Planning, Development and Infrastructure Act 2016 (SA)

South Australia

Planning, Development and Infrastructure Act 2016

An Act to provide for matters that are relevant to the use, development and management of land and buildings, including by providing a planning system to regulate development within the State, rules with respect to the design, construction and use of buildings, and other initiatives to facilitate the development of infrastructure, facilities and environments that will benefit the community; to repeal the Development Act 1993; to make related amendments to the Character Preservation (Barossa Valley) Act 2012, the Character Preservation (McLaren Vale) Act 2012, the Environment, Resources and Development Court Act 1993, the Liquor Licensing Act 1997, the Local Government Act 1999, the Public Sector Act 2009 and the Urban Renewal Act 1995; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Planning, Development and Infrastructure Act 2016.

2Commencement

1. (1)

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

2. (2)

   Section 7(5) of the Acts Interpretation Act 1915 does not apply to this Act.

3Interpretation

1. (1)

   In this Act, unless the contrary intention appears—

accredited professional means a person who holds an accreditation under section 88;

adjacent land in relation to other land, means land that is no more than 60 metres from the other land;

adjoining owner means the owner of land that abuts (either horizontally or vertically) on the land of a building owner;

advertisement means an advertisement or sign that is visible from a street, road or public place or by passengers carried on any form of public transport;

advertiser in relation to an advertisement, means the person whose goods or services are advertised in the advertisement;

advertising hoarding means a structure for the display of an advertisement or advertisements;

affected part of a building in relation to which building work is to be carried out means any of the following:

1. (a)

   the principal pedestrian entrance of the building;

2. (b)

   any part of the building that is necessary to provide a continuous accessible path of travel from the entrance to the location of the building work;

allotment has the same meaning as in Part 19AB of the Real Property Act 1886 and in addition includes a community lot, development lot and common property within the meaning of the Community Titles Act 1996 and a unit and common property within the meaning of the Strata Titles Act 1988;

amendment includes an addition, excision or substitution;

amenity of a locality or building means any quality, condition or factor that makes, or contributes to making, the locality or building harmonious, pleasant or enjoyable;

authorised officer means a person appointed to exercise the powers of an authorised officer under this Act;

building means a building or structure or a portion of a building or structure (including any fixtures or fittings which are subject to the provisions of the Building Code), whether temporary or permanent, moveable or immovable, and includes a boat or pontoon permanently moored or fixed to land, or a caravan permanently fixed to land;

building certifier—see section 92;

Building Code means an edition of the Building Code of Australia published by the Australian Building Codes Board in the National Construction Code series;

building consent means a consent granted under section 102(1)(b);

building owner means the owner of land on or in relation to which building work is or is to be performed;

Building Rules means—

1. (a)

   the Building Code, as it applies under this Act; and

2. (b)

   any regulations under this Act that regulate the performance, standard or form of building work; and

3. (c)

   without limiting paragraph (b), any regulations that relate to designated safety features; and

4. (d)

   the Ministerial building standards published by the Minister under this Act;

building work means work or activity in the nature of—

1. (a)

   the construction, demolition or removal of a building (including any incidental excavation or filling of land); or

2. (b)

   any other prescribed work or activity,

but does not include any work or activity that is excluded by regulation from the ambit of this definition;

business day means any day except—

1. (a)

   Saturday, Sunday or a public holiday; or

2. (b)

   any other day which falls between 25 December in any year and 1 January in the following year;

character preservation area means the area which constitutes a district within the meaning of a character preservation law;

character preservation law means an Act that specifies that it is a character preservation law for the purposes of this Act;

Chief Executive means the Chief Executive of the Department and includes a person for the time being acting in that position;

Commission means the State Planning Commission established under Part 3 Division 1;

Commissioner for Consumer Affairs means the person holding the office of Commissioner for Consumer Affairs and includes a person for the time being acting in that office;

Community Engagement Charter—see section 44;

construct in relation to a building, includes—

1. (a)

   to build, rebuild, erect or re‑erect the building;

2. (b)

   to repair the building;

3. (c)

   to make alterations to the building;

4. (d)

   to enlarge or extend the building;

5. (e)

   to underpin the building;

6. (f)

   to place or relocate the building on land;

council means a council constituted under the Local Government Act 1999;

Court means the Environment, Resources and Development Court;

Crown means the Crown in right of the State or in any of its other capacities;

Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;

designated safety features means—

1. (a)

   in relation to a swimming pool—swimming pool safety features; and

2. (b)

   in relation to a building—safety features relating to the use or occupation of a building;

design standard—see Part 5 Division 2 Subdivision 4;

development means—

1. (a)

   a change in the use of land; or

2. (b)

   building work; or

3. (c)

   the division of an allotment; or

4. (d)

   the construction or alteration (except by the Crown, a council or other public authority (but so as not to derogate from the operation of paragraph (e))) of a road, street or thoroughfare on land (including excavation or other preliminary or associated work); or

5. (e)

   in relation to a State heritage place—the demolition, removal, conversion, alteration or painting of, or addition to, the place, or any other work that could materially affect the heritage value of the place; or

6. (f)

   in relation to a local heritage place—any work (including painting) that could materially affect the heritage value of the place (including, in the case of a tree, any tree‑damaging activity) specified by the Planning and Design Code for the purposes of this paragraph (whether in relation to local heritage places generally or in relation to the particular local heritage place); or

7. (g)

   the external painting of a building within an area specified by the Planning and Design Code for the purposes of this paragraph; or

8. (h)

   in relation to a regulated tree—any tree‑damaging activity; or

9. (i)

   the creation of fortifications; or

10. (j)

    prescribed mining operations on land; or

11. (k)

    prescribed earthworks (to the extent that any such work or activity is not within the ambit of a preceding paragraph); or

12. (l)

    an act or activity in relation to land declared by or under the regulations to constitute development,

(including development on or under water) but does not include an act or activity that is declared by or under the regulations not to constitute development for the purposes of this Act;

development authorisation means any assessment, decision, permission, consent, approval, authorisation or certificate required—

1. (a)

   by or under this Act; or

2. (b)

   by or under any other Act prescribed by the regulations for the purposes of this definition;

division of an allotment means—

1. (a)

   the division, subdivision or resubdivision of the allotment (including by community plan under the Community Titles Act 1996 and by strata plan under the Strata Titles Act 1988); or

2. (b)

   the alteration of the boundaries of an allotment; or

3. (c)

   the conferral or exercise of a present right to occupy part only of an allotment under a lease or licence, or an agreement for a lease or licence, the term of which exceeds 6 years or such longer term as may be prescribed, or in respect of which a right or option of renewal or extension exists so that the lease, licence or agreement may operate by virtue of renewal or extension for a total period exceeding 6 years or such longer period as may be prescribed, but does not include a lease, licence or agreement of a class excluded from the ambit of this paragraph by the regulations; or

4. (d)

   the grant or acceptance of a lease or licence, or the making of an agreement for a lease or licence, of a class prescribed by the regulations,

and to divide has a corresponding meaning;

document means a paper or record of any kind, including a disk, tape or other article from which information is capable of being reproduced (with or without the aid of another article or device);

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

EIS—see subsection (4);

Environment Protection Authority means the Environment Protection Authority established under the Environment Protection Act 1993;

ERD Committee means the Environment, Resources and Development Committee of the Parliament;

ESCOSA means the Essential Services Commission established under the Essential Services Commission Act 2002;

essential infrastructure means—

1. (a)

   infrastructure, equipment, structures, works and other facilities used in or in connection with—

   1. (i)

      the generation of electricity or other forms of energy; or

   2. (ii)

      the distribution or supply of electricity, gas or other forms of energy; and

2. (b)

   water infrastructure or sewerage infrastructure within the meaning of the Water Industry Act 2012; and

3. (c)

   transport networks or facilities (including roads, railways, busways, tramways, ports, wharfs, jetties, airports and freight‑handling facilities); and

4. (d)

   causeways, bridges or culverts; and

5. (e)

   embankments, walls, channels, drains, drainage holes or other forms of works or earthworks; and

6. (f)

   testing or monitoring equipment; and

7. (g)

   coast protection works or facilities associated with sand replenishment; and

8. (h)

   communications networks; and

9. (i)

   health, education or community facilities; and

10. (j)

    police, justice or emergency services facilities; and

11. (k)

    other infrastructure, equipment, buildings, structures, works or facilities brought within the ambit of this definition by the regulations;

fire authority means the South Australian Metropolitan Fire Service or the South Australian Country Fire Service;

fortification has the same meaning as in Part 16 of the Summary Offences Act 1953;

Greater Adelaide means Greater Adelaide constituted under section 5;

joint planning board means a joint planning board constituted under a planning agreement;

land means, according to context—

1. (a)

   land as a physical entity, including land covered with water and including any building on, or fixture to, the land; or

2. (b)

   any legal estate or interest in, or right in respect of, land;

LGA means the Local Government Association of South Australia;

liability includes a contingent liability;

local government rate means a rate imposed under the Local Government Act 1999;

local heritage place means a place that is designated as a place of local heritage by the Planning and Design Code;

locality includes a road, street or thoroughfare;

Mining Act means—

1. (a)

   the Mining Act 1971; or

2. (b)

   the Offshore Minerals Act 2000; or

3. (c)

   the Opal Mining Act 1995; or

4. (d)

   the Petroleum and Geothermal Energy Act 2000; or

5. (e)

   the Petroleum (Submerged Lands) Act 1982;

mining production tenement means a lease or licence granted under a Mining Act that is brought within the ambit of this definition by the regulations;

owner of land means—

1. (a)

   if the land is unalienated from the Crown—the Crown; or

2. (b)

   if the land is alienated from the Crown by grant in fee simple—the owner of the estate in fee simple; or

3. (c)

   if the land is held from the Crown by lease or licence—the lessee or licensee; or

4. (d)

   if the land is held from the Crown under an agreement to purchase—the person who has the right to purchase;

party wall means a wall built to separate 2 or more buildings or a wall forming part of a building and built on the dividing line between adjoining premises for their common use and includes a common wall for the purposes of the Building Code;

Planning and Design Code—see Part 5 Division 2 Subdivision 3;

Planning and Development Fund means the Planning and Development Fund continued in existence under this Act;

planning agreement means an agreement under Part 3 Division 3;

planning consent means a consent granted under section 102(1)(a);

planning region means a planning region constituted under section 5;

Planning Rules means—

1. (a)

   the Planning and Design Code; and

2. (b)

   the design standards that apply under Part 5 Division 2 Subdivision 4; and

3. (c)

   any other instrument prescribed by the regulations for the purposes of this definition;

practice direction means a practice direction issued by the Commission under, or in accordance with, section 42;

practice guideline means a practice guideline issued by the Commission under, or in accordance with, section 43;

precinct authority means a precinct authority under Part 2B of the Urban Renewal Act 1995;

prescribed mining operations means operations carried on in the course of—

1. (a)

   the recovery of naturally occurring substances (except water) from the earth (whether in solid, liquid or gaseous form);

2. (b)

   the recovery of minerals by the evaporation of water,

but does not include operations carried on in pursuance of any of the Mining Acts;

public notice means notice that complies with regulations made for the purposes of this definition;

public place includes a street, road, square, reserve, lane, footway, court, alley and thoroughfare which the public are allowed to use (whether formed on private property or not), any public watercourse, and any foreshore;

public realm means—

1. (a)

   parks and other public places; and

2. (b)

   streetscapes;

railway includes—

1. (a)

   a tramway; and

2. (b)

   track structures;

regional plan—see Part 5 Division 2 Subdivision 2;

Registrar‑General includes the Registrar‑General of Deeds;

regulated tree means—

1. (a)

   a tree, or a tree within a class of trees, declared to be regulated by the regulations (whether or not the tree also constitutes a significant tree under the regulations); or

