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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Planning, Development and
Infrastructure) Bill 2016
A BILL FOR
An Act to provide for the implementation of the
Planning,
Development and Infrastructure Act 2016
by the amendment of certain legislation and the enactment of transitional
provisions; and for other purposes.
Contents
Part 2—Amendment of Planning,
Development and Infrastructure Act 2016
4Amendment of section 58—Preparation of
state planning policies
5Amendment of section 59—Design quality
policy
6Amendment of section 60—Integrated
planning policy
7Amendment of section 63—Special
legislative schemes
8Amendment of section 73—Preparation and
amendment
9Amendment of section 78—Early
commencement
Schedule 8—Transitional
provisions
Part 2—Definitions and change of
use
Part 3—Commission
and preliminary structural reforms
6Commission
authorised to assume functions under the repealed Act
Division 3—Preserving existing
authorisations and rights
8Preserving existing
authorisations and rights
12General transitional scheme for
panels
17Removal etc of
private certifier
20Major development
or projects
21Crown and
infrastructure development
Part 7—Development Plans
relevant to assessments under this Act
Part 8—Building activity and
use
27Classification
and occupation of buildings
Part 9—Infrastructure
frameworks
Division 1—Pilot
schemes may be authorised
Division 2—Operation of schemes
during transitional period
31Operation of
schemes during transitional period
Part 10—Land management
agreements
Part 12—Proceedings to gain a
commercial competitive advantage
34Proceedings to
gain a commercial competitive advantage
39References to
applications and approvals
Part 3—Amendment of Adelaide Oval
Redevelopment and Management Act 2011
11Amendment of section
3—Interpretation
12Amendment of section 7—Licence to
Minister
13Amendment of section 10—Development
assessment
14Amendment of section 11—Interaction with
other Acts
Part 4—Amendment of Adelaide Park
Lands Act 2005
15Amendment of section
3—Interpretation
Part 5—Amendment of Aquaculture
Act 2001
16Amendment of section 7—Interaction with
other Acts
17Amendment of section 12—Procedures for
making policies
Part 6—Amendment of City of Adelaide
Act 1998
18Amendment of section 30—Strategic
plans
Part 7—Amendment of Commissioner for
Kangaroo Island Act 2014
19Amendment of section
3—Interpretation
Part 8—Amendment of Community Titles
Act 1996
20Amendment of section
3—Interpretation
21Amendment of section
14—Application
22Amendment of section 30—Scheme
description
23Amendment of section 47—Development
contracts
24Amendment of section 52—Application for
amendment
25Amendment of section 54—Amendment of
plan
26Amendment of section 58—Amendment of
plan pursuant to development contract
Part 9—Amendment of Criminal Law
Consolidation Act 1935
27Amendment of section
5—Interpretation
28Amendment of section
145—Interpretation
29Amendment of section
237—Definitions
Part 10—Amendment of Environment
Protection Act 1993
30Amendment of section
3—Interpretation
31Amendment of section 27—Nature and
contents of environment protection policies
32Amendment of section 35—Requirement for
works approval
34Amendment of section 42—Time limit for
determination of applications
35Amendment of section 47—Criteria for
grant and conditions of environmental authorisations
37Amendment of section 64—Certain matters
to be referred to Water Resources Minister
38Amendment of section 103D—Causing site
contamination
39Amendment of section 109—Public
register
40Amendment of Schedule 1—Prescribed
activities of environmental significance
Part 11—Amendment of Fire and
Emergency Services Act 2005
41Amendment of section 37—Rectification
where safeguards inadequate
42Amendment of section 38—Closure
orders
43Amendment of section 71—State Bushfire
Coordination Committee
Part 12—Amendment of Fisheries
Management Act 2007
44Amendment of section 43—General nature
and content of management plans
Part 13—Amendment of Freedom of
Information Act 1991
45Amendment of section
4—Interpretation
Part 14—Amendment of Highways
Act 1926
46Amendment of section 20—General powers
of Commissioner
Part 15—Amendment of Liquor
Licensing Act 1997
47Amendment of section 106—Complaint
about noise etc emanating from licensed premises
Part 16—Amendment of Local
Government Act 1999
48Amendment of section 90—Meetings to be
held in public except in exceptional circumstances
49Amendment of section 122—Strategic
management plans
50Amendment of section 219—Power to
assign a name, or change the name, of a road or public place
51Amendment of section 245A—Council may
require bond or other security in certain circumstances
52Amendment of Schedule 8—Provisions
relating to specific land
Part 17—Amendment of Local Nuisance
and Litter Control Act 2016
53Amendment of Schedule 1—Meaning of
local nuisance (section 17)
Part 18—Amendment of Marine Parks
Act 2007
54Amendment of section 10—Establishment
of marine parks
55Amendment of section 13—General nature
and content of management plans
Part 19—Amendment of National Parks
and Wildlife Act 1972
56Amendment of section 38—Management
plans
Part 20—Amendment of Native
Vegetation Act 1991
57Amendment of section 4—Application of
Act
58Amendment of section 14—Functions of
Council
59Amendment of section 29—Provisions
relating to consent
Part 21—Amendment of Natural
Resources Management Act 2004
