless or until the chief executive officer of the council has, on
behalf of the council, issued a certificate in the prescribed form relating to
the extent to which the proposed amendment—
(a) accords
with the Planning Strategy; and
(b) accords
with the Statement of Intent; and
(c) accords
with other parts of the Development Plan; and
(d) complements
the policies in the Development Plans for adjoining areas; and
(e) satisfies
the matters prescribed in the regulations.
(11) In addition to any requirement prescribed by
the regulations, a council must, for the purposes of undertaking the public
consultation required above—
(a) allow
interested persons to make representations in writing to the council in
relation to the matter over the period that applies for the purposes of the
public consultation; and
(b) hold
within its area at least 1 meeting where members of the public may attend and
make representations in relation to the matter (although if no written
representation under paragraph (a) indicates an interest to be heard, a
meeting need not be held and, in a case where section 24(1a) applies, only
1 meeting need be held in the area of 1 relevant council); and
(c) appoint
a committee (which may, but need not, include members of the council) to
consider any representations made under paragraph (a) or (b) and to
provide advice to the council in relation to these representations.
(3) Section 25(12)—delete "Plan
Amendment Report" and substitute:
DPA
(4) Section 25(13)(a)—after "during the
consultation period" insert:
, on the reasons for any failure to comply with any time set for
any step under those subsections,
(5) Section 25(13)(a)—after "proposed
amendment" insert:
(but these alterations cannot have effect until approved by the
Minister under subsection (15))
(6) Section 25(15)—delete "The
Minister must, on the receipt of a report under subsection (13)(a), seek
the advice of the Advisory Committee" and substitute:
On the receipt of a report under subsection (13)(a)
(7) Section 25(15)(a)—delete
paragraph (a) and substitute:
(a) the
Minister must seek the advice of the Advisory Committee if the Minister is of
the opinion that the proposed amendment would not be in accordance with the
Planning Strategy (and may seek the advice of the Advisory Committee with
respect to any other matter that should, in the opinion of the Minister, be
referred to the Advisory Committee for advice); and
(8) Section 25(15)(b)—before "if the
owner of the land" insert:
the Minister must seek the advice of the Advisory Committee
(9) Section 25(19)—delete "Plan Amendment
Report" wherever occurring and substitute in each case:
DPA
(10) Section 25(20)—after "by the
Minister" insert:
(and if no period is so specified, is a period determined in
accordance with the regulations)
(11) Section 25—after subsection (21)
insert:
(21a) Despite a preceding subsection, if, in
relation to a particular DPA—
(a) any
relevant period applying under subsection (19) has expired; and
(b) at
least 5 years have elapsed since agreement was reached on the Statement of
Intent under subsection (1),
the DPA will lapse by force of this subsection at the end of a
period prescribed by the regulations unless the Minister, by notice in the
Gazette, exempts the DPA from the operation of this subsection.
(21b) An
exemption under subsection (21a) may include a condition that will result
in the DPA lapsing in any event if the terms of the condition are not met.
(12) Section 25—after subsection (22)
insert:
(23) If
a DPA or amendment is divided under this section, the Minister may, after
consultation with the relevant council, modify the Statement of Intent to set
new timelines or to make such other modifications as appear to the Minister to
be reasonable in view of the division.
12—Amendment of section 26—Amendments by the Minister
(1) Section 26(1) to (5) (inclusive)—delete
subsections (1) to (5) and substitute:
(1) If the Minister is considering an amendment
to a Development Plan, the Minister must first prepare a proposal, to be called
a "Development Plan Amendment" (or DPA), that complies
with the following requirements:
(a) the
DPA must be based on investigations initiated by the Minister for the purposes
of this section;
(b) the
DPA must include an assessment of the extent to which the proposed amendment—
(i) accords
with the Planning Strategy; and
(ii) accords
with other parts of the Development Plan; and
(iii) complements
the policies in Development Plans for adjoining areas; and
(iv) satisfies
the requirements prescribed by the regulations;
(c) the
DPA must include—
(i) an
explanation of the proposed amendment and a summary of the major policy changes
(if any) that are proposed; and
(ii) a
summary of the conclusions drawn from the investigations and assessments
referred to above; and
(iii) a
draft of the amendment, or a draft of the relevant section of the Development
Plan as amended (with the amendments shown in a distinctive manner);
(d) the
DPA must include an assessment of the extent to which the proposed amendment
accords with relevant infrastructure planning (with respect to both physical
and social infrastructure) identified by the Minister for the purpose of this
section;
(e) the
DPA must include any other matter prescribed by the regulations.