2. (b)

   a tree declared to be a significant tree, or a tree within a stand of trees declared to be significant trees, under the Planning and Design Code (whether or not the tree is also declared to be a regulated tree, or also falls within a class of trees declared to be regulated trees, by the regulations);

relevant authority—see section 82;

repealed Act means the Development Act 1993;

right includes a right of action;

SA planning database—see Part 4 Division 2;

SA planning portal—see Part 4 Division 2;

significant tree means—

1. (a)

   a tree declared to be a significant tree, or a tree within a stand of trees declared to be significant trees, under the Planning and Design Code (whether or not the tree is also declared to be a regulated tree, or also falls within a class of trees declared to be regulated trees, by the regulations); or

2. (b)

   a tree declared to be a regulated tree by the regulations, or a tree within a class of trees declared to be regulated trees by the regulations that, by virtue of the application of prescribed criteria, is to be taken to be a significant tree for the purposes of this Act;

South Australian Heritage Council means the South Australian Heritage Council constituted under the Heritage Places Act 1993;

special legislative scheme—see section 11;

spouse—a person is a spouse of another if they are legally married;

the State includes any part of the sea—

1. (a)

   that is within the limits of the State; or

2. (b)

   that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth;

State heritage place means—

1. (a)

   a place entered, either on a provisional or permanent basis, in the State Heritage Register; or

2. (b)

   a place within an area established as a State Heritage Area under the Heritage Places Act 1993;

statutory instrument means—

1. (a)

   a state planning policy; or

2. (b)

   a regional plan; or

3. (c)

   the Planning and Design Code; or

4. (d)

   a design standard; or

5. (e)

   a practice direction, guideline, standard or specification published by the Commission under this Act; or

6. (f)

   any other instrument prescribed by the regulations for the purposes of this definition;

structure includes a fence or wall;

swimming pool means an excavation or structure that is capable of being filled with water and is used primarily for swimming, wading, paddling or the like and includes a bathing or wading pool or spa pool (but not a spa bath);

swimming pool safety features means a fence, barrier or other structure or equipment prescribed by the regulations for the purposes of this definition;

tree‑damaging activity means—

1. (a)

   the killing or destruction of a tree; or

2. (b)

   the removal of a tree; or

3. (c)

   the severing of branches, limbs, stems or trunk of a tree; or

4. (d)

   the ringbarking, topping or lopping of a tree; or

5. (e)

   any other substantial damage to a tree,

and includes any other act or activity that causes any of the foregoing to occur but does not include maintenance pruning that is not likely to affect adversely the general health and appearance of a tree or that is excluded by regulation from the ambit of this definition;

to undertake development means to commence or proceed with development or to cause, suffer or permit development to be commenced or to proceed.

1. (2)

   For the purposes of this Act, any plant that is commonly known as a palm will be taken to be a tree.

2. (3)

   For the purposes of this Act, a stand of trees is a group of trees that form a relatively coherent group by virtue of being the same or a similar species, size, age and structure.

3. (4)

   A reference in this Act to an EIS is a reference to an environmental impact statement, being a document that includes a detailed description and analysis of a wide range of issues relevant to a development or project and incorporates significant information to assist in an assessment of environmental, social or economic effects associated with the development or project and the means by which those effects can be managed.

4. (5)

   If at the foot of a section or subsection the words "Additional penalty" appear, those words signify that a person who undertakes development in contravention of, and thus commits an offence against, that section or subsection is liable, in addition to any other penalty prescribed for the offence, to a penalty of an amount not exceeding the cost of the development insofar as it has been undertaken in contravention of that section or subsection.

5. (6)

   If at the foot of a section or subsection the words "Default penalty" appear, those words signify that, where a person is convicted of an offence against the section or subsection and the offence continues after the date of the conviction, the person is guilty of a further offence against the section or subsection and liable, in addition to any other penalty prescribed for the offence, to a penalty not exceeding the amount of the default penalty for every day the offence continues after the date of the conviction.

6. (7)

   For the purposes of this Act, a person is an associate of another person if—

   1. (a)

      the other person is a relative of the person or of the person's spouse or domestic partner; or

   2. (b)

      the other person—

      1. (i)

         is a body corporate; and

      2. (ii)

         the person or a relative of the person or of the person's spouse or domestic partner has, or 2 or more such persons together have, a relevant interest or relevant interests in shares of the body corporate the nominal value of which is not less than 10% of the nominal value of the issued share capital of the body corporate; or

1. 1. (c)

      the other person is a trustee of a trust of which the person, a relative of the person or of the person's spouse or domestic partner or a body corporate referred to in paragraph (b) is a beneficiary; or

   2. (d)

      the person is an associate of the other person within the meaning of the regulations.

4Change of use of land

1. (1)

   For the purpose of determining whether a change in the use of land has occurred, the commencement or revival of a particular use of the land will, subject to this section, be regarded as a change in the use of the land if—

   1. (a)

      the use supersedes a previous use of the land; or

   2. (b)

      the commencement of the use or the revival of the use follows on from a period of non‑use; or

   3. (c)

      the use is additional to a previously established use of the land which continues despite the commencement of the new use; or

   4. (d)

      there is an increase in the intensity of the use of the land which is prescribed by the Planning and Design Code as constituting a material increase in use for the purposes of this paragraph.

2. (2)

   The revival of a use of land after a period of discontinuance will be regarded as the continuation of an existing use unless (subject to subsection (3))—

   1. (a)

      the period intervening between the discontinuance and revival of the use exceeds 12 months; or

   2. (b)

      during the whole or a part of the period intervening between its discontinuance and revival, the use was superseded by some other use.

3. (3)

   The revival of a use of land after a period of discontinuance will also be regarded as the continuance of an existing use—

   1. (a)

      if the revival of the use is allowed under a principle specified by the Planning and Design Code for the purposes of this subsection; or

   2. (b)

      in circumstances prescribed by the regulations.

4. (4)

   The resumption of an activity carried out on land (or, if there is more than 1 activity that has been carried out, the most significant activity) after a period of cessation of the activity will also be regarded as a change in the use of land if—

   1. (a)

      the activity, on its resumption, would be inconsistent with a zoning policy that applies in relation to the area where the land is located; and

   2. (b)

      the period intervening between the cessation and the resumption exceeds—

      1. (i)

         12 months; or

      2. (ii)

         such longer period (not exceeding 5 years) allowed by the Planning and Design Code in the relevant case.

5. (5)

   Subsection (4) does not apply in circumstances prescribed by the regulations.

6. (6)

   A change of use within a use class specified in the Planning and Design Code will not be regarded as a change in the use of land under this Act.

7. (7)

   A change of use specified in the Planning and Design Code as a minor change of use will not be regarded as a change in the use of land under this Act.

8. (8)

   Without limiting a preceding subsection, a particular use of land will be disregarded if the extent of the use is trifling or insignificant.

5Planning regions and Greater Adelaide

1. (1)

   The Governor may, by proclamation made on the recommendation of the Minister—

   1. (a)

      divide the State into planning regions for the purposes of this Act; and

   2. (b)

      define 1 of the planning regions as constituting Greater Adelaide for the purposes of this Act.

2. (2)

   The first proclamation that constitutes Greater Adelaide for the purposes of this Act must be consistent with Greater Adelaide as defined by the plan deposited in the General Registry Office at Adelaide and numbered G16/2015 (being the plan as it existed on 1 December 2015).

3. (3)

   The Governor may, by subsequent proclamation made on the recommendation of the Minister—

   1. (a)

      vary the boundaries of—

      1. (i)

         any planning region; or

      2. (ii)

         Greater Adelaide; or

   2. (b)

      abolish a planning region (on the basis that a new division is to occur), other than Greater Adelaide.

4. (4)

   The Minister must, in formulating a recommendation for the purposes of subsection (1) or (3)—

   1. (a)

      seek to reflect communities of interest at a regional level; and

   2. (b)

      take into account—

      1. (i)

         the boundaries of the areas of councils and other relevant administrative boundaries that apply within the State; and

      2. (ii)

         relevant economic, social and cultural factors; and

      3. (iii)

         relevant environmental factors (including water catchment areas and biogeographical regions); and

   3. (c)

      give attention to the need to achieve effective planning consistent with the objects of this Act, and the delivery of infrastructure, government services and other relevant services, at the regional level.

5. (5)

   The Minister must, before a proclamation is made under this section—

   1. (a)

      seek the advice of the Commission; and

   2. (b)

      give any council that will be directly affected notice of the proposed proclamation and give consideration to any submission made by such a council within a period (being at least 28 days) specified in the notice,

and the Minister may consult in relation to a proposed proclamation with any other person or body as the Minister thinks fit.

1. (6)

   The Minister must seek advice from the Commission under subsection (5)(a) before proceeding to give notice to a council under subsection (5)(b) and, in giving that notice, must furnish to the council a copy of the Commission's advice.

2. (7)

   The Minister must ensure that a proclamation under this section is published on the SA planning portal.

3. (8)

   If the Governor makes a proclamation under subsection (3)(a)(ii)—

   1. (a)

      the Minister must cause a copy of the proclamation to be laid before both Houses of Parliament; and

   2. (b)

      the proclamation cannot take effect unless approved by a resolution passed by both Houses of Parliament.

4. (9)

   Notice of motion for a resolution under subsection (8) must be given at least 6 sitting days before the motion is passed.

5. (10)

   A proclamation under this section may define an area (either for the purposes of constituting a planning region or Greater Adelaide) by a plan deposited in the General Registry Office by the Minister (as it exists at a specified date), or in some other way as the Governor thinks fit.

6Subregions

1. (1)

   The Minister may, by notice published in the Gazette and on the SA planning portal, establish a subregion within a planning region.

2. (2)

   The Minister may, by subsequent notice published in the Gazette and on the SA planning portal—

   1. (a)

      vary the boundaries of a subregion; or

   2. (b)

      abolish a subregion.

3. (3)

   The Minister must, before a notice is published under this section—

   1. (a)

      seek the advice of the Commission; and

   2. (b)

      give any council that will be directly affected notice of the Minister's proposed course of action and give consideration to any submission made by a council within a period (being at least 28 days) specified in the notice,

and the Minister may consult in relation to a proposed notice with any other person or body as the Minister thinks fit.

1. (4)

   The Minister must seek the advice of the Commission under subsection (3)(a) before proceeding to give notice to a council under subsection (3)(b) and, in giving that notice, must furnish to the council a copy of the Commission's advice.

2. (5)

   A notice under this section may define an area by a plan deposited in the General Registry Office by the Minister (as it exists at a specified date), or in some other way as the Minister thinks fit.

7Environment and food production areas – Greater Adelaide

1. (1)

   On the commencement of this section, the environment and food production areas as defined by the plan deposited in the General Registry Office at Adelaide and numbered G17/2015 (being the plan as it existed on 1 December 2015) are established within Greater Adelaide.

2. (2)

   The Minister must ensure that a copy of the plan referred to in subsection (1) is published on the SA planning portal.

3. (3)

   In making any decision under this section (following the establishment of the initial environment and food production areas under subsection (1)), the Commission must ensure that areas of rural, landscape, environmental or food production significance within Greater Adelaide are protected from urban encroachment and the Commission may only vary an environment and food production area if the Commission is satisfied—

   1. (a)

      that—

      1. (i)

         an area or areas within Greater Adelaide outside environment and food production areas are unable to support the principle of urban renewal and consolidation of existing urban areas; and

      2. (ii)

         adequate provision cannot be made within Greater Adelaide outside environment and food production areas to accommodate housing and employment growth over the longer term (being at least a 15 year period); or

   2. (b)

      that the variation is trivial in nature and will address a recognised anomaly.