60Amendment of section
3—Interpretation
61Amendment of section 29—Functions of
boards
62Amendment of section 75—Regional NRM
plans
63Amendment of section 76—Preparation of
water allocation plans
64Amendment of section 129—Activities not
requiring a permit
65Amendment of Schedule 1—Provisions
relating to regional NRM boards and NRM groups
Part 22—Amendment of Ombudsman
Act 1972
66Amendment of section
3—Interpretation
Part 23—Amendment of Real Property
Act 1886
67Amendment of section 90B—Variation and
extinguishment of easements
68Amendment of section 154B—Effect of
priority notices
69Amendment of section
223LA—Interpretation
70Amendment of section 223LD—Application
for division
Part 24—Amendment of River Murray
Act 2003
71Amendment of section 5—Interaction with
other Acts
72Amendment of section
42—Regulations
Part 25—Amendment of Roads (Opening
and Closing) Act 1991
73Amendment of section
3—Interpretation
6ASpecial powers
to open or close roads in cases involving major developments
75Amendment of section 16—Criteria in
relation to road process orders
76Amendment of section 33—Acquisition of
additional land under Land Acquisition Act
78Amendment of section 34B—Road process
proposal may be included in a major development proposal
79Amendment of section 34C—Minister may
give effect to road process proposal
80Amendment of section 34D—Dealings in
land after commencement of process under this Part
81Amendment of section 34E—Modification
or exclusion of certain parts of Act
82Amendment of section 42—Interaction
with Real Property Act 1886 and planning legislation
Part 26—Amendment of Strata Titles
Act 1998
83Amendment of section
3—Interpretation
84Amendment of section 12—Application for
amendment
Part 27—Amendment of Valuation of
Land Act 1971
85Amendment of section 22B—Heritage
land
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Planning, Development
and Infrastructure) Act 2016.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the
Acts
Interpretation Act 1915
does not apply to this Act.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Planning, Development and Infrastructure Act
2016
4—Amendment
of section 58—Preparation of state planning policies
(1) Section 58(1)—after "state planning policies" insert:
on behalf of the Minister
(2) Section 58(3)(b)—delete "the Commission" and
substitute:
the Minister
(3) Section 58(3)(c)—delete "the Commission" and
substitute:
the Minister
5—Amendment
of section 59—Design quality policy
Section 59(1)—delete "The Commission" and substitute:
The Minister
6—Amendment
of section 60—Integrated planning policy
Section 60—delete "The Commission" and substitute:
The Minister
7—Amendment
of section 63—Special legislative schemes
(1) Section 63(1)—delete "The Commission must, after seeking the
advice of the Minister" and substitute:
The Minister must
(2) Section 63(1)(c)—delete "the Commission" and
substitute:
the Minister
(3) Section 63(2)—delete "The Commission may, after seeking the
advice of the Minister" and substitute:
The Minister may
(4) Section 63(3)—delete "The Commission" and substitute:
The Minister
(5) Section 63(4)(a)—delete paragraph (a)
8—Amendment
of section 73—Preparation and amendment
(1) Section 73(1)—before paragraph (a) insert:
(aa) in relation to a state planning policy—the Commission acting at
the request of the Minister; or
(2) Section 73(2)—before paragraph (a) insert:
(aa) in relation to a state planning policy—the Commission acting at
the request of the Minister; or
9—Amendment
of section 78—Early commencement
Section 78(1)(b)—before "the Planning and Design Code"
insert:
an amendment to
After Schedule 7 insert:
Schedule 8—Transitional
provisions
Part 1—Preliminary
1—Interpretation
In this Schedule—
designated day means a day appointed by proclamation as the
designated day for the purposes of the provision in which the term is
used;
Development Plan means a Development Plan under the repealed
Act;
DPA means a Development Plan Amendment under section 25 of
the repealed Act.
2—Saving of operation
(1) To the extent
that a provision of the repealed Act that has been repealed under this Act
remains relevant to the operation of this Schedule, the provision may be taken
to continue to operate for the purposes of this Schedule despite its
repeal.
(2) However, a provision to which
subclause (1)
applies will operate subject to this Schedule insofar as this Schedule
modifies or otherwise affects the operation of the provision.
Part 2—Definitions and change of
use
3—Definitions
(1) The definition of development authorisation in section
3(1) of this Act will be taken to include a development authorisation under the
repealed Act.
(2) The definition of Planning Rules in section 3(1) of this
Act will be taken to include a reference to the provisions of a Development Plan
that may still be in force at the relevant time.
4—Change of use of land
(1) A period of non-use under section 4(1)(b) of this Act extends to a
period commenced before the designated day.
(2) An increase in the intensity of the use of land referred to in
section 4(1)(d) of this Act relates to an increase that commences on or
after the designated day.
(3) For the purposes of the revival of a use of land after a period of
discontinuance, the period of 12 months referred to in section 4(2)(a) of this
Act will be taken to be extended to a period of 2 years in relation to a period
of discontinuance that commenced before the designated day.