(2) The
DPA may incorporate any material prepared by a council in relation to an
amendment that was proposed under section 25.
(3) A
DPA may only be prepared after the Minister has considered the advice of a
person with prescribed qualifications.
(4) When
the Minister has prepared a DPA in accordance with the preceding subsections,
the DPA will be dealt with in accordance with process A, B or C, as described
below, depending on the determination of the Minister.
(5) Process A is as follows:
(a) the
Minister will first refer the DPA to any government Department or agency that,
in the opinion of the Minister, has a direct interest in the matter (and any
other body as the Minister thinks fit) for comment within the period prescribed
by the regulations;
(b) the
Minister will then consider the matter and any comment from a government
Department, agency or other body to which the DPA has been referred, although
if a response is not received by the Minister within the period that applies
under paragraph (a), the Minister may assume that the particular Department,
agency or other body does not desire to provide any comment;
(c) the
Minister may then determine whether or not to alter the DPA;
(d) the
Minister will then—
(i) refer
the DPA to any council that, in the opinion of the Minister, has a direct
interest in the matter for comment within a period of 8 weeks; and
(ii) release
the DPA for public consultation, in accordance with the regulations, over a
period that is at least concurrent with the period that applies under
subparagraph (i).
(5a) Process B is as follows:
(a) the
Minister will refer the DPA to any government Department or agency, and any
council, that, in the opinion of the Minister, has a direct interest in the
matter (and any other body as the Minister thinks fit) for comment within a
period of 8 weeks (and if a response is not received by the Minister
within this period then the Minister may assume that the particular Department,
agency, council or other body does not desire to provide any comment);
(b) the
Minister will release the DPA for public consultation, in accordance with the
regulations, over a period that is at least concurrent with the period that
applies under paragraph (a).
(5b) Process C is as follows:
(a) the
Minister will refer the DPA to any government Department or agency, and any
council, that, in the opinion of the Minister, has a direct interest in the
matter (and any other body as the Minister thinks fit) for comment within a
period of 4 weeks (and if a response is not received by the Minister
within this period then the Minister may assume that the particular Department,
agency, council or other body does not desire to provide any comment);
(b) the
Minister will release the DPA for public consultation, in accordance with the
regulations, over a period that is at least concurrent with the period that
applies under paragraph (a);
(c) the
Minister will, at the time that the DPA is released for public consultation,
give—
(i) an
owner or occupier of any land that is directly within the ambit of operation of
the proposed amendment; and
(ii) an
owner or occupier of each piece of adjacent land to land that is directly
within the ambit of operation of the proposed amendment,
a written notice in accordance with the regulations.
(5c) In addition to any requirement prescribed by
the regulations, the Minister must, for the purposes of undertaking the public
consultation required above—
(a) allow
interested persons to make representations in writing to the Minister in
relation to the matter over the period that applies for the purposes of public
consultation; and
(b) ensure
that at least 1 meeting is held where members of the public may attend and make
representations in relation to the matter (although if no written
representation under paragraph (a) indicates an interest to be heard, a
meeting need not be held); and
(c) arrange
for a committee of the Advisory Committee (which may, but need not, include
members of the Advisory Committee) to consider any representations made under
paragraph (a) or (b) and to provide advice to the Minister in relation to
those representations.
(5d) The Minister may seek the advice of the
Advisory Committee—
(a) on
any proposed alterations to the amendment; and
(b) on
any other issue that should, in the opinion of the Minister, be referred to the
Advisory Committee.
(2) Section 26(6)—delete "Plan
Amendment Report" and substitute:
DPA
(3) Section 26(6)—delete
"under subsection (4)"
(4) Section 26(6)(b)—delete "that
applies under subsection (4)(b)" and substitute:
provided for public consultation under this section
(5) Section 26(7)—delete subsection (7)
and substitute:
(7) The
Minister must seek the advice of the Advisory Committee on any submissions made
under subsection (6).