4. (4)

   If an area of land that is, or is included in, a character preservation area under a character preservation law ceases to be, or to be included in, a character preservation area, the area of land will, at the time of the cessation, by force of this subsection, be taken to be an environment and food production area established under this section.

5. (5)

   The following provisions will apply in relation to a proposed development in an environment and food production area that involves a division of land that would create 1 or more additional allotments:

   1. (a)

      a relevant authority, other than the Commission or the Minister, must not grant development authorisation to the development unless the Commission concurs in the granting of the authorisation;

   2. (b)

      if the Commission is the relevant authority, the Commission must not grant development authorisation to the development unless the council for the area where the proposed development is situated concurs in the granting of the authorisation;

   3. (c)

      no appeal lies against a refusal by a relevant authority to grant development authorisation to the development or a refusal by the Commission or a council to concur in the granting of such an authorisation;

   4. (d)

      if the proposed development will create additional allotments to be used for residential development, the relevant authority must refuse to grant development authorisation in relation to the proposed development;

   5. (e)

      a development authorisation granted in relation to the proposed development will be taken to be subject to the condition that the additional allotments created will not be used for residential development.

6. (6)

   In acting under subsection (5)(a), the Commission must take into account the objective that areas of rural, landscape, environmental or food production significance within Greater Adelaide should be protected from urban encroachment.

7. (7)

   For the avoidance of doubt, the establishment of 1 or more environment and food production areas does not affect the operation of this Act, a Mining Act or any other Act, except as provided in subsection (5).

8. (8)

   Subject to this section, the Commission may, from time to time, by notice published in the Gazette and on the SA planning portal, vary an environment and food production area (including an environment and food production area established (or taken to be established) under this section).

9. (9)

   The Commission may only act under subsection (8) if—

   1. (a)

      the Commission has conducted an inquiry into the matter and furnished a report on the outcome of the inquiry to the Minister; or

   2. (b)

      the Commission has conducted a review in accordance with subsection (10) and furnished a report on the outcome of the review to the Minister.

10. (10)

    The Commission must conduct a review under subsection (9)(b) on a 5 yearly basis.

11. (11)

    The purpose of a review under subsection (9)(b) is to assess the matters set out in subsection (3)(a).

12. (12)

    If the Commission publishes a notice under subsection (8), the Minister must, within 6 sitting days after publication of the notice, cause a copy of—

    1. (a)

       the notice; and

    2. (b)

       (at the same time as the notice is laid before Parliament) the report of the Commission under subsection (9)(a) or (b) (as the case requires),

to be laid before both Houses of Parliament.

1. (13)

   If either House of Parliament, acting in pursuance of a notice of motion, passes a resolution disallowing a notice laid before it under subsection (12) the notice cannot take effect.

2. (14)

   A resolution is not effective for the purposes of subsection (13) unless the resolution is passed within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the notice was laid before the House.

3. (15)

   If a resolution is passed under subsection (13), notice of that resolution must immediately be published in the Gazette.

4. (16)

   If or when a notice laid before both Houses of Parliament under subsection (12) can take effect after taking into account the operation of subsections (13) and (14), the Commission may, by notice published on the SA planning portal, fix a day on which the notice will come into operation.

5. (17)

   A notice under this section may define an area by a plan deposited in the General Registry Office (as it exists at a specified date), or in some other way as the Commission thinks fit.

6. (18)

   In this section—

residential development means development primarily for residential purposes but does not include—

1. (a)

   the use of land for the purposes of a hotel or motel or to provide any other form of temporary residential accommodation for valuable consideration; or

2. (b)

   a dwelling for residential purposes on land used primarily for primary production purposes.

8Application of Act – general provision

1. (1)

   Subject to this section, this Act applies throughout the State.

2. (2)

   The regulations may provide—

   1. (a)

      that a specified provision of this Act does not apply, or applies with prescribed variations, to a part of the State specified by the regulations;

   2. (b)

      that a specified provision of this Act does not apply, or applies with prescribed variations, in respect of a particular class of place or development, or in any circumstance or situation (or circumstance or situation of a prescribed class), specified by the regulations,

and, subject to any condition to which the regulation is expressed to be subject, the operation of this Act is modified accordingly.

9Application of Act – Crown

This Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the Crown.

10Interaction with other Acts

Except where the contrary intention is expressed in this or any other Act, this Act is in addition to and does not limit or derogate from the provisions of any other Act.

11Recognition of special legislative schemes

For the purposes of this Act, a special legislative scheme is—

1. (a)

   a character preservation law; or

2. (b)

   any of the following Acts:

   1. (i)

      the River Murray Act 2003;

   2. (ii)

      the Adelaide Dolphin Sanctuary Act 2005;

   3. (iii)

      the Marine Parks Act 2007;

   4. (iv)

      the Arkaroola Protection Act 2012; or

3. (c)

   another Act, or a part of another Act, that is—

   1. (i)

      declared by that other Act to be a special legislative scheme for the purposes of this Act; or

   2. (ii)

      declared by the regulations to be a special legislative scheme for the purposes of this Act.

Part 2Objects, planning principles and general responsibilitiesDivision 1Objects and planning principles12Objects of Act

1. (1)

   The primary object of this Act is to support and enhance the State's liveability and prosperity in ways that are ecologically sustainable and meet the needs and expectations, and reflect the diversity, of the State's communities by creating an effective, efficient and enabling planning system, linked with other laws, that—

   1. (a)

      promotes and facilitates development, and the integrated delivery and management of infrastructure and public spaces and facilities, consistent with planning principles and policies; and

   2. (b)

      provides a scheme for community participation in relation to the initiation and development of planning policies and strategies.

2. (2)

   In association with the object referred to subsection (1), the scheme established by this Act is intended to—

   1. (a)

      be based on policies, processes and practices that are designed to be simple and easily understood and that provide consistency in interpretation and application; and

   2. (b)

      enable people who use or interact with the planning system to access planning information, and to undertake processes and transactions, by digital means; and

   3. (c)

      promote certainty for people and bodies proposing to undertake development while at the same time providing scope for innovation; and

   4. (d)

      promote high standards for the built environment through an emphasis on design quality in policies, processes and practices, including by providing for policies and principles that support or promote universal design for the benefit of people with differing needs and capabilities; and

   5. (e)

      promote safe and efficient construction through cost‑effective technical requirements that form part of a national scheme of construction rules and product accreditation; and

   6. (f)

      provide financial mechanisms, incentives and value‑capture schemes that support development and that can be used to capitalise on investment opportunities; and

   7. (g)

      promote cooperation, collaboration and policy integration between and among State government agencies and local government bodies.

13Promotion of objects

A person or body involved in the administration of this Act must have regard to, and seek to further, the objects established by this section.

14Principles of good planning

In seeking to further the objects of this Act, regard should be given to the following principles that relate to the planning system established by this Act (insofar as may be reasonably practicable and relevant in the circumstances):

1. (a)

   long‑term focus principles as follows:

   1. (i)

      policy frameworks should be based around long‑term priorities, be ecologically sound, and seek to promote equity between present and future generations;

   2. (ii)

      policy frameworks should be able to respond to emerging challenges and cumulative impacts identified by monitoring, benchmarking and evaluation programs;

2. (b)

   urban renewal principles as follows:

   1. (i)

      preference should be given to accommodating expected future growth of cities and towns through the logical consolidation and redevelopment of existing urban areas;

   2. (ii)

      the encroachment of urban areas on areas of rural, landscape or environmental significance is to be avoided other than in exceptional circumstances;

   3. (iii)

      urban renewal should seek to make the best use (as appropriate) of underlying or latent potential associated with land, buildings and infrastructure;

3. (c)

   high‑quality design principles as follows:

   1. (i)

      development should be designed to reflect local setting and context, to have a distinctive identity that responds to the existing character of its locality, and to strike a balance between built form, infrastructure and public realm;

   2. (ii)

      built form should be durable, designed to be adaptive (including in relation to the reuse of buildings or parts of buildings) and compatible with relevant public realm;

   3. (iii)

      public realm should be designed to be used, accessible, and appropriately landscaped and vegetated;

   4. (iv)

      built form and the public realm should be designed to be inclusive and accessible to people with differing needs and capabilities (including through the serious consideration of universal design practices);

   5. (v)

      cities and towns should be planned and designed to be well‑connected in ways that facilitate the safe, secure and effective movement of people within and through them;

4. (d)

   activation and liveability principles as follows:

   1. (i)

      planning and design should promote mixed use neighbourhoods and buildings that support diverse economic and social activities;

   2. (ii)

      urban areas should include a range of high quality housing options with an emphasis on living affordability;

   3. (iii)

      neighbourhoods and regions should be planned, designed and developed to support active and healthy lifestyles and to cater for a diverse range of cultural and social activities;

5. (e)

   sustainability principles as follows:

   1. (i)

      cities and towns should be planned, designed and developed to be sustainable;

   2. (ii)

      particular effort should be focussed on achieving energy efficient urban environments that address the implications of climate change;

   3. (iii)

      policies and practices should promote sustainable resource use, reuse and renewal and minimise the impact of human activities on natural systems that support life and biodiversity;

6. (f)

   investment facilitation principles as follows:

1. 1. (i)

      planning and design should be undertaken with a view to strengthening the economic prosperity of the State and facilitating proposals that foster employment growth;

   2. (ii)

      the achievement of good planning outcomes should be facilitated by coordinated approaches that promote public and private investment towards common goals;

2. (g)

   integrated delivery principles as follows:

   1. (i)

      policies, including those arising outside the planning system, should be coordinated to ensure the efficient and effective achievement of planning outcomes;

   2. (ii)

      planning, design and development should promote integrated transport connections and ensure equitable access to services and amenities;

   3. (iii)

      any upgrade of, or improvement to, infrastructure or public spaces or facilities should be coordinated with related development.

Division 2General duties and coordination of activities15General duties

1. (1)

   It is expected that a person or body that—

   1. (a)

      seeks to obtain an authorisation under this Act; or

   2. (b)

      performs, exercises or discharges a function, power or duty under this Act; or

   3. (c)

      takes the benefit of this Act or is otherwise involved in a process provided by this Act,

will—

1. (d)

   act in a cooperative and constructive way; and

2. (e)

   be honest and open in interacting with other entities under this Act; and

3. (f)

   be prepared to find reasonable solutions to issues that affect other interested parties or third parties.

1. (2)

   Without limiting subsection (1), a person or body performing, exercising or discharging a function, power or duty under this Act must—

   1. (a)

      exercise professional care and diligence; and

   2. (b)

      act honestly and in an impartial manner; and

   3. (c)

      be responsible and accountable in its conduct; and

   4. (d)

      comply with any code of conduct, service benchmark or other requirement that applies in relation to the person or body.

2. (3)

   The Minister may, after taking into account the advice of the Commission, establish and maintain service benchmarks for the purposes of this section.

3. (4)

   The principles and benchmarks under this section—

   1. (a)

      do not give rise to substantive rights or liabilities; but

   2. (b)

      may lead to action being taken on account of a breach of a code of conduct or professional standard that applies in relation to a relevant person or body.

16Responsibility to coordinate activities

1. (1)

   It is expected that any State or local government body or agency will, in the performance, exercise or discharge of a function, power or duty (including in a case arising under another Act), insofar as may be appropriate and relevant in the circumstances, seek to develop and implement policies that are consistent with the schemes established by this Act and will cooperate with any person or body involved in the administration of this Act.

2. (2)

   The Commission may, as it thinks fit, furnish to the Minister a report on any failure by a body or agency to comply with the requirements of subsection (1).

Part 3AdministrationDivision 1State Planning CommissionSubdivision 1Establishment and constitution of Commission17Establishment of Commission

1. (1)

   The State Planning Commission is established.

2. (2)

   The Commission is a body corporate.