(4) A declaration in force under section 6(2)(c) of the repealed Act
immediately before the designated day will have effect for the purposes of
section 4(2) of this Act and, in connection with this provision, section 6(3) of
the repealed Act will continue to apply as if—
(a) a reference to the Development Assessment Commission included a
reference to the State Planning Commission; and
(b) a reference to a relevant Development Plan included a reference to the
Planning and Design Code.
(5) Section 6(4) and (5) of the repealed Act continue to apply to a notice
issued under section 6(3) of that Act before the designated day.
(6) Section 4(3) of this Act extends to a period of discontinuance of use
commenced before the designated day.
(7) Section 4(4) of this Act extends to a period of cessation of an
activity commenced before the designated day.
(8) Subject to
subclause (9)
, section 4(4) and (5) of this Act will apply as if it formed a part of the
repealed Act, and before the designated day under a preceding subclause and
before being brought into operation by proclamation under this Act, if the
Governor, by proclamation under this subclause, declares that section 4(4) and
(5) will apply in relation to an area identified in the proclamation.
(9) In connection with
subclause (8)
—
(a) the Governor may make a series of proclamations between the
commencement of that subclause and the designated day under a preceding
subclause; and
(b) if the Governor makes a proclamation in relation to an identified
area, section 4(4) and (5) will apply in relation to that area (and any
regulation made under section 4(5) will also apply); and
(c) section 4(4) and (5) will extend to a period of cessation of an
activity in an identified area commenced before the day on which the Governor
makes the relevant proclamation under that subclause; and
(d) a reference in section 4(4)(b)(ii) of this Act to the Planning and
Design Code will be taken to include a reference to a Development Plan that
applies in relation to an identified area.
Part 3—Commission and preliminary structural
reforms
Division 1—Commission
5—Establishment of Commission
(1) Subject to
subclause (2)
, the following provisions of this Act will come into operation on 1 April
2017:
(a) sections 12 to 14 (inclusive);
(b) sections 17 to 34 (inclusive);
(c) section 233;
(d) section 236;
(e) section 245;
(f) Schedule 1;
(g) clauses 1(1)(a), (2) and (3) and 2 of Schedule 3.
(2) The Governor
may, by proclamation made before 1 April 2017, fix a different day (being before
or after 1 April 2017) for the commencement of the provisions referred to in
subclause (1)
(and then the day so fixed by proclamation will apply instead of the day
under
subclause (1)
).
(3) The functions
of the Commission under the following provisions of this Act will commence on
the day on which the Commission is established under
subclause (1)
or
(2)
:
(a) section 16;
(b) sections 42 to 47 (inclusive);
(c) Part 13;
(d) any other provision
specified by a proclamation made for the purposes of this subclause.
(4) In connection with
subclause (3)
—
(a) a provision to which that subclause applies will commence on the day
on which the Commission is established under
subclause (1)
or
(2)
; and
(b) the Commission has a period of 6 months within which to establish the
first Community Engagement Charter under section 44; and
(c) in the case of a provision specified in a proclamation under
subclause (3)(d)
, the provision will, if the proclamation so provides, apply as if it
formed part of the repealed Act; and
(d) without limiting any other provision of this Schedule, the regulations
may make provision of a saving or transitional nature on account of the
commencement of any provision to which
subclause (3)
applies.
(5) The commencement and operation of Part 13 Division 1
Subdivision 3 will be determined and have effect subject to the operation
of section 245 and
Part 9
of this Schedule.
(6) For the purposes of section 245, this Act will be taken to have
commenced on the date on which the Commission is established under
subclause (1)
or
(2)
.
6—Commission authorised to assume functions under
the repealed Act
(1) On and after the designated day, the State Planning Commission will
assume the functions, powers and duties of a designated entity under the
repealed Act (including the repealed Act as it applies subject to the operation
of this Schedule).
(2) On the designated day—
(a) a designated entity is dissolved by force of this subclause;
and
(b) a person holding office as a member of a designated entity will cease
to hold that office (and no right of action arises and no compensation is
payable in respect of the appointment to that office coming to an
end).
(3) On and after the designated day, a reference in any Act, statutory
instrument or other instrument or document to a designated entity will, unless
the context otherwise requires, be taken to be a reference to the State Planning
Commission.
(4) Any proceedings before, or being conducted by, a designated entity
immediately before the designated day will, subject to any directions of the
State Planning Commission, be transferred to the Commission where they may
proceed as if they had been commenced before, or by, the Commission.
(5) The State Planning Commission may—
(a) adopt any findings or determinations of a designated entity that may
be relevant to the proceedings of the Commission; and
(b) adopt or make any decision (including a decision in the nature of a
determination), direction or order in relation to any proceedings before, or
being conducted by, a designated entity before the designated day; and
(c) receive in evidence any transcript of evidence in proceedings before,
or being conducted by, a designated entity before the designated day and draw
any conclusions of fact from that evidence that appear proper; and
(d) take other steps to promote or ensure the smoothest possible
transition on account of the transfer of functions, powers and duties under this
clause.