(6) Section 26(11)(a)—delete "(iva)"
and substitute:
(iv), (iva) or (v)
(7) Section 26(11)(b)—delete "Plan
Amendment Report" and substitute:
DPA
(8) Section 26(11)(c)—delete "Plan
Amendment Report" and substitute:
DPA
(9) Section 26(11)(c)—after "Planning
Strategy" insert:
, or that the DPA remains valid and effective for the purposes of
the consideration of the amendment under this Act
(10) Section 26(11)(d)—delete "Plan
Amendment Report" wherever occurring and substitute in each case:
DPA
(11) Section 26(11)(d)—delete "under section
25 rather than under this section" and substitute:
by the council
(12) Section 26(11)(e)—delete "Plan
Amendment Report" wherever occurring and substitute in each case:
DPA
(13) Section 26(11)(e)—delete "under section
25" and substitute:
under this Act
13—Amendment of section 27—Parliamentary scrutiny
(1) Section 27—after subsection (1) insert:
(2) An amendment under section 25 must be
accompanied by a report from the Minister that sets out—
(a) the
timelines that were agreed between the Minister and the council for the taking
of each step in the process under this subdivision, and any relevant timeline
prescribed by the regulations; and
(b) the
actual time taken for each such step; and
(c) a
report on the reasons for any delays (prepared after taking into account any
matter furnished as part of the council's report under section 25(13));
and
(d) if
Process C was adopted under section 25—the reasons for doing so; and
(e) any
other comment or material considered relevant by the Minister.
(2) Section 27(4)—delete "If" and
substitute:
Subject to subsection (4a), if
(3) Section 27—after subsection (4) insert:
(4aa) Subject
to subsection (4a), if the period of 28 days referred to in
subsection (4) would, but for this subsection, expire in a particular case
between 15 December in 1 year and 15 January in the next year
(both days inclusive), the period applying for the purposes of subsection (4)
will be extended on the basis that any days falling on or between those 2 dates
will not be taken into account for the purposes of calculating the period that
applies under subsection (4).
(4a) If
the period applying under subsection (4), including by virtue of subsection (4aa),
would, but for this subsection, expire in a particular case sometime between
the day on which the House of
14—Amendment of section 28—Interim development control
(1) Section 28(1)—delete "the
Governor" wherever occurring and substitute, in each case:
the Minister
(2) Section 28(1)—delete "Plan Amendment
Report" and substitute:
DPA
(3) Section 28(4)(a)—delete "the
Governor" and substitute:
the Minister
15—Amendment of section 29—Certain amendments may be made without formal procedures
(1) Section 29(2)—after paragraph (b) insert:
or
(c) in
order to provide consistency between the Development Plan and any provision
made by the regulations (including to provide information in the Development
Plan that relates to the content or effect of any regulation).
(2) Section 29(3)—after paragraph (b)
insert:
or
(c) in
order to remove from the plan—
(i) a
State heritage place or a local heritage place (as listed on the plan); or
(ii) any
other place listed on the plan (if relevant to local heritage),
where the building or other item that gave rise to the relevant
listing has been demolished, destroyed or removed.
(3) Section 29—after subsection (4) insert:
(5) The
Minister may, by notice in the Gazette, amalgamate 2 or more Development Plans,
and then make such consequential amendments as the Minister thinks fit to those
Development Plans, so long as the Minister does not, in acting under this
subsection, alter the effect of an underlying policy reflected in the
Development Plans.
16—Substitution of Part 3 Division 2 Subdivision 3
Part 3 Division 2 Subdivision 3—delete
Subdivision 3 and substitute:
Subdivision
3—Strategic Directions Reports
30—Strategic
Directions Reports
(1) A council must, from time to time, in
accordance with the requirements of this section, prepare a report under this
section (a Strategic Directions Report) that—
(a) addresses
the strategic planning issues within the area of the council, with particular
reference to—
(i) the
Planning Strategy; and
(ii) any
other policy or document prescribed by the regulations; and
(b) addresses
appropriate amendments to any Development Plan that applies within the area of
the council; and
(c) sets
out the council's priorities for—
(i) achieving
orderly and efficient development through the implementation of planning
policies; and
(ii) the
integration of transport and land-use planning within its area; and
(iii) implementing
any relevant targets set out in the Planning Strategy; and
(iv) infrastructure
planning (with respect to both physical and social infrastructure), taking into
account any advice provided by a Minister, or any other relevant government
agency, in accordance with a scheme set out in the regulations, and any of the
council's proposals with respect to infrastructure; and
(v) other
projects or initiatives considered to be relevant by the council; and
(d) contains
such other material as may be—
(i) prescribed
by the regulations; or
(ii) required
by the Minister.