3. (3)

   The Commission is an instrumentality of the Crown.

4. (4)

   The Commission is subject to the general control and direction of the Minister.

5. (5)

   However, the Minister may not give a direction where—

   1. (a)

      the Commission is making or required to make a recommendation; or

   2. (b)

      the Commission is providing or required to provide advice to the Minister; or

   3. (c)

      the Commission is required to give effect to an order of a court; or

   4. (d)

      the Commission has a discretion in relation to the granting of a development authorisation.

6. (6)

   The Commission must, in the performance of its functions, take into account—

   1. (a)

      a particular government policy; or

   2. (b)

      a particular principle or matter,

specified by the Minister (subject to any relevant principle of law).

18Constitution of Commission

1. (1)

   Subject to this section, the Commission consists of—

   1. (a)

      at least 4 and not more than 6 persons appointed by the Governor on the nomination of the Minister; and

   2. (b)

      a public sector employee (other than the Chief Executive) who is responsible, under a Minister, for assisting in the administration of this Act, designated by the Minister by notice in the Gazette (ex officio).

2. (2)

   The Minister must, when nominating persons for appointment as members of the Commission, seek to ensure that, as far as is practicable, the members of the Commission collectively have qualifications, knowledge, expertise and experience in the following areas:

   1. (a)

      economics, commerce or finance;

   2. (b)

      planning, urban design or architecture;

   3. (c)

      development or building construction;

   4. (d)

      the provision of or management of infrastructure or transport systems;

   5. (e)

      social or environmental policy or science;

   6. (f)

      local government, public administration or law.

3. (3)

   In making a nomination that is relevant to the operation of subsection (2)(f) insofar as it relates to local government, the Minister must take reasonable steps to consult with the LGA before the nomination is made.

4. (4)

   The Minister will appoint 1 member of the Commission to chair the meetings of the Commission.

5. (5)

   The Governor may, on the recommendation of the Minister, appoint a suitable person to be a deputy of an appointed member of the Commission and to act as a member of the Commission during any period of absence of the appointed member.

19Special provision relating to constitution of Commission

1. (1)

   The Commission may appoint 1 or 2 persons to act as additional members of the Commission for the purposes of dealing with any matter arising under this Act.

2. (2)

   The following provisions apply in connection with subsection (1):

   1. (a)

      a person appointed under that subsection must be selected from a list of persons established by the Minister for the purposes of that subsection;

   2. (b)

      the Minister should, in establishing the list under paragraph (a), seek to obtain a wide range of expertise relevant to the classes of matters that might (in the opinion of the Minister after consultation with the Commission) be suited to being assessed by the Commission as constituted after an appointment or appointments have been made under that subsection;

   3. (c)

      a person will be appointed to, and remain on, the list under paragraph (a) on terms and conditions determined by the Minister and, at the expiration of a term of appointment, is eligible for reappointment;

   4. (d)

      the Commission must make an appointment or appointments under that subsection in a prescribed case;

   5. (e)

      a person appointed under that subsection is not to be considered to be an appointed member of the Commission under the other sections of this Subdivision.

20Conditions of membership

1. (1)

   An appointed member of the Commission is appointed on conditions determined by the Governor on the recommendation of the Minister and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.

2. (2)

   The Governor may, on the recommendation of the Minister, remove an appointed member of the Commission from office—

   1. (a)

      for breach of, or non‑compliance with, a condition of appointment; or

   2. (b)

      for misconduct; or

   3. (c)

      for failure or incapacity to carry out official duties satisfactorily.

3. (3)

   The office of an appointed member of the Commission becomes vacant if the member—

   1. (a)

      dies; or

   2. (b)

      completes a term of office and is not reappointed; or

   3. (c)

      resigns by written notice to the Minister; or

   4. (d)

      is convicted of an indictable offence or is sentenced to imprisonment for an offence; or

   5. (e)

      becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or

   6. (f)

      is removed from office under subsection (2).

21Allowances and expenses

An appointed member of the Commission is entitled to fees, allowances and expenses determined by the Governor on the recommendation of the Minister.

Subdivision 2Functions and powers22Functions

1. (1)

   The Commission has the following functions:

   1. (a)

      to act as the State's principal planning advisory and development assessment body;

   2. (b)

      to support the Minister in the administration of this Act and, in so doing, to provide advice, and make recommendations, to the Minister on the administration of this Act and with respect to the effect of any other legislation that is relevant to the operation of this Act;

   3. (c)

      at the request of the Minister, to provide a report on any specified matter;

   4. (d)

      to work with—

      1. (i)

         the other entities involved in the administration of this Act; and

      2. (ii)

         other entities that perform functions or exercise powers under any other Act that is relevant to the operation of this Act or to furthering the objects of this Act; and

      3. (iii)

         other entities (both within the public and private sectors) that have a significant role with respect to planning, development or infrastructure provision within the State;

   5. (e)

      to conduct inquiries with respect to any matter—

      1. (i)

         referred to the Commission by the Minister under this paragraph; or

      2. (ii)

         determined by the Commission under this paragraph with the approval of the Minister; and

   6. (f)

      to assist the Minister by working with the Chief Executive—

      1. (i)

         in connection with the implementation of planning policies developed under this Act; and

      2. (ii)

         in considering and providing advice with respect to funding programs that are relevant to planning or development within the State; and

      3. (iii)

         in working with government agencies and councils, including by providing information, guidance material and training in connection with the operation of this Act; and

      4. (iv)

         in undertaking or publishing research, or analysing or monitoring trends, with respect to planning and development within the State;

   7. (g)

      such other functions assigned to the Commission by the Minister or by or under this or any other Act.

2. (2)

   Without limiting subsection (1), the Commission has a role that includes providing advice with respect to any of the following matters:

   1. (a)

      initiatives that are consistent with or promote principles that relate to the planning system established by this Act;

   2. (b)

      the regulatory controls, standards or rules that apply, or should apply, with respect to development;

   3. (c)

      the making, amendment or repeal of instruments under this Act;

   4. (d)

      the performance of entities acting under this Act;

   5. (e)

      other matters or issues that are relevant to the operation of this Act.

3. (3)

   The Commission may, in relation to providing advice under this Act, act on its own initiative or on request.

4. (4)

   If an inquiry is conducted by the Commission under subsection (1)(e)—

   1. (a)

      the Commission may, for the purposes of the inquiry—

      1. (i)

         call for or receive submissions or representations; and

      2. (ii)

         request any person to provide information or materials to the Commission; and

      3. (iii)

         otherwise collect information or materials or inform itself as the Commission thinks fit; and

   2. (b)

      the Commission may, if it thinks fit, receive or retain any information or materials provided to it on a confidential basis; and

   3. (c)

      the Commission must, at the conclusion of the inquiry, furnish a report to the Minister about—

      1. (i)

         the matters addressed by the inquiry; and

      2. (ii)

         the outcomes of the inquiry; and

      3. (iii)

         any other relevant matter (including any advice or recommendations of the Commission).

5. (5)

   An agency or instrumentality of the Crown must, at the request of the Commission and insofar as is appropriate—

   1. (a)

      take steps to cooperate with the Commission in connection with the performance of its functions; and

   2. (b)

      provide information that will assist the Commission in the performance of its functions.

6. (6)

   Without limiting subsection (5), an agency or instrumentality of the Crown must, at the direction of the Minister—

   1. (a)

      participate in any committee established by the Commission in connection with the operation of the planning system under this Act or development within the State; and

   2. (b)

      comply with any requirement specified by the Minister in order to resolve any issue associated with the formulation or implementation of a planning policy under this Act.

7. (7)

   The Minister may only act under subsection (6) after taking into account the advice of the Commission in relation to the matter.

8. (8)

   A direction under subsection (6) is not binding on an agency or instrumentality of the Crown to the extent (if any) to which—

   1. (a)

      it would impede or affect the performance of a quasi‑judicial or statutorily independent function of the entity; or

   2. (b)

      it is inconsistent with a direction or determination of another Minister under another Act.

23Powers

The Commission has all the powers of a natural person together with the powers conferred on the Commission by or under this or any other Act and may do anything necessary or convenient to be done in the performance of its functions.

24Minister to be kept informed

The Commission must keep the Minister reasonably informed about its activities.

25Minister to have access to information

1. (1)

   The Minister is entitled—

   1. (a)

      to require the Commission to collect or retain specified information; and

   2. (b)

      to have information in the possession of the Commission; and

   3. (c)

      if the information is in or on a document, to have, and make and retain copies of, that document.

2. (2)

   The Minister may, in connection with the operation of subsection (1)—

   1. (a)

      request the Commission to furnish information to the Minister; and

   2. (b)

      request the Commission to give the Minister access to information; and

   3. (c)

      for the purposes of paragraph (b), make use of the staff of the Commission to obtain the information and furnish it to the Minister.

3. (3)

   However, the Minister is not entitled to obtain under this section information that the Commission considers should be treated for any reason as confidential so long as the Commission does not adversely affect the proper performance of ministerial functions or duties.

Subdivision 3Related matters26Validity of acts

An act or proceeding of the Commission is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

27Proceedings

1. (1)

   A quorum at a meeting of the Commission consists of a number ascertained by dividing the total number of members by half, ignoring any fraction resulting from the division, and adding 1 (and no business may be transacted at a meeting of the Commission unless a quorum is present).

2. (2)

   A decision carried by a majority of the votes cast by members at a meeting is a decision of the Commission.

3. (3)

   Each member present at a meeting of the Commission is entitled to 1 vote on any matter arising for decision and, if the votes are equal, the member presiding at the meeting is entitled to a second or casting vote.

4. (4)

   A conference between members constituting a quorum by telephone or audio‑visual means is a valid meeting of the Commission if—

   1. (a)

      a notice of the conference is given to all members in the manner determined by the Commission for that purpose; and

   2. (b)

      the system of communication allows a participating member to communicate with any other participating member during the conference.

5. (5)

   A resolution of the Commission—

   1. (a)

      of which prior notice was given to members in accordance with procedures determined by the Commission; and

   2. (b)

      in which at least the majority of members of the Commission expressed their concurrence in writing or by electronic communication,

will be taken to be a decision of the Commission made at a meeting of the Commission.

1. (6)

   A member of the Commission who has a direct or indirect personal or pecuniary interest in a matter before the Commission (other than an indirect interest that exists in common with a substantial class of persons)—

   1. (a)

      must, as soon as he or she becomes aware of his or her interest, disclose the nature and extent of the interest to the Commission; and

   2. (b)

      must not take part in any hearings conducted by the Commission, or in any deliberations or decision of the Commission, on the matter and must be absent from the meeting when any deliberations are taking place or decision is being made.

Maximum penalty: $30 000.

1. (7)

   Without limiting the effect of subsection (6), a member of the Commission will be taken to have an interest in a matter for the purposes of that subsection if an associate of the member has an interest in the matter.

2. (8)

   The Commission must have accurate minutes kept of its proceedings.

3. (9)

   Subject to this Act, the Commission may determine its own procedures.

28Disclosure of financial interests

A member of the Commission must disclose his or her financial interests in accordance with Schedule 1.

29Committees

1. (1)

   The Commission—

   1. (a)

      must establish 1 or more committees in connection with its functions and powers as a relevant authority under this Act (to be known as Commission assessment panels); and

   2. (b)

      must establish such other committees as may be required—

      1. (i)

         by the regulations; or

      2. (ii)

         by the Minister; and

   3. (c)

      may, with the approval of the Minister, establish other committees,

to advise the Commission on any aspect of its functions, or to assist the Commission or to act on behalf of the Commission in the performance of its functions or the exercise of its powers.

1. (2)

   A committee may, but need not, consist of or include members of the Commission.

