Planning, Development and Infrastructure (Accredited Professionals) (Mutual Liability Scheme) Variation Regulations 2020 (SA)

South Australia

Planning, Development and Infrastructure (Accredited Professionals) (Mutual Liability Scheme) Variation Regulations 2020

under the Planning, Development and Infrastructure Act 2016

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019

4            Variation of regulation 17—Conditions

Part 1—Preliminary

1—Short title

These regulations may be cited as the Planning, Development and Infrastructure (Accredited Professionals) (Mutual Liability Scheme) Variation Regulations 2020.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019

4—Variation of regulation 17—Conditions

Regulation 17—after subregulation (2) insert:

(2a)For the purposes of subregulation (2), an accredited professional will be taken to be covered by an indemnity scheme or other arrangement to the extent—

(a)that liability that may arise in respect of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the Act as a member of an assessment panel, or as an assessment manager, is indemnified by a council or joint planning board (as the case may be); and

(b)that the council or joint planning board (as the case may be) is a member of an indemnity scheme or arrangement that is approved by the accreditation authority.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 2 July 2020

No 231 of 2020