(2) A council must prepare and complete a
report under this section—
(a) within
12 months after an alteration is made to the Planning Strategy, or within such
longer period as the Minister may allow, if—
(i) the
Minister declares, by notice in the Gazette, that the alteration is considered
to be a significant alteration that should trigger a review of Development
Plans, or specified Development Plans, under this section in relation to issues
specified by the Minister; and
(ii) the
Development Plan that applies in relation to its area (or a part of its area)
falls within the ambit of the declaration; and
(b) in
any event, within 5 years after the completion of the last report under
this section.
(3) A council must, in connection with the
preparation of a report under this section—
(a) by
public advertisement, invite interested persons to make written submissions to
the council within 2 months of the date of the advertisement or such
longer period as may be allowed by the advertisement; and
(b) consult
with any prescribed authority or body in the manner specified by the
regulations.
(4) A
council must, in connection with the operation of subsection (3), prepare
and make available the documentation prescribed by the regulations.
(5) A
council must give a person who makes a written response to an invitation under
subsection (3)(a) an opportunity to appear personally or by representative
before the council or a council committee and to be heard on those submissions.
(6) A council must, in preparing a report under
this section—
(a) reach
agreement with the Minister on a Statement of Intent with respect to any
proposed amendments to a Development Plan that applies within the area of the
council; and
(b) if
relevant, prepare a DPA that is suitable for consideration under
section 25(3).
(7) A
council must furnish a report under this section to the Minister.
(8) The
council must then, in accordance with any reasonable request of the Minister,
enter into an agreement with the Minister on the steps that the council will
take as a result of the matters contained in the report (and the report will
not be taken to have been completed unless or until such an agreement is
reached with the Minister).
(9) The Minister may, at the request of a
council, exempt a council—
(a) from
a requirement to prepare a particular report under this section; or
(b) from
a particular requirement with respect to a report under this section,
if the Minister is satisfied—
(c) that
the council has addressed, or has determined to address, any relevant issues
through its strategic management plans under the Local Government
Act 1999 and that, in the circumstances, it is reasonable to rely on
those plans, and the procedures associated with those plans, to achieve the
objects of this section; or
(d) that
the council has taken other steps to ensure that its strategies and planning
instruments, and especially the Development Plan or Plans that apply within the
area of the council, are up-to-date; or
(e) that
there is some other good reason to grant the exemption.
(10) The
Minister may grant an exemption under subsection (9) subject to such
conditions as the Minister thinks fit.
(11) If
an exemption is granted under subsection (9), the Minister must include a
report with respect to the matter in the Minister's annual report on the
administration of this Act (including a statement as to the grounds for the
granting of the exemption).
(12) A
council must make copies of a report prepared under this section available for
inspection (without charge) by the public at the principal office of the
council.
(13) If
a report proposes amendments to a Development Plan that applies within the area
of the council, the council must ensure that it releases a DPA for public
consultation under section 25 within the period prescribed by the
regulations.
(14) A
Minister identified by the regulations for the purposes of this provision must,
at the request of a council made in accordance with the regulations, furnish to
the council within the prescribed period a statement of the nature and extent
of any infrastructure that, according to the Minister's assessment, should be
taken into account in connection with the preparation of a report under this
section.
(15) Two
or more councils may act under this section jointly (and, in such a case, this
section will apply with any necessary modifications and 1 or more of the
councils may act on behalf of, and with the agreement of, the other council or
councils in undertaking any process or procedure under this section).
(16) A
failure of a council to comply with this section cannot be taken to affect the
validity of a Development Plan that applies in relation to the area (or a part
of the area) of the council.
After section 31 insert:
31A—Investigations
(1) If the Minister has reason to believe that
a council has failed to efficiently or effectively discharge—
(a) its
responsibilities under Subdivision 2 with respect to the amendment (or
possible amendment) of a Development Plan in a significant respect or to a
significant degree; or
(b) its
responsibilities under Subdivision 3 with respect to the preparation,
completion or implementation of a Strategic Directions Report in a significant
respect or to a significant degree,
then the Minister may appoint an investigator or investigators to
carry out an investigation and to report on the matter.