2. (3)

   The procedures to be observed in relation to the conduct of business of a committee will be—

   1. (a)

      as determined by the Commission; or

   2. (b)

      insofar as the procedure is not determined by the Commission—as determined by the relevant committee.

30Delegations

1. (1)

   The Commission may delegate any of its functions or powers.

2. (2)

   A delegation—

   1. (a)

      may be made—

      1. (i)

         to a particular person or body; or

      2. (ii)

         to the person for the time being occupying a particular office or position; and

   2. (b)

      may be made subject to conditions or limitations specified in the instrument of delegation; and

   3. (c)

      if the instrument of delegation so provides, may be further delegated by the delegate; and

   4. (d)

      is revocable at will and does not derogate from the power of the Commission to act in any matter.

3. (3)

   In addition, the Commission must delegate its functions and powers as a relevant authority with respect to determining whether or not to grant planning consent under this Act to—

   1. (a)

      a Commission assessment panel established under section 29(1)(a); or

   2. (b)

      an assessment panel appointed or constituted under section 82; or

   3. (c)

      a person for the time being occupying a particular office or position.

4. (4)

   The Commission may, in connection with the operation of subsection (3)—

   1. (a)

      make a series of delegations according to classes of development; and

   2. (b)

      vary any delegation from time to time.

5. (5)

   A function or power delegated under subsection (3) may be further delegated (and any such further delegation may be made subject to conditions or limitations, is revocable at will, and does not derogate from the power of the delegator under this subsection to act in any matter).

31Staff and facilities

1. (1)

   There will be such staff to assist the Commission as the Minister may approve.

2. (2)

   The staff of the Commission will be public service employees.

3. (3)

   In addition, the Commission may—

   1. (a)

      by arrangement with the appropriate authority, make use of the services, facilities or staff of any government department, agency or instrumentality; or

   2. (b)

      with the approval of the Minister—

      1. (i)

         make use of the services, facilities or staff of any other entity; and

      2. (ii)

         engage any person to perform specific work on terms and conditions determined by the Commission.

32Annual report

1. (1)

   The Commission must, on or before 30 September in every year, forward to the Minister a report on the Commission's operations for the preceding financial year.

2. (2)

   The report must contain any information required by the regulations.

3. (3)

   The Minister must, within 6 sitting days after receiving a report under this section, cause copies of the report to be laid before both Houses of Parliament.

Division 2Chief Executive33Functions

1. (1)

   The Chief Executive's functions in connection with the administration of this Act include the following:

   1. (a)

      to work with the Commission in the performance of its functions; and

   2. (b)

      to be responsible to the Commission for managing the Commission's business efficiently and effectively;

   3. (c)

      to be responsible for supervising any staff appointed to assist the Commission.

2. (2)

   The Chief Executive has such other functions assigned to the Chief Executive by the Commission or by or under this or any other Act.

34Delegation

1. (1)

   The Chief Executive may delegate any of the Chief Executive's functions or powers under this Act.

2. (2)

   A delegation—

   1. (a)

      may be made—

      1. (i)

         to a particular person or body; or

      2. (ii)

         to the person for the time being occupying a particular office or position; and

   2. (b)

      may be made subject to conditions or limitations specified in the instrument of delegation; and

   3. (c)

      if the instrument of delegation so provides, may be further delegated by the delegate; and

   4. (d)

      is revocable at will and does not derogate from the power of the Chief Executive to act in any matter.

Division 3Joint planning arrangementsSubdivision 1Planning agreements35Planning agreements

1. (1)

   Subject to this section, the Minister may, after seeking or receiving the advice of the Commission, enter into an agreement (a planning agreement), relating to a specified area of the State, with any of the following entities:

   1. (a)

      any council that has its area, or part of its area, within the specified area of the State;

   2. (b)

      any other Minister who has requested to be a party to the agreement;

   3. (c)

      if the Minister thinks fit, any other entity (whether or not an agency or instrumentality of the Crown) that has requested or agreed to be a party to the agreement.

2. (2)

   If a proposed planning agreement will include any part of the area of a council, the Minister must (unless the proposal has been initiated by the council) ensure that the council is specifically invited to be a party to the agreement (on reasonable terms and conditions) under subsection (1)(a).

3. (3)

   A planning agreement must include provisions that outline the purposes of the agreement and the outcomes that the agreement is intended to achieve and may provide for—

   1. (a)

      the setting of objectives, priorities and targets for the area covered by the agreement; and

   2. (b)

      the constitution of a joint planning board including, in relation to such a board—

      1. (i)

         the membership of the board, being between 3 and 7 members (inclusive); and

      2. (ii)

         subject to subsection (4), the criteria for membership; and

      3. (iii)

         the procedures to be followed with respect to the appointment of members; and

      4. (iv)

         the terms of office of members; and

      5. (v)

         conditions of appointment of members, or the method by which those conditions will be determined, and the grounds on which, and the procedures by which, a member may be removed from office; and

      6. (vi)

         the appointment of deputy members; and

      7. (vii)

         the procedures of the board; and

   3. (c)

      the delegation of functions and powers to the joint planning board (including, if appropriate, functions or powers under another Act); and

   4. (d)

      the staffing and other support issues associated with the operations of the joint planning board; and

   5. (e)

      financial and resource issues associated with the operations of the joint planning board, including—

      1. (i)

         the formulation and implementation of budgets; and

      2. (ii)

         the proportions in which the parties to the agreement will be responsible for costs and other liabilities associated with the activities of the board; and

   6. (f)

      such other matters as the parties to the agreement think fit.

4. (4)

   The criteria for membership of a joint planning board must be consistent with any requirement of the Minister that is intended to ensure that the members of the joint planning board collectively have qualifications, knowledge, expertise and experience necessary to enable the board to carry out its functions effectively.

5. (5)

   A planning agreement—

   1. (a)

      expires at the end of 10 years from the date of the agreement and may, when it expires, be replaced by a new agreement (in the same or different terms); and

   2. (b)

      may be varied by agreement between the parties to the agreement or may be terminated—

      1. (i)

         by agreement between the parties to the agreement; or

      2. (ii)

         by the Minister—

         1. (A)

            on the ground that the Minister considers that there has been a serious contravention or failure on the part of the joint planning board to comply with a provision of this or any other Act, or a serious failure on the part of the joint planning board to discharge a responsibility under this or any other Act; or

         2. (B)

            on the ground that the Minister considers that a serious irregularity has occurred in the conduct of the affairs of the joint planning board or that the joint planning board is not functioning effectively or acting appropriately; or

         3. (C)

            on any ground prescribed by the regulations.

6. (6)

   However, the Minister should only agree to the termination of an agreement under subsection (5)(b)(i) if the Minister is satisfied that it is in the public interest to do so.

7. (7)

   The regulations may—

   1. (a)

      make provision for the form of planning agreements; and

   2. (b)

      make provision in relation to the termination of planning agreements (including for the transfer to other entities of matters being dealt with by a joint planning board (or an assessment panel appointed by a joint planning board) at the time of a termination); and

   3. (c)

      make such other such provision as the Governor thinks fit in relation to planning agreements.

8. (8)

   The Chief Executive must—

   1. (a)

      maintain a register of planning agreements in force under this Division; and

   2. (b)

      publish the register on the SA planning portal.

9. (9)

   The Minister must, within 6 sitting days after a planning agreement is entered into or varied under this section, cause copies of the agreement or variation (as the case may be) to be laid before both Houses of Parliament.

Subdivision 2Joint planning boards36Joint planning boards

1. (1)

   The Minister must, in connection with the commencement of a planning agreement, by notice published in the Gazette, establish a joint planning board in accordance with the terms of the agreement.

2. (2)

   A joint planning board—

   1. (a)

      is a body corporate; and

   2. (b)

      has the name assigned to it under the relevant planning agreement; and

   3. (c)

      is constituted in accordance with the terms of the relevant planning agreement; and

   4. (d)

      has the functions and powers assigned to it under this or any other Act or conferred under the terms of the relevant planning agreement; and

   5. (e)

      must prepare and furnish annual reports in accordance with requirements prescribed by the regulations.

3. (3)

   The Minister may, by further notice published in the Gazette, abolish a joint planning board if the relevant planning agreement is terminated.

37Disclosure of financial interests

A member of a joint planning board who is not a member of a council must disclose his or her financial interests in accordance with Schedule 1.

38Committees

1. (1)

   A joint planning board may establish such committees as the board thinks fit to advise the board on any aspect of its functions, or to assist the board in the performance of its functions or the exercise of its powers.

2. (2)

   A joint planning board must establish a committee designated by the relevant planning agreement if the planning agreement so requires.

3. (3)

   A committee may, but need not, consist of or include members of the joint planning board.

4. (4)

   The procedures to be observed in relation to the conduct of business of a committee will be—

   1. (a)

      as determined by the joint planning board; or

   2. (b)

      insofar as the procedure is not determined by the joint planning board—as determined by the relevant committee.

39Subsidiaries

1. (1)

   A joint planning board may establish a subsidiary—

   1. (a)

      to carry out a specified activity or activities; or

   2. (b)

      to perform a function or to exercise a power of the board under this Act; or

   3. (c)

      to hold or administer any land, facility or assets.

2. (2)

   The establishment of a subsidiary under this section is subject to obtaining the approval of the Minister to the conferral of corporate status under this Act.

3. (3)

   The establishment of a subsidiary does not derogate from the power of the joint planning board to act in any matter.

4. (4)

   Schedule 2 contains other provisions that are relevant to a subsidiary established under this section.

40Delegations

1. (1)

   A joint planning board may delegate any of its functions or powers.

2. (2)

   A delegation—

   1. (a)

      may be made—

      1. (i)

         to a particular person or body; or

      2. (ii)

         to the person for the time being occupying a particular office or position; and

   2. (b)

      must in prescribed circumstances be made to a committee of the board established in accordance with the requirements of the regulations; and

   3. (c)

      may be made subject to conditions or limitations specified in the instrument of delegation; and

   4. (d)

      if the instrument of delegation so provides, may be further delegated by the delegate; and

   5. (e)

      is revocable at will and does not derogate from the power of the board to act in any matter.

Subdivision 3Appointment of administrator41Appointment of administrator

1. (1)

   The Minister may appoint an administrator of a joint planning board if—

   1. (a)

      the Minister considers that the board is not operating effectively or appropriately and that steps should be taken under this section until the matter can be resolved; or

   2. (b)

      the Minister has determined that the relevant planning agreement should be terminated and considers that steps should be taken to appoint an administrator under this section until the operations of the board can be wound up; or

   3. (c)

      the Minister considers that taking action under this section is appropriate on any other reasonable ground.

2. (2)

   Before appointing an administrator under this section, the Minister must—

   1. (a)

      consult with the other parties to the relevant planning agreement; and

   2. (b)

      seek the advice of the Commission.

3. (3)

   An administrator has, while the appointment remains in force, full and exclusive power to perform the functions and exercise the powers of the joint planning board.

4. (4)

   The remuneration of the administrator will be fixed by the Minister and is payable from the joint planning board's funds.

5. (5)

   The members of the joint planning board are suspended from office while an administrator holds office under this section.

6. (6)

   The Minister may revoke an appointment under this section when the Minister considers it appropriate to do so.

Division 4Practice directions and practice guidelines42Practice directions

1. (1)

   The Commission may issue practice directions for the purposes of this Act.

2. (2)

   Without limiting any other provision that contemplates the issuing of a practice direction, a practice direction may specify procedural requirements or steps in connection with any matter arising under this Act.

3. (3)

   Without limiting subsections (1) and (2), the Commission must, by practice direction to be applied under this Act, establish a scheme with a view to ensuring that planning assessment or controls undertaken or established under this Act (including through the imposition of conditions under this Act) do not conflict with or duplicate matters that may be dealt with or addressed under a licensing or other regulatory regime under another Act.