(6) The State Planning Commission must delegate any functions or powers as
a relevant authority with respect to determining whether or not to grant
development plan consent under the repealed Act that the Commission acquires by
operation of this clause—
(a) to 1 or more committees established by the Commission; or
(b) to a person for the time being occupying a particular office or
position.
(7) In this clause—
designated entity means—
(a) the Development Assessment Commission under the repealed Act;
and
(b) the Building Rules Assessment Commission under the repealed Act;
and
(c) the Development Policy Advisory Committee under the repealed
Act.
Division 2—Regions
7—Regions
(1) If a planning
region is created by proclamation under section 5(1)(a) of this
Act—
(a) a regional plan under section 64 need not be prepared and adopted in
accordance with the requirements of this Act until the expiration
of—
(i) 24 months from the day on which the planning region is constituted;
or
(ii) if the proclamation constituting the planning region provides for a
longer period—that longer period; and
(b) until a
regional plan is so prepared and adopted, a regional plan prepared or adopted
for the purposes of the repealed Act and identified by the State Planning
Commission for the purposes of this provision will apply in relation to the area
constituting the planning region as if it were a regional plan under this Act
(without the need to be consistent with the requirements of section
64).
(2) To avoid doubt, a plan applying under
subclause (1)(b)
may be amended as a designated instrument under Part 5 Division 2
Subdivision 5 of this Act.
Division 3—Preserving existing authorisations
and rights
8—Preserving existing authorisations and
rights
(1) Subject to this
clause, section 7(5) of this Act does not 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—
(i) a development authorisation for the division of the land was granted
under section 33(1)(c) or (d) of the repealed Act before the designated day;
and
(ii) that
development authorisation has not lapsed under
subclause (2)
; or
(i) the division of the land was granted a development plan consent under
section 33(1)(a) of the repealed Act before the designated day;
and
(ii) the
development authorisation for the division of the land required under
section 33(1)(c) or (d) of the repealed Act is granted before the
expiration of the designated transitional period; and
(iii) the
development authorisation under
subparagraph (ii)
has not lapsed under
subclause (2)
.
(2) A development
authorisation for the division of land referred to in
subclause (1)(a)(ii)
or
(b)(iii)
will lapse at the expiration of the designated transitional period unless
an application for the division of the land under and in accordance with the
development authorisation has been lodged with the Registrar-General under
Part 19AB of the
Real
Property Act 1886
before that expiration.
(3)
Subclause (1)
does not apply in relation to land that is within a character preservation
area that is taken to be an environment and food production area under section
7(4).
(4) In this clause—
designated transitional period means the period of 2 years
commencing on the designated day.
Part 4—Planning
instruments
9—Planning and Design Code
(1) The Planning and Design Code is not required to provide for all of the
matters referred to in section 66(2) until 1 July 2020.
(2) Until 1 July 2020, a Development Plan under the repealed Act (as in
force at a relevant time) will have effect for the purposes of this Act as if it
formed part of the Planning and Design Code (subject to the operation of this
clause).
(3) If the Minister
considers that a Development Plan should be amended, including by the removal or
alteration of material in the Development Plan—
(a) because of provision made by the Planning and Design Code;
or
(b) because of an inconsistency between the Development Plan and the
Planning and Design Code; or
(c) because it appears to the Minister that amendments should be made to
provide greater consistency with the provisions of this Act, including the
objects of this Act; or
(d) because it is otherwise (in the opinion of the Minister) appropriate
to act under this clause in view of the transition from Development Plans under
the repealed Act to the Planning and Design Code under the scheme established by
this Act,
the Minister may make the amendment in such manner as the Minister thinks
fit.
(4) The Minister must give notice of an amendment under
subclause (3)
in such manner as the Minister thinks fit.
(5) An amendment under
subclause (3)
will have effect from a day stated in the notice of the amendment (and
will have effect for the purposes of this Act, and for the purposes of the
repealed Act as if it had been made under that Act (and without the need to take
any other step under that Act)).
(6) In addition (and without limiting
subclause (3)
), until 1 July 2020, a Development Plan may continue to be amended under
Part 3 Division 2 Subdivision 2 of the repealed Act but subject to the following
qualifications:
(a) a council must not commence the process under section 25 of the
repealed Act without the approval of the Minister;
(b) sections 25, 26 and
28 of the repealed Act will apply subject to any modifications made by the
regulations for the purposes of this subclause;
(c) without limiting
paragraph (b)
, the Minister may require that a DPA under the repealed Act that is under
consideration under section 25 of the repealed Act on the designated day be
divided into 2 or more parts so that those parts will be dealt with separately
under the repealed Act and, in so doing, may direct that 1 or more parts not
proceed any further (and any such direction will have effect
accordingly);
(d) sections 27 and 29 of the repealed Act will continue to
apply.
(7) Without limiting a preceding subclause, the Minister may, by notice in
the Gazette, revoke a Development Plan if or when the Minister considers that
the Development Plan is no longer required or appropriate for the purposes of
this Act (and, if relevant, for the purposes of the repealed Act).