(2) The
Minister must, before making an appointment under subsection (1), give the
council an opportunity to explain its actions, and to make submissions
(including, if relevant, an indication of undertakings that the council is
willing to give in order to take remedial action), to the Minister within a
period (being at least 28 days) specified by the Minister.
(3) If
the Minister decides to proceed under subsection (1), the Minister must
consult with the President of the LGA with respect to the person or persons to
be appointed to carry out the investigation.
(4) An investigator may, for the purposes of an
investigation—
(a) require
a member or employee of the council to answer, orally or in writing, questions put
by the investigator to the best of his or her knowledge, information and
belief;
(b) require
a person to whom questions are put under paragraph (a) to verify the
answers to those questions by declaration;
(c) require
a person to produce for examination by the investigator books, papers or other
records relevant to the subject matter of the investigation;
(d) retain
books, papers or other records produced under paragraph (c) for such
reasonable period as the investigator thinks fit and make copies of any of them
or of any of their contents.
(5) Subject to subsection (8), a person
who refuses or fails to comply with a requirement under subsection (4) is
guilty of an offence.
Maximum penalty: $20 000.
(6) Subject
to subsection (8), a person is not excused from answering a question or
from producing books, papers or other records under this section on the ground
that to do so might tend to incriminate the person or make the person liable to
a penalty.
(7) However, if compliance by a natural person
with a requirement to answer a question or to produce a book, paper or other
record might tend to incriminate the person or make the person liable to a
penalty—
(a) in
the case of a person who is required to produce a book, paper or record, the
book, paper or record (as distinct from the contents of the book, paper or
record); or
(b) in
any other case, the answer given in compliance with the requirement,
is not admissible in evidence against the person in proceedings
for an offence or for the imposition of a penalty (other than proceedings in
respect of the making of a false or misleading statement).
(8) A
person is not obliged to provide information under this section that is
privileged on the ground of legal professional privilege.
(9) At
the conclusion of an investigation, the investigator or investigators must
present a written report to the Minister on the results of the investigation.
(10) The
report may, if the investigator or investigators think fit, include
recommendations to the Minister on what action (if any) should be taken in the
circumstances.
(11) The
Minister must supply the council with a copy of a report presented under
subsection (9).
(12) The Minister may, on the basis of a report
presented under subsection (9)—
(a) make
recommendations to the council; or
(b) if
the Minister considers that the council has failed to efficiently or
effectively discharge—
(i) its
responsibilities under Subdivision 2 with respect to the amendment (or
possible amendment) of a Development Plan in a significant respect or to a
significant degree; or
(ii) its
responsibilities under Subdivision 3 with respect to the preparation,
completion or implementation of a Strategic Directions Report in a significant
respect or to a significant degree,
give directions to the council to take specified action with a
view to rectifying the matter or to preventing a recurrence of any failure.
(13) The
Minister must, before taking action under subsection (12), give the
council an opportunity to make submissions to the Minister on the report on
which the action is based within a period (being at least 28 days)
specified by the Minister.
(14) If—
(a) the
Minister makes a recommendation to the council under subsection (12)(a);
and
(b) the
Minister subsequently considers that the council has not, within a reasonable
period, taken appropriate action in view of the recommendation,
the Minister may, after consultation with the council, give
directions to it.
(15) The
council must comply with a direction under subsection (12) or (14).
(16) No
action in defamation lies in respect of the contents of a report under this
section.
(17) Nothing in this section limits or affects—
(a) the
ability of the Minister to take action under another section of this Act; or
(b) the
operation of Chapter 13 Part 3 of the Local Government
Act 1999.
18—Amendment of section 45A—Investigation of development assessment performance
(1) Section 45A(2)—delete subsection (2) and
substitute:
(2) The
Minister must, before making an appointment under subsection (1), give the
relevant authority an opportunity to explain its actions, and to make
submissions (including, if relevant, an indication of undertakings that the
relevant authority is willing to give in order to take remedial action), to the
Minister within a period (being at least 28 days) specified by the
Minister.
