Development (Development Plans) Amendment Act 2006 (SA)

South Australia

Development (Development Plans) Amendment Act 2006

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.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Development (Development Plans) Amendment Act 2006.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

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. (1)

   Section 4(1)—after the definition of local heritage place insert:

   locality includes a road, street or thoroughfare;

2. (2)

   Section 4(1), definition of Major Developments Panel—delete the definition

5—Insertion of section 10A

After section 10 insert:

10A—Special provision relating to constitution of Development Assessment Commission

1. (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. (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. (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. (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. (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. (6)

   If it appears that a development or project may have a significant impact on any aspect of—

   1. (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;

   2. (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. (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. (1)

   Section 11(1)(b) and (c)—delete paragraphs (b) and (c)