(8) A reference in any other Act (other than the repealed Act),
regulation, rule or by-law to a Development Plan will, unless the context
otherwise requires, be taken to include a reference to the Planning and Design
Code.
10—Local heritage
(1) On the designated
day, a place designated as a place of local heritage value under the repealed
Act immediately before the designated day will be taken to be designated as a
place of local heritage value by the Planning and Design Code.
(2) The Minister may,
by notice in the Gazette, amend the Planning and Design Code in order to include
a place of local heritage value in the Planning and Design Code by virtue of the
operation of
subclause (1)
.
(3)
Subclauses (1)
and
(2)
do not limit the ability to make a later amendment to the Planning and
Design Code in relation to a place to which
subclause (1)
applies.
(4) Section 202(1)(a) does not apply to or in relation to the designation
of a place as a place of local heritage value under this Act by operation of
subclause (1)
or on account of the inclusion of a place of local heritage value in the
Planning and Design Code under
subclause (2)
.
11—Significant trees
(1) On the designated
day, a significant tree by virtue of the operation of a Development Plan under
the repealed Act immediately before the designated day will be taken to be a
significant tree under the Planning and Design Code.
(2) The Minister may,
by notice in the Gazette, amend the Planning and Design Code in order to include
a tree, or a stand of trees, in the Planning and Design Code by virtue of the
operation of
subclause (1)
.
(3)
Subclauses (1)
and
(2)
do not limit the ability to make a later amendment to the Planning and
Design Code in relation to a tree to which
subclause (1)
applies.
Part 5—Relevant
authorities
12—General transitional scheme for
panels
(1) On and after the
designated day, a reference in the repealed Act to a council's development
assessment panel will, subject to
subclause (3)
, be taken to be a reference to an assessment panel appointed by the
council under this Act.
(2) In connection with the operation of
subclause (1)
, on and after the designated day—
(a) section 83 of this
Act, insofar as it applies to a council as a designated authority, will apply
for the purposes of the repealed Act as if it formed part of the repealed Act;
and
(b) section 56A of the repealed Act will not apply so as to require a
council to establish a council development assessment panel but—
(i) a council otherwise required to establish such a panel under that
section will be required to establish 1 or more assessment panels under
paragraph (a)
instead; and
(ii) the functions of the assessment panel established under this clause
will be to act as a delegate of the council for the purposes of the repealed
Act.
(3) If a council does
not appoint an assessment panel envisaged by
subclause (1)
, the Minister may, after consultation with the Commission, constitute a
local assessment panel under this subclause.
(4) If the Minister acts under
subclause (3)
—
(a) section 84 of this Act, insofar as it applies to a local assessment
panel, other than section 84(1)(d), will apply for the purposes of the repealed
Act as if it formed part of the repealed Act; and
(b) the local assessment panel will act as a delegate of the council as a
relevant authority under the repealed Act as if it had received a delegation
from the council to the extent determined by the Minister; and
(c) a reference in the repealed Act to a council's development assessment
panel (insofar as it relates to the council) will be taken to be a reference to
the local assessment panel.
(5) In connection with the operation of the preceding subclauses,
section 85 of this Act will extend to a matter that an assessment panel
under this clause must assess under the repealed Act.
(6) Without limiting any provision made under Schedule 5, the regulations
under this Act may make provision with respect to the practices or procedures of
assessment panels acting under this clause for the purposes of the repealed
Act.
(7) An assessment panel acting under this clause may—
(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
(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
(c) deal with any matter that is subject to a reserved decision under the
repealed Act before the relevant day; and
(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
(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.
(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) On and after the
designated day, the Minister may constitute a regional assessment panel under
this Act—
(a) as the successor of a regional development assessment panel
constituted under the repealed Act; or
(b) in response to a request by 2 or more councils to constitute a
regional assessment panel in relation to their combined areas.
(2) If the Minister acts under
subclause (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
(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) 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) 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) A regional assessment panel acting under this clause
may—
(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
(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
(c) deal with any matter that is subject to a reserved decision under the
repealed Act before the relevant day; and
(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
(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) 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) 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) 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) 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) For the purposes of
subclause (1)
—
(a) the Governor may
appoint different designated days in relation to different relevant entities
under the repealed Act; and
(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) In this clause—
relevant entity means—
(a) a council development assessment panel under the repealed Act;
or
(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) 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) A relevant
authority under this Act acting under
subclause (1)
may—
(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
(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
(c) deal with any matter that is subject to a reserved decision under the
repealed Act before the designated day; and
(d) deal with any requirement or grant any variation imposed or proposed
in connection with an application to which that subclause applies; and
(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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) Subject to
subclause (2)
, section 139 of this Act will extend to a development approval given
before the designated day.
(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) 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) 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) 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) 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—
(a) the development will be taken to be classified as restricted
development; but
(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) In a case where an assessment panel is a relevant authority by virtue
of the operation of
subclause (1)(b)
—
(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
(b) any reference in section 110 to the State Planning Commission will be
taken to include a reference to the assessment panel; and
(c) the assessment panel must comply with any other practice direction
published by the Commission in relation to the operation of this
clause.
(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) This clause expires on 1 July 2020.
