South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Character Preservation (McLaren Vale)
Bill 2011
A BILL FOR
An Act to provide measures to protect and enhance the special character of
the McLaren Vale region; to make related amendments to the Development
Act 1993; and for other purposes.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Interpretation
4Interaction with other
Acts
Part 2—Objects of Act and statutory
objectives
5Objects
6Objectives
7Administration of Acts to achieve objects and
objectives
8Review of Development Plans
Part 3—Special provisions relating to
district
9Interaction of Part with other Acts
10Major
project provisions not to apply
11Limitations on land division in
district
Part 4—Miscellaneous
12Power to
require information
13Review of
Act
14Regulations
Schedule 1—District
objectives
section 6(1)
2General
district objectives
3Built form objectives
4Primary
industry objectives
5Recreation, tourism and
hospitality objectives
Schedule 2—Township
objectives
section 6(2)
Part 1—Preliminary
1Amendment
provisions
Part 2—Amendment of
Development Act 1993
2Amendment of section
4—Interpretation
3Amendment of section 22—The Planning
Strategy
4Amendment of section 24—Council or
Minister may amend a Development Plan
5Amendment of section
34—Determination of relevant authority
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Character Preservation (McLaren Vale)
Act 2011.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention appears—
development authorisation has the same meaning as in the
Development
Act 1993;
district means the area defined as the McLaren Vale district
by the plan deposited in the General Registry Office at Adelaide and numbered
GP 33 of 2011 (being the plan as it exists on the prescribed day) but
does not include the areas marked as townships on the deposited plan;
district objectives—see
section 6;
industrial development includes development for the purposes
of constructing or extending any infrastructure, equipment, structures, works
and other facilities used in or in connection with industry, but does not
include public infrastructure within the meaning of section 49 of the Development
Act 1993;
prescribed day means the day on which this Act was introduced
into the House of Assembly;
relevant authority, in relation to a proposed development,
means the body determined to be the relevant authority under the
Development
Act 1993 or a provision of this Act for the purpose of an
application made under the Development
Act 1993 in relation to the proposed development;
residential development means development of dwellings to be
used primarily for residential purposes but does not include 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;
township means an area marked as a township in the plan
deposited in the General Registry Office at Adelaide and numbered GP 33
of 2011 (being the plan as it exists on the prescribed day);
township objectives—see
section 6.
(2) A reference in this Act to the special character of the
district is a reference to the identity of the district, having regard to its
land use configuration (including agriculture, viticulture and other primary
industries), physical characteristics, environmental and heritage values and its
identity as a recreation, tourism and hospitality destination.
(1) 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.
(2) For the purposes of the Development
Act 1993, this Act is a character preservation law.
Part 2—Objects
of Act and statutory objectives
The objects of this Act are—
(a) to ensure that reasonable and practicable measures are taken to
protect the district in recognition of its importance to the South Australian
community and its unique value from environmental, economic and social
perspectives; and
(b) to ensure that decisions taken under Acts are consistent with the
protection of the special character of the district while at the same time
providing for the economic, social and physical well being of the community;
and
(c) to ensure that activities that are unacceptable in view of their
adverse effects on the special character of the district are prevented from
proceeding; and
(d) to ensure that future development of the townships does not detract
from the special character of the district; and
(e) otherwise to ensure the preservation of the special character, and to
recognise the importance, of the district.
(1) The objectives set
out in
Schedule 1 will
apply in connection with the operation of this Act and will be collectively
known as the district objectives.
(2) The objectives set
out in
Schedule 2 will
apply in connection with the operation of this Act and will be collectively
known as the township objectives.
7—Administration
of Acts to achieve objects and objectives
(1) A person or body involved in the administration of an Act must, in
exercising powers and functions in relation to the district, act consistently
with and seek to further—
(a) the objects of this Act; and
(b) the district objectives.
(2) A person or body involved in the administration of an Act must, in
exercising powers and functions in relation to a township, act consistently
with, and seek to further—
(a) the objects of this Act; and
(b) the township objectives.
(1) The Minister responsible for the administration of the Development
Act 1993 must ensure that any Development Plan under that Act that
relates to the district or a township, or part of the district or a township, is
reviewed within 6 months after the commencement of this section for the
purpose of determining whether any amendments should be made to the Development
Plans to promote the objects of this Act, the district objectives and the
township objectives.
(2) After the commencement of this section—
(a) Development Plans under the Development
Act 1993 are to be read and construed so as to be consistent with
the objects of this Act, the district objectives and the township objectives;
and
(b) any provisions of those Plans that are inconsistent with those objects
and objectives are to be disregarded to the extent of the
inconsistency.