(2a) If
the Minister decides to proceed under subsection (1) in relation to a
council, the Minister must consult with the President of the LGA with respect
to the person or persons to be appointed to carry out the investigation.
(2) Section 45A(4), penalty provision—delete
"$10 000" and substitute:
$20 000
(3) Section 45A(12)—delete subsection (12) and
substitute:
(12) The
Minister must, before taking action under subsection (11), give the
relevant authority an opportunity to make submissions to the Minister on the
report on which the action is based within a period (being at least
28 days) specified by the Minister.
19—Amendment of section 46—Declaration by Minister
(1) Section 46—after subsection (1) insert:
(1a) A
development or project may be considered to be of major environmental, social
or economic importance due to the fact that the cumulative effect of the
development or project, when considered in conjunction with any other
development, project or activity already being undertaken or carried on, or
proposed to be undertaken or carried on, at or within the vicinity of the
relevant site, gives rise to issues of major environmental, social or economic
importance.
(1b) If
the Minister considers that a development or project is not in itself of major
environmental, social or economic importance but is directly related to a
development or project of such importance that is within the ambit of a
declaration under subsection (1), the Minister may, by notice in the
Gazette, declare that this section applies, or applies to the extent specified
in the notice, to the related development or project as well (and in such a
case the related development or project will be taken to be a major development
or project for the purposes of this section).
(2) Section 46(4)—delete "subsection
(1)" and substitute:
this section
(3) Section 46(5)—delete "subsection
(1)" and substitute:
this section
(4) Section 46(5)(e)—delete "Major
Developments Panel" and substitute:
Development Assessment Commission
(5) Section 46(7)—delete "Major
Developments Panel" wherever occurring and substitute in each case:
Development Assessment Commission
(6) Section
46(8)—delete subsection (8)
(7) Section 46(9)—delete "Major
Developments Panel" and substitute:
Development Assessment Commission
(8) Section 46(10)—delete "Major
Developments Panel" and substitute:
Development Assessment Commission
(9) Section 46(11)—delete "Major
Developments Panel" wherever occurring and substitute in each case:
Development Assessment Commission
(10) Section 46(12)—delete "Major
Developments Panel" and substitute:
Development Assessment Commission
(11) Section 46(13)(b)(i)—delete "Major
Developments Panel's" and substitute:
Development Assessment Commission's
(12) Section 46(13)(b)(ii)—delete "Major
Developments Panel" and substitute:
Development Assessment Commission
(13) Section 46(14)—delete "Major
Developments Panel" and substitute:
Development Assessment Commission
(14) Section 46(15)—delete "Major
Developments Panel" and substitute:
Development Assessment Commission
Section 46A—delete the section
21—Amendment of section 46B—EIS process—Specific provisions
Section 46B(3)—delete "Major
Developments Panel" and substitute:
Development Assessment Commission
22—Amendment of section 46C—PER process—Specific provisions
Section 46C(3)—delete "Major
Developments Panel" and substitute:
Development Assessment Commission
23—Amendment of section 46D—DR process—Specific provisions
Section 46D(3)—delete "Major
Developments Panel" and substitute:
Development Assessment Commission
24—Amendment of section 48—Governor to give decision on development
(1) Section 48(7)(b)—after subparagraph (ii)
insert:
or
(iii) in
relation to a matter that is relevant to the variation of a development
authorisation under this section,
(2) Section 48—after subsection (7) insert:
(7a) The
Governor may, on the application of a person who has the benefit of the
development authorisation under this section, by notice in the Gazette, vary a
development authorisation that has been given under this section.
(3) Section 48(8)—after "under this
section to" insert:
the Minister or
25—Amendment of section 48E—Protection from proceedings
Section 48E(a)—delete "Major
Developments Panel" and substitute:
Development Assessment Commission
26—Amendment of section 49—Crown development and public infrastructure
(1) Section 49(3)—delete "subsection
(2)" and substitute:
subsection (4a)
(2) Section 49(16a)(c)—delete "Major
Developments Panel" and substitute:
Development Assessment Commission
(3) Section 49(22)—delete
subsection (22) and substitute:
(22) For the purpose of this section, the Institutional
District of the City of Adelaide is constituted by those parts of the area
of The Corporation of the City of Adelaide that are identified and defined as—
(a) the
Institutional (Riverbank) Zone; and
(b) the
Institutional (Government House) Zone; and
(c) the
Institutional (University/Hospital) Zone,
by the Development Plan that relates to the area of that Council,
as that Development Plan existed on 1 February 2006.