(5) An application
being considered by an assessment panel under this clause on 1 July 2020 may be
continued and completed by the State Planning Commission as a relevant authority
on and after that date.
(6) The State Planning Commission acting under
subclause (5)
may—
(a) adopt any findings or determinations of an assessment panel that may
be relevant to an application to which that subclause applies; and
(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
(c) deal with any matter that is subject to a reserved decision before 1
July 2020; and
(d) deal with any requirement or grant any variation imposed or proposed
in connection with an application to which that subclause applies; and
(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
(a) section 71AA of the repealed Act is repealed by force of this section;
and
(b) section 156 of this
Act will commence applying in relation to any swimming pool.
(2) On and from the designated day, to the extent that—
(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
(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) This clause applies despite section 245(6).
(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) The Minister may only make declaration under
subclause (2)
in relation to a scheme if—
(a) the Minister is acting at the request of a person or body interested
in the provision or delivery of infrastructure; and
(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) 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) 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) If a declaration is made under
subclause (2)
—
(a) the Minister must, within 6 sitting days after the declaration is
made—
(i) prepare a report on the making of the declaration, including in the
report an outline of the scheme; and
(ii) cause copies of the report to be laid before both Houses of
Parliament; and
(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) This clause applies in relation to—
(a) a scheme in relation to the provision of infrastructure initiated
under Part 13 Division 1 of this Act; or
(b) a scheme initiated under
Division 1
of this Part.
(2) This clause applies during the designated transitional
period.
(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) In this clause—
designated transitional period means the period commencing on
the commencement of this clause and expiring on 1 July 2020.
Part 10—Land management
agreements
32—Land management agreements
(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) 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) 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) In connection with the operation of
subclause (1)
—
(a) it is unnecessary for the fund to form part of a scheme established
under section 197 of this Act; and
(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) 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) 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 (as
the case requires).
(2) Without limiting
subclause (1)
, on and after the designated day—
(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; and
(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.
(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 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 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.
43—Regulations
(1) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of this Act.
(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) 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—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
Part 3—Amendment
of Adelaide Oval Redevelopment and Management
Act 2011
11—Amendment
of section 3—Interpretation
Section 3, definition of development—delete the
definition and substitute:
development means development within the meaning of the
Planning,
Development and Infrastructure Act 2016
;
12—Amendment
of section 7—Licence to Minister
Section 7—delete "Development Assessment Commission" wherever
occurring and substitute in each case:
State Planning Commission
13—Amendment
of section 10—Development assessment
(1) Section 10(1)—delete "The Development Plan that relates to the
area of the Council" and substitute:
The Planning and Design Code under the
Planning,
Development and Infrastructure Act 2016
(2) Section 10(2)—delete "Development Plan" and
substitute:
Planning and Design Code
(3) Section 10(3)—delete "complying development under
section 35 of the
Development
Act 1993
and Category 1 development under section 38 of that Act" and
substitute:
deemed-to-satisfy development under the
Planning,
Development and Infrastructure Act 2016
(4) Section 10(4)—delete subsection (4) and substitute:
(4) The State Planning Commission will be taken to be the relevant
authority under the
Planning,
Development and Infrastructure Act 2016
in relation to any proposed development within the ambit of
subsection (3).
14—Amendment
of section 11—Interaction with other Acts
(1) Section 11(2)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
(2) Section 11(4)—delete "section 14 of the
Development
Act 1993
, the Development Assessment Commission" and substitute:
section 17(4) of the
Planning,
Development and Infrastructure Act 2016
Part 4—Amendment
of Adelaide Park Lands
Act 2005
15—Amendment
of section 3—Interpretation
Section 3(2)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
Part 5—Amendment
of Aquaculture
Act 2001
16—Amendment
of section 7—Interaction with other Acts
Section 7(2)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
17—Amendment
of section 12—Procedures for making policies
Section 12(3)(c)(i)—delete subparagraph (i) and substitute:
(i) any relevant state planning policy or regional plan, and the Planning
and Design Code, under the
Planning,
Development and Infrastructure Act 2016
; and
Part 6—Amendment
of City of Adelaide
Act 1998
18—Amendment
of section 30—Strategic plans
Section 30(2)(c)—delete paragraph (c) and substitute:
(c) to ensure consistency with any relevant state planning policy, the
regional plan for Greater Adelaide (insofar as it is relevant to the City of