4. (4)

   A practice direction—

   1. (a)

      must be—

      1. (i)

         notified in the Gazette; and

      2. (ii)

         published on the SA planning portal; and

   2. (b)

      may be varied or revoked by the Commission from time to time by a further instrument—

      1. (i)

         notified in the Gazette; and

      2. (ii)

         published on the SA planning portal.

5. (5)

   A practice direction does not give rise to—

   1. (a)

      any liability of, or other claim against, the Commission; or

   2. (b)

      any right, expectation, duty or obligation that would not otherwise be available to a person.

43Practice guidelines

1. (1)

   The Commission may, with the approval of the Minister, make practice guidelines with respect to the interpretation, use or application of—

   1. (a)

      the Planning Rules; or

   2. (b)

      the Building Rules.

2. (2)

   Without limiting subsection (1), a practice guideline may—

   1. (a)

      make a declaration as to the effect of a provision of the Planning Rules or a provision of the Building Rules in a particular set of circumstances; and

   2. (b)

      specify variations that will, in relation to deemed‑to‑satisfy development, constitute minor variations.

3. (3)

   If a relevant authority acts in accordance with a practice guideline, the relevant authority will be taken, in the absence of proof to the contrary, to be acting consistently with relevant provision of the Planning Rules or the Building Rules (as the case may be).

4. (4)

   A practice guideline—

   1. (a)

      must be—

      1. (i)

         notified in the Gazette; and

      2. (ii)

         published on the SA planning portal; and

   2. (b)

      may be varied or revoked by the Commission from time to time by further instrument—

      1. (i)

         notified in the Gazette; and

      2. (ii)

         published on the SA planning portal.

5. (5)

   A practice guideline does not give rise to—

   1. (a)

      any liability for, or claim against, the Commission; or

   2. (b)

      any right, expectation, duty or obligation that would not otherwise be available to a person.

Part 4Community engagement and information sharingDivision 1Community engagement44Community Engagement Charter

1. (1)

   There must be a charter to be called the Community Engagement Charter.

2. (2)

   The Commission is responsible for establishing and maintaining the charter.

3. (3)

   The following principles must be taken into account in relation to the preparation (or amendment) of the charter:

   1. (a)

      members of the community should have reasonable, timely, meaningful and ongoing opportunities to gain access to information about proposals to introduce or change planning policies and to participate in relevant planning processes;

   2. (b)

      community engagement should be weighted towards engagement at an early stage and scaled back when dealing with settled or advanced policy;

   3. (c)

      information about planning issues should be in plain language, readily accessible and in a form that facilitates community participation;

   4. (d)

      participation methods should seek to foster and encourage constructive dialogue, discussion and debate in relation to the development of relevant policies and strategies;

   5. (e)

      participation methods should be appropriate having regard to the significance and likely impact of relevant policies and strategies;

   6. (f)

      insofar as is reasonable, communities should be provided with reasons for decisions associated with the development of planning policy (including how community views have been taken into account).

4. (4)

   The charter—

   1. (a)

      will relate to—

      1. (i)

         public participation with respect to the preparation or amendment of any statutory instrument where compliance with the charter is contemplated by this Act; and

      2. (ii)

         without limiting subparagraph (i), any other circumstance where compliance with the charter is contemplated by this Act; and

   2. (b)

      may relate to any other circumstances determined by the Minister, acting on the advice of the Commission.

5. (5)

   The charter may—

   1. (a)

      establish categories of statutory processes to which various parts of the charter will apply; and

   2. (b)

      in relation to each category established under paragraph (a)—

      1. (i)

         specify mandatory requirements; and

      2. (ii)

         set out principles and performance outcomes that are to apply to the extent that mandatory requirements are not imposed; and

   3. (c)

      in relation to performance outcomes under paragraph (b)(ii)—

      1. (i)

         provide guidance on specific measures or techniques by which the outcomes may be achieved; and

      2. (ii)

         set out measures to help evaluate whether, and to what degree, the outcomes have been achieved.

6. (6)

   The charter must, in relation to any proposal to prepare or amend a designated instrument under Part 5 Division 2 Subdivision 5 that is relevant to 1 or more councils, provide for consultation with—

   1. (a)

      if the proposal is specifically relevant to a particular council or councils—that council or those councils (unless the proposal has been initiated by the council, or those councils); or

   2. (b)

      if the proposal is generally relevant to councils—the LGA.

7. (7)

   The charter must comply with any requirements prescribed by the regulations.

8. (8)

   Despite a preceding subsection, the charter must not relate to the assessment of applications for development authorisations under this Act in addition to the other provisions of this Act that apply in relation to such assessments.

9. (9)

   An entity to which the charter applies must—

   1. (a)

      comply with any mandatory requirement that applies in a relevant case; and

   2. (b)

      to the extent that paragraph (a) does not apply, have regard to, and seek to achieve, any principles or performance outcomes that apply in a relevant case.

10. (10)

    The Commission, or an entity acting with the approval of the Commission, may adopt an alternative way to achieving compliance with a requirement of the charter (including a mandatory requirement or a requirement prescribed by the regulations) if the Commission is satisfied that the alternative way is at least effective in achieving public consultation as the requirement under the charter.

11. (11)

    Despite a preceding subsection, the charter does not give rise to substantive rights or liabilities (and a failure to comply with the charter does not give rise to a right of action or invalidate any decision or process under this Act unless the failure is under a provision that requires compliance with the charter for the purposes of consultation in relation to a particular matter).

12. (12)

    If, in the opinion of the Commission, an entity fails to comply with the charter—

    1. (a)

       the Commission may direct the entity to comply with the charter; and

    2. (b)

       if the direction is not complied with within a period prescribed by the regulations—the Commission may take any action required by its direction and recover the reasonable costs and expenses of so doing as a debt from the entity that failed to comply with the direction.

45Preparation and amendment of charter

1. (1)

   A proposal to prepare or amend the charter may be initiated by the Commission acting on its own initiative or at the request of the Minister.

2. (2)

   The Commission must, after a proposal is initiated under subsection (1)—

   1. (a)

      prepare a draft of the proposal; and

   2. (b)

      consult with—

      1. (i)

         any entity specified by the Minister; and

      2. (ii)

         the LGA; and

      3. (iii)

         any other entity prescribed by or under the regulations; and

      4. (iv)

         any other entity the Commission thinks fit; and

   3. (c)

      ensure that a copy of the proposal is published on the SA planning portal with an invitation for interested persons to make representations (in writing or via the SA planning portal) on the proposal within a period specified by the Commission.

3. (3)

   The Commission must, after complying with subsection (2), prepare a report on the matters raised during consultation (including information about any change to the original proposal that the Commission considers should be made) and furnish a copy of the report to the Minister.

4. (4)

   The Minister may then—

   1. (a)

      adopt the charter, or the amendment to the charter (as the case may be), as recommended in the report under subsection (3); or

   2. (b)

      make alterations to what is recommended in the report and then proceed to adopt the charter or the amendment, as altered (as the case may be); or

   3. (c)

      determine that the matter should not proceed.

5. (5)

   The charter, or an amendment to the charter, adopted under subsection (4)—

   1. (a)

      does not have effect until it is published on the SA planning portal; and

   2. (b)

      may take effect from the date of publication under paragraph (a), or from a later date specified by the Minister.

6. (6)

   Despite a preceding subsection, the Commission may, by instrument published on the SA planning portal, amend the charter—

   1. (a)

      in order to make a change of form (without altering the effect of an underlying policy reflected in the charter); or

   2. (b)

      in order to take action which, in the opinion of the Commission, is correcting an error.

7. (7)

   In addition, the Commission must ensure that the various parts of the charter are reviewed at least once in every 5 years according to a scheme approved by the Minister.

8. (8)

   The outcome of a review undertaken to comply with subsection (7) must be embodied in a written report furnished to the Minister.

9. (9)

   The Minister must, within 6 sitting days after receiving a report under subsection (8), cause copies of the report to be laid before both Houses of Parliament.

46Parliamentary scrutiny

1. (1)

   The Minister must, within 28 days after adopting the charter or an amendment to the charter, refer the charter or the amendment (as the case may be) to the ERD Committee.

2. (2)

   An instrument referred to the ERD Committee under this section must be accompanied by a report prepared by the Minister that sets out—

   1. (a)

      in the case of an amendment—the reasons for the amendment; and

   2. (b)

      information about the consultation that was undertaken in the preparation of the charter or the amendment (as the case may be); and

   3. (c)

      any other material considered relevant by the Minister; and

1. (7)

   An assessment panel acting under this clause may—

   1. (a)

      adopt any findings or determinations of a council development assessment panel under the repealed Act that may be relevant to an application made before the relevant day under the repealed Act; and

   2. (b)

      adopt or make any decision (including a decision in the nature of a determination), direction or order in relation to an application made before the relevant day under the repealed Act; and

   3. (c)

      deal with any matter that is subject to a reserved decision under the repealed Act before the relevant day; and

   4. (d)

      deal with any requirement or grant any variation imposed or proposed in connection with an application made before the relevant day under the repealed Act; and

   5. (e)

      deal with any requirement or grant any variation imposed or proposed in connection with an application made before the relevant day under the repealed Act.

2. (8)

   In this clause—

relevant day, in relation to an assessment panel, means the day on which the assessment panel is appointed or constituted under this clause.

13—Regional assessment panels

1. (1)

   On and after the designated day, the Minister may constitute a regional assessment panel under this Act—

   1. (a)

      as the successor of a regional development assessment panel constituted under the repealed Act; or

   2. (b)

      in response to a request by 2 or more councils to constitute a regional assessment panel in relation to their combined areas.

2. (2)

   If the Minister acts under subclause (1)—

   1. (a)

      section 84 of this Act, insofar as it relates to regional assessment panels, other than section 84(1)(c)(ii), will apply for the purposes of the repealed Act as if it formed part of the repealed Act; and

   2. (b)

      a reference in the repealed Act to a regional development assessment panel will be taken to be a reference to the regional assessment panel under this clause.

3. (3)

   In connection with the operation of the preceding subclauses, section 85 of this Act will extend to a matter that a regional assessment panel under this clause must assess under the repealed Act.

4. (4)

   Without limiting any provision made under Schedule 5, the regulations under this Act may make provision with respect to the practices or procedures of regional assessment panels acting under this clause for the purposes of the repealed Act.

5. (5)

   A regional assessment panel acting under this clause may—

   1. (a)

      adopt any findings or determinations of a council development assessment panel or a regional development assessment panel under the repealed Act that may be relevant to an application made before the relevant day under the repealed Act; and

   2. (b)

      adopt or make any decision (including a decision in the nature of a determination), direction or order in relation to an application made before the relevant day under the repealed Act; and

   3. (c)

      deal with any matter that is subject to a reserved decision under the repealed Act before the relevant day; and

   4. (d)

      deal with any requirement or grant any variation imposed or proposed in connection with an application made before the relevant day under the repealed Act; and

   5. (e)

      deal with any requirement or grant any variation imposed or proposed in connection with an application made before the relevant day under the repealed Act.

6. (6)

   In this clause—

relevant day, in relation to a regional assessment panel, means the day on which the regional assessment panel is constituted under this clause.

14—Assessment managers

1. (1)

   Each assessment panel acting under this Part must have an assessment manager appointed under section 87 of this Act (and insofar as that section is relevant to the operations of an assessment panel, the section will be taken to apply, on and from the designated day, for the purposes of the repealed Act as if it formed part of that Act).

2. (2)

   An assessment manager may, from the designated day, act as a delegate of a council or other relevant authority for the purposes of the repealed Act (including for the purposes of section 34(23)(b) of the repealed Act).