27—Amendment of section 49A—Electricity infrastructure development
(1) Section 49A(3)—delete "subsection
(1)" and substitute:
subsection (4a)
(2) Section 49A(5)—delete
"subsection (1)" and substitute:
subsection (4a)
(3) Section 49A(20)(c)—delete "Major
Developments Panel" and substitute:
Development Assessment Commission
28—Amendment of section 52A—Avoidance of duplication of procedures etc
(1) Section
52A(2)—delete "the Major Developments Panel,"
(2) Section
52A(3)—delete subsection (3)
(3) Section
52A(9), definition of the authority—delete "the Major
Developments Panel,"
(1) Section 75(4)(a)—delete "Major
Developments Panel" and substitute:
Development Assessment Commission
(2) Section 75(4a)(a)—delete "Major
Developments Panel" and substitute:
Development Assessment Commission
After section 101 insert:
101A—Councils
to establish strategic planning and development policy committees
(1) A
council must establish a strategic planning and development policy committee.
(2) The functions of the committee are:
(a) to
provide advice to the council in relation to the extent to which the council's
strategic planning and development policies accord with the Planning Strategy;
and
(b) to
assist the council in undertaking strategic planning and monitoring directed at
achieving—
(i) orderly
and efficient development within the area of the council; and
(ii) high
levels of integration of transport and land-use planning; and
(iii) relevant
targets set out in the Planning Strategy within the area of the council; and
(iv) other
outcomes of a prescribed kind (if any); and
(c) to
provide advice to the council (or to act as its delegate) in relation to
strategic planning and development policy issues when the council is preparing—
(i) a
Strategic Directions Report; or
(ii) a
Development Plan Amendment proposal; and
(d) other
functions (other than functions relating to development assessment or
compliance) assigned to the committee by the council.
(3) The
Local Government Act 1999 will apply in relation to a committee
established under this section as if it were a committee established under that
Act.
(4) The
Minister may exempt a council from the requirement to establish a committee
under this section if satisfied that the functions of a committee established
by the council under the Local Government Act 1999 include the
functions set out in subsection (2).
(5) The
Minister may, after giving the council a reasonable opportunity to make
submissions in relation to the matter, revoke an exemption under
subsection (4).
Schedule 1—Related amendments and transitional provisions
Part 1—Amendment
of Local Government Act 1999
1—Amendment of section 90—Meetings to be held in public except in special circumstances
Section 90(3)(m)—delete "Plan
Amendment Report" and substitute:
Development Plan Amendment proposal
2—Amendment of section 122—Strategic management plans
Section 122(2)—delete subsection (2) and
substitute:
(2) Strategic management plans—
(a) should—
(i) address
the strategic planning issues within the area of the council, with particular
reference to (and in a manner consistent with) the Planning Strategy; and
(ii) set
out the council's priorities for the implementation of planning policies,
(although these matters may be satisfied by referring to the
council's most recent Strategic Directions Report under section 30
of the Development Act 1993); and
(b) should
(as far as practicable) be consistent with the Development Plan or Plans for
the council's area, other than where the council proposes to amend the Plan or
Plans in accordance with the procedures set out in the Development
Act 1993 and the council obtains an agreement with the Minister to
whom the administration of the Development Act 1993 is committed
relating to the implementation of a program to undertake any relevant amendment
or amendments; and
(c) should
(as far as practicable) be consistent with any relevant statutory policy or
plan (not referred to above).
Part 2—Amendment
of Parliamentary Committees Act 1991
3—Amendment of section 15L—Functions of Committee
Section 15L(1)(b)(iv)(A)—delete "Plan
Amendment Report" and substitute:
Development Plan Amendment
Part 3—Transitional
provisions
In this Part—
principal Act means the Development Act 1993.