Adelaide), and the Planning and Design Code, under the
Planning,
Development and Infrastructure Act 2016
; and
Part 7—Amendment
of Commissioner for Kangaroo Island
Act 2014
19—Amendment
of section 3—Interpretation
(1) Section 3, definition of responsible Minister,
(c)—delete paragraph (c) and substitute:
(c) if the authority is an assessment panel appointed or constituted under
Part 6 Division 2 of the
Planning,
Development and Infrastructure Act 2016
—the Minister responsible for the administration of that Act;
or
(2) Section 3, definition of State authority,
(d)—delete paragraph (d) and substitute:
(d) an assessment panel appointed or constituted under Part 6 Division 2
of the
Planning,
Development and Infrastructure Act 2016
; or
Part 8—Amendment
of Community Titles
Act 1996
20—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of holder of a statutory
encumbrance, (a)—delete paragraph (a) and substitute:
(a) in relation to an agreement under Part 14 of the
Planning,
Development and Infrastructure Act 2016
—the Minister, council or greenway authority that entered into the
agreement; or
(2) Section 3(1), definition of relevant development
authority—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
(3) Section 3(1), definition of statutory encumbrance,
(b)—delete paragraph (b) and substitute:
(b) an agreement under Part 14 of the
Planning,
Development and Infrastructure Act 2016
(including an agreement under Part 5 of the
Development
Act 1993
that is taken to be an agreement under that Part of the
Planning,
Development and Infrastructure Act 2016
);
(4) Section 3(11)(b)(i)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
(5) Section 3(12)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
21—Amendment
of section 14—Application
(1) Section 14(5a)—delete "Development Assessment Commission
required by section 51 of the
Development
Act 1993
" and substitute:
State Planning Commission required by section 138 of the
Planning,
Development and Infrastructure Act 2016
(2) Section 14(6)—delete "Development Assessment Commission under
section 51 of the
Development
Act 1993
" and substitute:
State Planning Commission under section 138 of the
Planning,
Development and Infrastructure Act 2016
22—Amendment
of section 30—Scheme description
Section 30(1)(h)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
23—Amendment
of section 47—Development contracts
Section 47(2)(d)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
24—Amendment
of section 52—Application for amendment
(1) Section 52(5a)—delete "Development Assessment Commission
required by section 51 of the
Development
Act 1993
" and substitute:
State Planning Commission required by section 138 of the
Planning,
Development and Infrastructure Act 2016
(2) Section 52(6)—delete "Development Assessment Commission under
section 51 of the
Development
Act 1993
" and substitute:
State Planning Commission under section 138 of the
Planning,
Development and Infrastructure Act 2016
25—Amendment
of section 54—Amendment of plan
Section 54(3)(c)—delete paragraph (c) and substitute:
(c) the certificate from the State Planning Commission under
section 138 of the
Planning,
Development and Infrastructure Act 2016
;
26—Amendment
of section 58—Amendment of plan pursuant to development
contract
(1) Section 58(4a)—delete "Development Assessment Commission
required by section 51 of the
Development
Act 1993
" and substitute:
State Planning Commission required by section 138 of the
Planning,
Development and Infrastructure Act 2016
(2) Section 58(4b)—delete "Development Assessment Commission under
section 51 of the
Development
Act 1993
" and substitute:
State Planning Commission under section 138 of the
Planning,
Development and Infrastructure Act 2016
Part 9—Amendment
of Criminal Law Consolidation Act
1935
27—Amendment
of section 5—Interpretation
(1) Section 5(1), definition of local government
body—delete the definition and substitute:
local government body means a council or other body
constituted under the
Local
Government Act 1999
;
(2) Section 5(1)—after the definition of place of divine
worship insert:
planning assessment panel means an assessment panel appointed
or constituted under Part 6 Division 2 of the
Planning,
Development and Infrastructure Act 2016
;
28—Amendment
of section 145—Interpretation
Section 145(1), definition of public agency—after
paragraph (f) insert:
(g) a planning assessment panel;
29—Amendment
of section 237—Definitions
(1) Section 237, definition of public officer—after
paragraph (h) insert:
(ha) a member of a planning assessment panel or an officer or employee of
a planning assessment panel; or
(2) Section 237, definition of public officer,
(i)—delete "or a local government body" and substitute:
, a local government body or a planning assessment panel
Part 10—Amendment
of Environment Protection
Act 1993
30—Amendment
of section 3—Interpretation
(1) Section 3(1), after the definition of pollute
insert:
pre-school means a place primarily used for the care or
instruction of children of less than primary school age not resident at the
site, and includes a nursery, kindergarten or child-care centre;
(2) Section 3(1), definition of sensitive use,
(b)—delete "within the meaning of the
Development
Act 1993
"
31—Amendment
of section 27—Nature and contents of environment protection
policies
Section 27(2)(a)(ii)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
32—Amendment
of section 35—Requirement for works approval
Section 35(2)(b)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
33—Amendment
of section 39—Notice and submissions in respect of applications for
environmental authorisations
Section 39(1b)(b)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
34—Amendment
of section 42—Time limit for determination of
applications
Section 42(2)—delete "
Development
Act 1993
" wherever occurring and substitute in each case:
Planning,
Development and Infrastructure Act 2016
35—Amendment
of section 47—Criteria for grant and conditions of environmental
authorisations