15—References

1. (1)

   On and after the designated day, a reference in any Act, statutory instrument or other instrument or document to a relevant entity under the repealed Act will, unless the context otherwise requires, be taken to be a reference to a relevant authority under this Act (including, if relevant, an assessment panel that has been constituted under this Part).

2. (2)

   For the purposes of subclause (1)—

   1. (a)

      the Governor may appoint different designated days in relation to different relevant entities under the repealed Act; and

   2. (b)

      in view of the operation of paragraph (a), may make 2 or more proclamations in relation to different relevant entities under the repealed Act at such times as the Governor thinks fit.

3. (3)

   In this clause—

relevant entity means—

1. (a)

   a council development assessment panel under the repealed Act; or

2. (b)

   a relevant authority under the repealed Act.

16—Accredited professionals

The requirement to be an accredited professional under Part 6 Division 1, 2 or 3 of this Act does not apply until the designated day.

17—Removal etc of private certifier

Section 96 of the repealed Act continues to apply to and in relation to an engagement entered into before the designated day despite the repeal of that section by this Act.

Part 6—Existing applications

18—Continuation of processes

1. (1)

   Except as otherwise provided by this Schedule, an application made to a relevant authority under section 39 of the repealed Act that has not been finally determined before the designated day may be continued and completed under the provisions of the repealed Act, except that the relevant authority for the purposes of the application will be, from the designated day, a relevant authority under this Act determined in accordance with a scheme prescribed by the regulations.

2. (2)

   A relevant authority under this Act acting under subclause (1) may—

   1. (a)

      adopt any findings or determinations of a relevant authority under the repealed Act that may be relevant to an application to which that subclause applies; and

   2. (b)

      adopt or make any decision (including a decision in the nature of a determination), direction or order in relation to an application to which that subclause applies; and

   3. (c)

      deal with any matter that is subject to a reserved decision under the repealed Act before the designated day; and

   4. (d)

      deal with any requirement or grant any variation imposed or proposed in connection with an application to which that subclause applies; and

   5. (e)

      take any other step or make any other determination authorised by the regulations, or that is reasonably necessary to promote or ensure a smooth transition on account of the transfer of functions, powers or duties under this clause.

3. (3)

   Nothing in subclause (1) or (2) limits or affects the operation of Part 5 of this Schedule to the extent that an assessment panel under this Act is already acting under the repealed Act by virtue of the operation of the provisions of that Part.

4. (4)

   A notice of a decision on an application to which this clause applies will be in the form that applies under section 126 of this Act rather than the form that applies under section 40 of the repealed Act.

5. (5)

   Despite subclauses (1) and (2), section 127 of this Act will apply in relation to an application to which this clause applies rather than section 42 of the repealed Act.

6. (6)

   A decision on an application to which this clause applies will, once given under the preceding subclauses, be taken to be a decision given under this Act (and this Act will apply in relation to the relevant development authorisation subject to any provision made by this Schedule).

7. (7)

   To avoid doubt, section 125 of this Act, insofar as it provides for a deemed consent notice or a deemed planning consent, does not apply in relation to an application to which this clause applies.

19—Appeals

To avoid doubt, a right of appeal under sections 38 and 86(1)(b) of the repealed Act may be exercised in relation to an application made to a relevant authority under section 39 of the repealed Act that has not been finally determined before the designated day even if the process under section 38 of the repealed Act had not been commenced (or completed) before the designated day.

20—Major development or projects

1. (1)

   The repealed Act will continue to apply to and in relation to a proposed development or project that is the subject of a declaration under section 46 of the repealed Act before the designated day (and that has not been the subject of a decision of the Governor under section 48 of the repealed Act before the designated day) except that section 48 of the repealed Act will, on and after the designated day, apply as if a reference to the Governor were a reference to the Minister.

2. (2)

   A decision of the Minister in relation to a development or project under subclause (1) that is made on or after the designated day will have effect as if it were a decision of the Minister under section 115 of this Act.

21—Crown and infrastructure development

1. (1)

   Except as otherwise provided by this Schedule, an application lodged under section 49 or 49A of the repealed Act that has not been finally determined before the designated day may be continued and completed under the provisions of the repealed Act.

2. (2)

   A decision on an application to which this clause applies will, once given under subclause (1), be taken to be a decision given under this Act (and this Act will apply in relation to the relevant development authorisation subject to any provision made by this Schedule).

3. (3)

   Section 131(29) of this Act does not apply to or in relation to a regulation made under section 131(28)(b) of this Act if the Governor, at the time the regulation is made, declares that the Governor is satisfied that the regulation is the same as, or substantially the same as, the regulation applying under section 49(19)(b) of the repealed Act immediately before the regulation under the repealed Act is revoked and substituted by the regulation under this Act.

22—Building work

1. (1)

   Subject to subclause (2), section 139 of this Act will extend to a development approval given before the designated day.

2. (2)

   Subclause (1) does not apply if a notice relating to the relevant building work has been served on the owner of the affected site under section 60 of the repealed Act before the designated day.

3. (3)

   In a case applying under subclause (2), section 60 of the repealed Act will continue to apply in such a case until the matter has been finally determined under the repealed Act.

4. (4)

   Section 140 of this Act will extend to building work in relation to which a development approval has been given before the designated day.

5. (5)

   To avoid doubt, nothing in this Act affects the operation of a notice given under section 61 of the repealed Act before the designated day or any right under section 62, 63 or 64 of the repealed Act insofar as those sections relate to any action commenced or completed before the relevant day.

Part 7—Development Plans relevant to assessments under this Act

23—Application of Part

This Part applies to and in relation to an application for planning consent made under this Act after the designated day if the provisions of a Development Plan are still relevant to the assessment of that application.

24—Complying development

If proposed development that is the subject of an application to which this Part applies is of a kind described as complying development under the Development Plan, the development will be taken to be classified as deemed-to-satisfy development under this Act.

25—Non-complying development

1. (1)

   If proposed development that is the subject of an application to which this Part applies is of a kind described as non-complying development under the Development Plan—

   1. (a)

      the development will be taken to be classified as restricted development; but

   2. (b)

      unless the proposed development is within the ambit of section 94(1) (other than paragraph (d) of section 94(1))—the relevant authority in relation to the development will be taken to be the assessment panel appointed by the council in respect of the area where the development is to be undertaken.

2. (2)

   In a case where an assessment panel is a relevant authority by virtue of the operation of subclause (1)(b)—

   1. (a)

      the assessment panel must comply with the practice direction published under section 109(1)(a) and the requirement of section 109(2)(a); and

   2. (b)

      any reference in section 110 to the State Planning Commission will be taken to include a reference to the assessment panel; and

   3. (c)

      the assessment panel must comply with any other practice direction published by the Commission in relation to the operation of this clause.

3. (3)

   This clause does not apply to or in relation to any proposed development that is classified or declared to be impact assessed development under Part 7 Division 2 Subdivision 4 of this Act.

4. (4)

   This clause expires on the designated day.

5. (5)

   An application being considered by an assessment panel under this clause on the designated day may be continued and completed by the State Planning Commission as a relevant authority on and after that date.

6. (6)

   The State Planning Commission acting under subclause (5) may—

   1. (a)

      adopt any findings or determinations of an assessment panel that may be relevant to an application to which that subclause applies; and

   2. (b)

      adopt or make any decision (including a decision in the nature of a determination), direction or order in relation to an application to which that subclause applies; and

   3. (c)

      deal with any matter that is subject to a reserved decision before the designated day; and

   4. (d)

      deal with any requirement or grant any variation imposed or proposed in connection with an application to which that subclause applies; and

   5. (e)

      take any other step or make any other determination authorised by the regulations, or that is reasonably necessary to promote or ensure a smooth transition on account of the transfer of functions, powers or duties under this clause.

26—Merit development

If proposed development that is the subject of an application to which this Part applies is merit development under the Development Plan, the development will be taken to be development to be assessed on its merit under this Act.

Part 8—Building activity and use

27—Classification and occupation of buildings

Part 11 Division 4 of this Act does not apply to or in relation to a building owned or occupied by the Crown (or an agency or instrumentality of the Crown), or to any building work carried out by the Crown (or by an agency, instrumentality, officer or employee of the Crown), before the designated day.

28—Swimming pool safety

1. (1)

   On the designated day—

   1. (a)

      section 71AA of the repealed Act is repealed by force of this section; and

   2. (b)

      section 156 of this Act will commence applying in relation to any swimming pool.

2. (2)

   On and from the designated day, to the extent that—

   1. (a)

      development under the repealed Act includes the construction or installation of, or other work associated with, a swimming pool or any swimming pool safety features; and

   2. (b)

      such development is still assessed under the repealed Act,

section 156 of this Act will, in applying under subclause (1)(b), be taken to form part of the repealed Act.

29—Fire safety

Section 157 of this Act does not apply to or in relation to a building owned or occupied by the Crown (or an agency or instrumentality of the Crown) immediately before the designated day (unless or until the building is no longer so owned or occupied).

Part 9—Infrastructure frameworks

Division 1—Pilot schemes may be authorised

30—General schemes

1. (1)

   This clause applies despite section 245(6).

2. (2)

   The Minister may, by notice in the Gazette, declare that a scheme described in the notice may be initiated under Part 13 Division 1 Subdivision 3 (although that Subdivision is not in operation at the time of the declaration).

3. (3)

   The Minister may only make a declaration under subclause (2) in relation to a scheme if—

   1. (a)

      the Minister is acting at the request of a person or body interested in the provision or delivery of infrastructure; and

   2. (b)

      the Minister considers that the scheme is suitable to act as a pilot scheme for the purposes of Part 13 Division 1 Subdivision 3.

4. (4)

   The Minister may, by further notice in the Gazette, vary a notice under subclause (2) in order to reflect changes to a scheme described in a notice (provided that the essential nature of the scheme is not changed).

5. (5)

   A declaration under subclause (2) has effect by force of this clause (and Part 13 Division 1 Subdivision 3 will operate for the purposes of the relevant scheme).

6. (6)

   If a declaration is made under subclause (2)—

   1. (a)

      the Minister must, within 6 sitting days after the declaration is made—

      1. (i)

         prepare a report on the making of the declaration, including in the report an outline of the scheme; and

      2. (ii)

         cause copies of the report to be laid before both Houses of Parliament; and

   2. (b)

      the Commission must, in preparing its report for the purposes of section 245(4), include a specific section in the report that relates to the scheme undertaken as a result of the declaration.

Division 2—Operation of schemes during transitional period

31—Operation of schemes during transitional period

1. (1)

   This clause applies in relation to—

   1. (a)

      a scheme in relation to the provision of infrastructure initiated under Part 13 Division 1 of this Act; or

   2. (b)

      a scheme initiated under Division 1 of this Part.

2. (2)

   This clause applies during the designated transitional period.

3. (3)

   To avoid doubt, during the designated transitional period, a reference in Part 13 of this Act to changes to the Planning and Design Code will be taken to include a reference to changes in a Development Plan under the repealed Act.

4. (4)

   In this clause—

designated transitional period means the period commencing on the commencement of this clause and expiring on the designated day.

Part 10—Land management agreements

32—Land management agreements

1. (1)

   A council must, in relation to any land management agreement to which the council is a party in force under Part 5 of the repealed Act immediately before the designated day, furnish a copy of that agreement to the Minister within the period of 3 months after the designated day.

2. (2)

   An agreement in force under Part 5 of the repealed Act immediately before the designated day will be taken to be an agreement under the corresponding provision of this Act (and will have the same force and effect as it had immediately before the designated day).

Part 11—Funds

33—Funds

1. (1)

   A carparking fund in existence under section 50A of the repealed Act immediately before the designated day will continue as a fund under section 197 of this Act.