(1) If
a council has, before the commencement of this clause, reached an agreement
with the Minister on a Statement of Intent with respect to an amendment to a
Development Plan, or taken steps to prepare a Plan Amendment Report on the
basis of such a Statement of Intent, then, subject to subclause (2), the
council may continue with the process as set out in section 25 of the
principal Act (as in force immediately before the commencement of this clause)
as if this Act had not been enacted until the relevant amendment is approved
(with or without alteration) or otherwise dealt with by the Minister under
section 25(15) of the principal Act, subject to the qualification that the
relevant Plan Amendment Report may be referred to as a Development Plan
Amendment.
(2) A
council and the Minister may agree on a Statement of Intent that is to
supersede a Statement of Intent agreed between the council and Minister before
the commencement of this clause (and in such a case the process will continue
under section 25 of the principal Act as amended by this Act).
(3) A Plan Amendment Report which, before the
commencement of this clause—
(a) was
prepared on the basis of a Statement of Intent that does not specify any
relevant periods for the purposes of section 25(19) of the principal Act;
and
(b) was
released for public consultation at least 5 years before that
commencement; but
(c) has
not been approved by the Minister under section 25 of the principal Act
within 6 months after that commencement,
will, at the expiration of 6 months after that commencement, lapse
by force of this subclause unless the Minister, by notice in the Gazette,
exempts the Plan Amendment Report from the operation of this subclause.
(4) A
notice under subclause (3) may relate to a particular Plan Amendment
Report or to all Plan Amendment Reports within a particular class.
(5) A
period prescribed by regulations made for the purposes of subsection (20)
of section 25 of the principal Act (as amended by this Act) may extend to
(and operate in relation to) a Plan Amendment Report prepared before the
commencement of this clause.
(6) A
Plan Amendment Report which, before the commencement of this clause, has been
initiated by the Minister under section 26(1) of the principal Act (as in
force immediately before that commencement) may continue to be subject to the
provisions of the principal Act as if this Act had not been enacted until the
relevant amendment is approved (with or without alteration) or otherwise dealt
with by the Minister under section 26(8) of the principal Act, subject to
the qualification that the relevant Plan Amendment Report may be referred to as
a Development Plan Amendment.
(7) The
Development Plan Amendment entitled "City of Onkaparinga—Coromandel Valley
Desired Character (Stage 2) Plan Amendment" approved by the Minister under
section 25(15) of the principal Act by notice in the Gazette on 23
February 2006 is again referred by force of this subclause to the Environment,
Resources and Development Committee of the Parliament under section 27(1)
of the principal Act (and section 27 of the principal Act will then apply
again in relation to the amendment as if the amendment had been referred by the
Minister on the commencement of this subclause under subsection (1) of
that section).
6—Strategic Directions Reports
(1) For
the purposes of section 30(2)(b) of the principal Act (as enacted by this
Act), a report received by the Minister under section 30 of the principal
Act before the commencement of this clause will be taken to be a completed
report.
(2) Subject
to any determination or direction of the Minister under this subclause, any
process or procedure commenced under section 30 of the principal Act
before the commencement of this clause may be continued and applied for the
purposes of section 30 of the principal Act as enacted after the
commencement of this clause.
If, in relation to a declaration under
section 46 of the principal Act made before the commencement of this
clause—
(a) the
Major Developments Panel has not, before that commencement, proceeded to the
stage of publishing a notice under section 46(8)(b) of the principal Act (as in
force immediately before that commencement), the Development Assessment
Commission will assume the role of the Major Developments Panel and proceed to
deal with the matter under the principal Act as amended by this Act (and for
this purpose the Development Assessment Commission may adopt any decision or
document made or prepared by the Major Developments Panel in relation to the
matter);
(b) the
Major Developments Panel has, before that commencement, proceeded to the stage
of publishing a notice under section 46(8)(b) of the principal Act (as in force
immediately before that commencement), the Major Developments Panel will
continue in existence and continue to deal with the matter under the principal
Act as if this Act had not been enacted.
(1) The
Governor may, by regulation, make additional provisions of a saving or
transitional nature consequent on the enactment of this Act.
(2) A
provision of a regulation made under subclause (1) may, if the regulation
so provides, take effect from the commencement of this Act or from a later day.
(3) To the extent to which a provision takes
effect under subclause (2) from a day earlier than the day of the
regulation's publication in the Gazette, the provision does not operate to the
disadvantage of a person by—
(a) decreasing
the person's rights; or
(b) imposing
liabilities on the person.
(4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment effected by this Act.