Part 3—Special
provisions relating to district
9—Interaction
of Part with other Acts
This Part has effect despite the provisions of any other Act.
10—Major
project provisions not to apply
Part 4 Division 2 of the Development
Act 1993 does not apply in relation to developments or projects in
the district.
11—Limitations
on land division in district
(1) This section applies to a proposed development in the district that
involves the division of land under the Development
Act 1993.
(2) The Development
Assessment Commission is the relevant authority for the purpose of an
application made under the Development
Act 1993 after the commencement of this section in relation to a
proposed development to which this section applies.
(3) If a proposed
development to which this section applies will create additional allotments to
be used, wholly or partly, for—
(a) residential
development; or
(b) industrial
development that would be detrimental to the special character of the district
or is otherwise inconsistent with the district objectives,
the relevant authority must refuse to grant development authorisation in
relation to the proposed development (if the application for the development
authorisation was made after the commencement of this section).
(4) If the relevant authority determines an application in respect of a
development authorisation on the basis of
subsection (3),
the relevant authority must notify the applicant of that fact.
(5) A development authorisation granted in relation to a proposed
development to which this section applies will be taken to be subject to the
condition that the additional allotments created will not be used for
development of a kind specified in
subsection (3)(a) or
(b) (if the application
for the development authorisation was made after the commencement of this
section).
12—Power
to require information
(1) A person or body involved in the administration of an Act (the
relevant Act) may, by notice in writing to—
(a) an applicant for a statutory authorisation under the relevant Act that
relates to, or would otherwise affect, the district; or
(b) a government or local government authority,
request that specified information be provided to the person or body to
enable the person or body to consider any matter relevant to the obligations
imposed on the person or body under this Act (and the applicant or authority of
whom the request is made must not, without reasonable excuse, fail to comply
with a request under this section).
(2) In this section—
statutory authorisation means an approval, consent, licence,
permit or other authorisation granted or required under an Act.
(1) The Minister must, within 5 years after the commencement of this
Act, undertake a review of this Act.
(2) The review must include an assessment of the state of the district,
especially taking into account the objects of this Act, the district objectives
and the township objectives and may include other matters determined by the
Minister to be relevant to a review of this Act.
(3) The Minister must cause a report on the outcome of the review to be
tabled in both Houses of Parliament within 12 sitting days after its
completion.
(1) The Governor may
make such regulations as are contemplated by, or necessary or expedient for the
purposes of, this Act.
(2) Without limiting the generality of
subsection (1),
those regulations may—
(a) prohibit or
restrict the undertaking of a specified activity, or an activity of a specified
class, in the district, or in a specified part of the district (despite any
other Act or law); and
(b) provide that a
person undertaking a specified activity, or an activity of a specified class, or
proposing to undertake a specified activity, or an activity of a specified
class, in the district, or in a specified part of the district, comply with any
prescribed requirement or condition (despite any other Act or law);
and
(c) prescribe fines, not exceeding $10 000, for offences against the
regulations.
(3) The regulations may—
(a) be of general application or vary in their application according to
prescribed factors;
(b) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister or any
other person or body.
Schedule 1—District
objectives
1—Objectives—
section 6(1)
For the purposes of
section 6(1), the
district objectives are—
(a) the general district objectives; and
(b) the built form objectives; and
(c) the primary industry objectives; and
(d) the recreation, tourism and hospitality objectives,
as specified in this Schedule.
(1) The
general district objectives are—
(a) the special
character of the district will be protected and enhanced;
(b) the landform and land use characteristics of the district will be
promoted and carefully managed (consistently with
paragraph (a));
(c) the rural visual amenity of the district and its containment by the
southern Mount Lofty Ranges will be maintained;
(d) the heritage, character and cultural values of the district will
inform land use management decisions in order to protect and enhance the
district’s amenity and identity as a working landscape containing a
variety of uses;
(e) any change of
land use that will be detrimental to the special character of the district will
not be permitted;
(f) any change of
land use that has the potential (either on its own or in combination with other
existing or proposed land uses in the area) to be detrimental to the special
character of the district will be strongly discouraged;
(g) development in the district should be sustainable and should protect
and enhance the high value environmental attributes of the district;
(h) the impact of potential pollutants within the district will be
minimised;
(i) food security issues will be taken into account in relation to
activities in the district;
(j) bureaucratic barriers to developments and activities that will enhance
the special character of the district will be minimised and such developments
and activities facilitated in appropriate locations;
(k) community engagement will instil a sense of ownership of the special
character of the district.
(2) For the purposes of
subclause (1)(e)
and
(f), land uses that
will be detrimental, or have the potential to be detrimental, to the special
character of the district will be taken to include (without
limitation):
(a) residential development;
(b) large scale retail development (other than development of a kind
referred to in
clause 5(c))
(c) fast food franchises;
(d) hobby-farming.
