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

South Australia

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

under the Planning, Development and Infrastructure Act 2016

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Planning, Development and Infrastructure (General) Regulations 2017

4            Insertion of regulations 11A and 11B

11A         Mutual liability scheme—notices of appointment of assessment panel members

11B         Mutual liability scheme—rights of indemnity

Part 1—Preliminary

1—Short title

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

2—Commencement

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

3—Variation provisions

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

Part 2—Variation of Planning, Development and Infrastructure (General) Regulations 2017

4—Insertion of regulations 11A and 11B

After regulation 11 insert:

11A—Mutual liability scheme—notices of appointment of assessment panel members

(1)A designated authority appointing or reappointing a person as a member of an assessment panel under section 83 of the Act must complete a notice of appointment relating to the member.

(2)A person appointed or reappointed as a member of an assessment panel under section 83 of the Act must, before commencing a term as a member of the panel, sign a notice of appointment provided to the person by the designated authority and return it to the designated authority.

(3)An entity appointing or reappointing a person as a member of a regional assessment panel under section 84 of the Act (a relevant entity) must complete a notice of appointment relating to the member.

(4)A person appointed or reappointed as a member of a regional assessment panel under section 84 of the Act must, before commencing a term as a member of the panel, sign a notice of appointment provided to the person by the relevant entity and return it to the relevant entity.

(5)A notice of appointment will be in a form determined by the Chief Executive and published on the SA planning portal.

11B—Mutual liability scheme—rights of indemnity

(1)—

(a)a designated authority, in being responsible under section 83(1)(h)(ii) of the Act for the costs and other liabilities associated with the activities of an assessment panel appointed by the designated authority; and

(b)a council, in being responsible for the costs associated with the activities of a regional assessment panel in accordance with a scheme set out in a notice under section 84(1)(a) and (i) of the Act,

must have arrangements in place to indemnify the members of any such panel in respect of a claim against a member of the panel arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the Act in their role as a member of the panel.

(2)Membership of the mutual liability scheme constitutes compliance with the requirement under subregulation (1).

(3)A member of an assessment panel of a kind referred to in subregulation (1) has a right of indemnity against a council or joint planning board (as the case may be) in respect of any claim against the member arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the Act in their role as a member of the panel.

(4)The right of indemnity under subregulation (3) in respect of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of functions, powers or duties by a member of a regional assessment panel relating to a proposed development lies against the council for the area in which the proposed development is to be undertaken.

(5)—

(a)a designated authority, in being responsible under section 87(f) of the Act for the costs and other liabilities associated with the activities of an assessment manager for an assessment panel appointed by the designated authority; and

(b)a council, in being responsible for the costs associated with the activities of a regional assessment panel in accordance with a scheme set out in a notice under section 84(1)(a) and (i) of the Act,

must have arrangements in place to indemnify an assessment manager for any such panel in respect of a claim against the assessment manager arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the Act in their role as an assessment manager.

(6)Membership of the mutual liability scheme constitutes compliance with the requirement under subregulation (5).

(7)An assessment manager referred to in subregulation (5) has a right of indemnity against a council or joint planning board (as the case may be) in respect of any claim against the assessment manager arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the Act in their role as the assessment manager.

(8)The right of indemnity under subregulation (7) in respect of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of functions, powers or duties by an assessment manager for a regional assessment panel relating to a proposed development lies against the council for the area in which the proposed development is to be undertaken.

(9)In this regulation—

mutual liability scheme means the Local Government Association Mutual Liability Scheme conducted and managed by the LGA under Schedule 1 of the Local Government Act 1999.

Note—

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

Made by the Governor

with the advice and consent of the Executive Council

on 2 July 2020

No 230 of 2020