2. (2)

   In connection with the operation of subclause (1)—

   1. (a)

      it is unnecessary for the fund to form part of a scheme established under section 197 of this Act; and

   2. (b)

      insofar as may be relevant, any provision made by a Development Plan under the repealed Act can continue to apply in relation to the fund.

3. (3)

   An urban trees fund in existence under section 50B of the repealed Act immediately before the designated day will continue as an urban trees fund under section 200 of this Act (and will apply in relation to the area for which it was established).

Part 12—Proceedings to gain a commercial competitive advantage

34—Proceedings to gain a commercial competitive advantage

A reference in section 207 of this Act to the Planning and Design Code, or to the amendment of the Planning and Design Code, will be taken to include a reference to a Development Plan under the repealed Act, or to the amendment of a Development Plan under the repealed Act (whether the amendment is effected under the repealed Act or this Act).

Part 13—Authorised officers

35—Authorised officers

A person who, immediately before the designated day, held an appointment as an authorised officer under the repealed Act will be taken to have been appointed as an authorised officer under section 210 of this Act (and will hold that office subject to the other provisions of this Act on the conditions that applied in relation to the authorised officer immediately before the designated day).

Part 14—Advisory committees

36—Advisory committees

A committee established under section 244 will be dissolved by force of this clause on 30 June 2019 (and no further committees need be established under that section after that date).

Part 15—Other matters

37—Proclamation of open space

A proclamation made under section 62 of the Planning Act 1982 (or made under section 61 of the Planning and Development Act 1966 or section 29 of the Town Planning Act 1929) will continue in force and effect as if the Planning Act 1982 had not been repealed (and that Act will be taken to continue to apply in relation to any such proclamation).

38—Metropolitan Adelaide

On and after the designated day, a reference in any Act or statutory instrument to Metropolitan Adelaide within the meaning of the Development Act 1993 will, unless the context otherwise requires, be taken to be a reference to Metropolitan Adelaide as defined by that Act immediately before the designated day.

39—References to applications and approvals

1. (1)

   On and after the designated day, a reference in any Act, statutory instrument or other document or instrument to an application under the repealed Act, or to any assessment, decision, permission, consent, approval, authorisation or certificate under the repealed Act, will, unless the context otherwise requires, be taken to include a reference to an application under this Act, or to any assessment, decision, permission, consent, approval, authorisation or certificate under this Act or an earlier Act (as the case requires).

2. (2)

   Without limiting subclause (1), on and after the designated day—

   1. (a)

      a reference in any Act, statutory instrument or other document or instrument to development plan consent (or provisional development plan consent) under the repealed Act will, unless the context otherwise requires, be taken to include a reference to planning consent under this Act or a corresponding consent or approval under an earlier Act (other than the Building Act 1971); and

   2. (b)

      a reference in any Act, statutory instrument or other document or instrument to building rules consent (or provisional building rules consent) under the repealed Act will, unless the context otherwise requires, be taken to include a reference to building consent under this Act or a corresponding approval under the Building Act 1971.

3. (3)

   On and after the designated day, a reference in any Act, statutory instrument or other document to a certificate under section 138 of this Act will, unless the context otherwise requires, be taken to include a reference to a certificate under section 51 of the Development Act 1993 (and vice versa).

40—Conditions

A condition attached to, or applying in relation to, a decision under the repealed Act or an earlier Act will remain in force as if granted under this Act (and will be binding and enforceable as if granted under this Act and may be varied or revoked in accordance with the provisions of this Act).

41—General saving provision

Subject to the specific provisions of this Schedule (and to any regulations made under this Schedule), the repeal of a provision of the repealed Act (or the repeal of a provision of an earlier Act) does not affect any rights that accrued under the provision so repealed, the validity of any decision or authorisation made or granted under the provision so repealed, or any notice or order given or made under the provision so repealed.

42—General provisions apply

The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or any other provision of this Act or regulations made under this Act), apply to the repeal of any provision of the repealed Act (or to the repeal of any provision of an earlier Act).

43—Regulations

1. (1)

   The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.

2. (2)

   A provision made by a regulation under subclause (1) may, if the regulations so provide, take effect from the commencement of this Act or from a later day.

3. (3)

   To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the publication of the regulation in the Gazette, the provision does not operate to the disadvantage of a person by—

   1. (a)

      decreasing the person's rights; or

   2. (b)

      imposing liabilities on the person.

Legislative history

Notes

• •

  This version is comprised of the following:

Part 1	1.7.2019
Part 2	1.7.2019
Part 3	1.7.2019
Part 4	1.7.2019
Part 5	1.7.2019
Part 6	20.9.2021
Part 7	1.7.2019
Part 8	1.7.2019
Part 9	1.7.2019
Part 10	1.7.2019
Part 11	1.7.2019
Part 12	11.7.2024
Part 13	1.7.2019
Part 14	1.7.2019
Part 15	1.7.2019
Part 16	1.7.2019
Part 17	1.7.2019
Part 18	1.7.2019
Part 19	1.7.2019
Part 20	1.7.2019
Schedules	19.3.2021

• •

  In this version provisions that are uncommenced appear in italics.

• •

  Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• •

  Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or Act and amendments

  New entries appear in bold.

  Year	No	Title	Assent	Commencement
  2016	14	Planning, Development and Infrastructure Act 2016	21.4.2016	1.4.2017 (Gazette 28.3.2017 p957) except ss 58 to 62, 70 to 74, 77, 82 to 87, Sch 8 (cll 12 to 16)—1.8.2017 (Gazette 1.8.2017 p3037) and except ss 11 & 63—1.2.2019 (Gazette 31.1.2019 p371) and except s 88—1.4.2019 (Gazette 7.2.2019 p415) and except ss 4, 49, 50, 51(1)(b) & (c), 53, 64 to 66, 67(1) to (3), 68, 69, 75, 76, 78 to 81, 89 to 100, Pts 7 to 12, 14 to 19, ss 232, 234, 235, 237, 239, 240, Sch 6 (cll 1, 17, 18, 24), Sch 8 (cll 4, 21(3), 22, 27 to 29, 32(1), 35, 37 to 40)—1.7.2019 (Gazette 27.6.2019 p2320) and except Sch 6 (cl 19) & Sch 8 (cll 32(2), 33 & 34)—31.7.2020 (Gazette 18.6.2020 p3390) and except Sch 6 (Pts 2 to 4 & 9) & Sch 8 (cl 17)—19.3.2021 (Gazette 4.3.2021 p822) and except ss 67(4), (5) & 164, Sch 6 (cl 20 & Pt 7), Sch 8 (cll 10, 11, 18 to 20, 21(1), (2) & 23 to 26)—uncommenced
  2017	5	Statutes Amendment (Planning, Development and Infrastructure) Act 2017	28.2.2017	Pt 2 (s 10)—1.4.2017 immediately after 14/2016 (Gazette 28.3.2017 p960); Pt 2 (ss 4—9)—1.8.2017 immediately after commencement of s 58 of 14/2016 (Gazette 1.8.2017 p3038)
  2017	58	Planning, Development and Infrastructure (State Planning Policy) (Biodiversity) Amendment Act 2017	12.12.2017	12.12.2017
  2020	5	Planning, Development and Infrastructure (Commencement of Code) Amendment Act 2020	2.4.2020	2.4.2020
  2021	26	Statutes Amendment (Local Government Review) Act 2021	17.6.2021	Pt 8 (ss 200 & 201)—20.9.2021 (Gazette 16.9.2021 p3548)
  2023	37	Hydrogen and Renewable Energy Act 2023	23.11.2023	Sch 1 (cll 13 to 15)—11.7.2024 (Gazette 11.7.2024 p2114)

  Provisions amended

  New entries appear in bold.

  Provision	How varied	Commencement
  Pt 5
  s 58
  s 58(1)	amended by 5/2017 s 4(1)	1.8.2017
  s 58(3)	amended by 5/2017 s 4(2), (3)	1.8.2017
  s 59
  s 59(1)	amended by 5/2017 s 5	1.8.2017
  s 60	amended by 5/2017 s 6	1.8.2017
  s 62A	inserted by 58/2017 s 3	12.12.2017
  s 63
  s 63(1)	amended by 5/2017 s 7(1), (2)	1.8.2017
  s 63(2)	amended by 5/2017 s 7(3)	1.8.2017
  s 63(3)	amended by 5/2017 s 7(4)	1.8.2017
  s 63(4)	(a) deleted by 5/2017 s 7(5)	1.8.2017
  s 73
  s 73(1)	amended by 5/2017 s 8(1)	1.8.2017
  s 73(2)	amended by 5/2017 s 8(2)	1.8.2017
  s 78
  s 78(1)	amended by 5/2017 s 9	1.8.2017
  Pt 6
  s 83
  s 83(2a)	inserted by 26/2021 s 200	20.9.2021
  s 84
  s 84(1a)	inserted by 26/2021 s 201	20.9.2021
  Pt 12	heading amended by 37/2023 Sch 1 cl 13	11.7.2024
  s 160	heading amended by 37/2023 Sch 1 cl 14(1)	11.7.2024
  s 160(1)
  appropriate authority	amended by 37/2023 Sch 1 cl 14(2)	11.7.2024
  designated matter	designated mining matter amended to read designated matter by 37/2023 Sch 1 cl 14(3)	11.7.2024
  amended by 37/2023 Sch 1 cl 14(4)	11.7.2024
  relevant licence	inserted by 37/2023 Sch 1 cl 14(5)	11.7.2024
  s 160(2)	amended by 37/2023 Sch 1 cl 14(6)	11.7.2024
  s 160(3)	amended by 37/2023 Sch 1 cl 14(7), (8)	11.7.2024
  s 160(4)	amended by 37/2023 Sch 1 cl 14(9)	11.7.2024
  s 160(5)	amended by 37/2023 Sch 1 cl 14(10), (11)	11.7.2024
  s 160(7)	amended by 37/2023 Sch 1 cl 14(12)	11.7.2024
  s 161
  s 161(1)	substituted by 37/2023 Sch 1 cl 15(1)	11.7.2024
  s 161(2)	amended by 37/2023 Sch 1 cl 15(2)	11.7.2024
  s 161(3)	amended by 37/2023 Sch 1 cl 15(3)	11.7.2024
  s 161(3a)	inserted by 37/2023 Sch 1 cl 15(4)	11.7.2024
  s 161(5)	amended by 37/2023 Sch 1 cl 15(5)	11.7.2024
  s 161(6)	inserted by 37/2023 Sch 1 cl 15(6)	11.7.2024
  Sch 7	expired: Sch 7 cl 1(3)—omitted under Legislation Revision and Publication Act 2002	(1.4.2019)
  Sch 8	inserted by 5/2017 s 10	1.4.2017 except cll 12—16—1.8.2017 and except cll 4, 21(3), 22, 27—29, 32(1), 35, 37—40—1.7.2019 and except cll 32(2), 33 & 34—31.7.2020 and except cl 17—19.3.2021 and except cll 10, 11, 18—20, 21(1) & (2), 23—26—uncommenced
  cl 9
  cl 9(1)	amended by 5/2020 s 3(1)	2.4.2020
  cl 9(2)	amended by 5/2020 s 3(2)	2.4.2020
  cl 9(6)	amended by 5/2020 s 3(3)	2.4.2020
  cl 25	will expire: cl 25(4)
  cl 25(4)	amended by 5/2020 s 3(4)	2.4.2020
  cl 25(5)	amended by 5/2020 s 3(5)	2.4.2020
  cl 25(6)	amended by 5/2020 s 3(6)	2.4.2020
  cl 31
  cl 31(4)	amended by 5/2020 s 3(7)	2.4.2020

  Historical versions

  1.4.2017

  1.8.2017

  12.12.2017

  1.2.2019

  1.4.2019

  1.7.2019

  2.4.2020

  31.7.2020

  19.3.2021

  20.9.2021