(3) In relation to proposed residential development on any land in the
district, the existence of a separate title to that land is not, of itself, a
relevant consideration in determining whether the land should be the subject of
residential development.
The built form objectives are—
(a) the built form of developments in the district should not be
detrimental to the special character of the district;
(b) developments with a built form that may be detrimental to the special
character of the district will be strongly discouraged.
The primary industry objectives are—
(a) sustainable primary and related economic production systems will be
supported within an integrated regional landscape;
(b) there is to be a positive operating environment which encourages
innovation;
(c) primary industry activities in the district should not be unreasonably
hampered by their proximity to residential areas;
(d) primary industries in the district are to be able to scale up or down
in an agricultural land market in accordance with the general district
objectives;
(e) primary industry activities that will enhance the special character of
the district will be facilitated in appropriate locations.
5—Recreation,
tourism and hospitality objectives
The recreation, tourism and hospitality objectives
are—
(a) the factors within the district that constitute, or contribute to, the
visitor amenity, appeal and experience of the district as a recreation, tourism
and hospitality destination are to be protected and enhanced;
(b) the provision of appropriate support infrastructure for recreation,
tourism and hospitality will be encouraged in accordance with the general
district objectives;
(c) recreation,
tourism and hospitality related developments and activities (such as
accommodation, restaurants, attractions and specialty retail) that will enhance
the special character of the district will be facilitated in appropriate
locations.
Schedule 2—Township
objectives
1—Objectives—
section 6(2)
(1) For the
purposes of
section 6(2), the
township objectives are—
(a) the townships should not detract from the special character of the
district;
(b) the heritage, character and cultural values of the townships and the
district will inform land use management decisions in order to protect and
enhance the district’s amenity and identity as a working landscape
containing a variety of uses;
(c) any change of
land use in townships that will be detrimental to the special character of the
district will not be permitted;
(d) any change of
land use in townships that has the potential (either on its own or in
combination with other existing or proposed land uses in the area) to be
detrimental to the special character of the district will be strongly
discouraged;
(e) the impact on the district of potential pollutants emanating from
townships will be minimised;
(f) bureaucratic barriers to developments and activities in townships that
will enhance the special character of the district will be minimised and such
developments and activities facilitated in appropriate locations;
(g) the built form of developments in the townships must not be
detrimental to the special character of the district (but may include
appropriate high density residential development);
(h) the factors within townships that constitute, or contribute to, the
visitor amenity, appeal and experience of the district as a recreation, tourism
and hospitality destination are to be protected and enhanced;
(i) the provision of appropriate support infrastructure for recreation,
tourism and hospitality will be encouraged in accordance with the other
provisions of these objectives;
(j) recreation,
tourism and hospitality related developments and activities (such as
accommodation, restaurants, attractions and specialty retail) that will enhance
the special character of the district will be facilitated in appropriate
locations.
(2) For the purposes of
subclause (1)(c)
and
(d), land uses in
townships that will be detrimental, or have the potential to be detrimental, to
the special character of the district will be taken to include (without
limitation):
(a) large scale retail development (other than development of a kind
referred to in
subclause (1)(j))
(b) fast food franchises.
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Development
Act 1993
2—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of business day
insert:
character preservation law means an Act that specifies that
it is a character preservation law for the purposes of this Act;
3—Amendment
of section 22—The Planning Strategy
Section 22(3a)—after paragraph (c) insert:
and
(ca) the objects, district objectives and township objectives under a
character preservation law,
4—Amendment
of section 24—Council or Minister may amend a Development
Plan
(1) Section 24(1)—after paragraph (fba) insert:
(fbb) where the purpose of the amendment is to promote the objects,
district objectives or township objectives under a character preservation
law—by the Minister; or
(2) Section 24(3)—after paragraph (c) insert:
or
(d) relates to any part of the district or a township, within the meaning
of a character preservation law—the Minister must consult with and have
regard to the views of the Minister responsible for the administration of the
character preservation law.
5—Amendment
of section 34—Determination of relevant authority
Section 34(1)(b)—after subparagraph (ix) insert:
or
(x) the Minister, acting at the request of the Minister responsible for
the administration of a character preservation law, declares, by notice in
writing served personally or by post on the proponent, that the Development
Assessment Commission should act as the relevant authority in relation to the
proposed development in substitution for the council or the regional development
assessment panel (as the case may be) because, in the opinion of the Minister
making the request, the proposed development may have a significant impact on an
aspect of the district or a township within the meaning of the relevant
character preservation law,