(1) Section 47(1)(f)—delete "public environmental report,
development report,"
(2) Section 47(1)(f)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
(3) Section 47(2)(a)(ii) and (iii)—delete subparagraphs (ii) and
(iii) and substitute:
(ii) a development authorisation under Part 7 or 8 of the
Planning,
Development and Infrastructure Act 2016
—
(A) authorising a development for the purposes of a prescribed activity of
environmental significance on each application in respect of that development
referred to the Authority in accordance with that Part; or
(B) authorising a development or project for the purposes of a prescribed
activity of environmental significance; and
(4) Section 47(2a)—delete "
Development
Act 1993
" wherever occurring and substitute in each case:
Planning,
Development and Infrastructure Act 2016
36—Amendment
of section 57—Criteria for decisions of Authority in relation to
development authorisations
Section 57—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
37—Amendment
of section 64—Certain matters to be referred to Water Resources
Minister
Section 64(1b)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
38—Amendment
of section 103D—Causing site contamination
Section 103D(4)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
39—Amendment
of section 109—Public register
Section 109(3)(a), (c) and (d)—delete "
Development
Act 1993
" wherever occurring and substitute in each case:
Planning,
Development and Infrastructure Act 2016
40—Amendment
of Schedule 1—Prescribed activities of environmental
significance
(1) Schedule 1, Part A, clause 4(2)(a) and (b)—delete "relevant
Development Plan under the
Development
Act 1993
" wherever occurring and substitute in each case:
Planning and Design Code under the
Planning,
Development and Infrastructure Act 2016
(2) Schedule 1, Part A, clause 4(2)(c)—after "Metropolitan Adelaide
as defined in the
Development
Act 1993
" insert:
(being Metropolitan Adelaide as applying under Schedule 8 of the
Planning,
Development and Infrastructure Act 2016
)
(3) Schedule 1, Part A, clause 7(2)(e)—delete paragraph (e) and
substitute:
(e) any activity associated with a railway that is excluded from the ambit
of the definition of development (within the meaning of the
Planning,
Development and Infrastructure Act 2016
) under regulations made under that Act; or
Part 11—Amendment
of Fire and Emergency Services Act
2005
41—Amendment
of section 37—Rectification where safeguards
inadequate
(1) Section 37(4)—delete "section 71(18) of the
Development
Act 1993
" and substitute:
section 157(16) of the
Planning,
Development and Infrastructure Act 2016
(2) Section 37(5)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
42—Amendment
of section 38—Closure orders
Section 38(6)—delete "section 71(18) of the
Development
Act 1993
" and substitute:
section 157(16) of the
Planning,
Development and Infrastructure Act 2016
43—Amendment
of section 71—State Bushfire Coordination Committee
Section 71(2)(b)(ix)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
Part 12—Amendment
of Fisheries Management
Act 2007
44—Amendment
of section 43—General nature and content of management
plans
Section 43(1)(f)(ii)—delete subparagraph (ii) and
substitute:
(ii) the provisions of any relevant state planning policy or regional
plan, and the Planning and Design Code, under the
Planning,
Development and Infrastructure Act 2016
; and
Part 13—Amendment
of Freedom of Information Act
1991
45—Amendment
of section 4—Interpretation
Section 4(1), definition of agency, (fa)—delete
paragraph (fa) and substitute:
(fa) an assessment panel appointed or constituted under Part 6 Division 2
of the
Planning,
Development and Infrastructure Act 2016
; or
Part 14—Amendment
of Highways
Act 1926
46—Amendment
of section 20—General powers of Commissioner
(1) Section 20(5)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
(2) Section 20(6)(a)—delete paragraph (a) and substitute:
(a) in the case that involves development in relation to a State heritage
place in the circumstances contemplated by paragraph (e) of the definition of
development under the
Planning,
Development and Infrastructure Act 2016
(on the basis that the
Planning,
Development and Infrastructure Act 2016
will only apply insofar as is relevant to the State heritage place);
or
Part 15—Amendment
of Liquor Licensing
Act 1997
47—Amendment
of section 106—Complaint about noise etc emanating from licensed
premises
Section 106(6)(b)(iv)—delete "Development Plan under the
Development
Act 1993
" and substitute:
provision of the Planning and Design Code under the
Planning,
Development and Infrastructure Act 2016
Part 16—Amendment
of Local Government
Act 1999
48—Amendment
of section 90—Meetings to be held in public except in exceptional
circumstances
Section 90(3)(m)—delete paragraph (m) and substitute:
(m) information relating to a proposal to prepare or amend a designated
instrument under Part 5 Division 2 of the
Planning,
Development and Infrastructure Act 2016
before the draft instrument or amendment is released for public
consultation under that Act;
49—Amendment
of section 122—Strategic management plans
(1) Section 122(2)(a)—delete paragraph (a) and substitute:
(a) should—
(i) address the strategic planning issues within the area of the council,
with particular reference to (and in a manner consistent with) any relevant
state planning policy or regional plan under the
Planning,
Development and Infrastructure Act 2016
; and
(ii) set out the council's priorities for the implementation of planning
policies; and
(2) Section 122(2)(b)—delete paragraph (b) and substitute:
(b) should (as far as practicable) be consistent with the Planning and
Design Code under the
Planning,
Development and Infrastructure Act 2016
, other than where the council is proposing amendments to the Planning and
Design Code and the Minister to whom the administration of that Act is committed
has agreed to the implementation of a program to review and amend the relevant
provisions of the Code; and
50—Amendment
of section 219—Power to assign a name, or change the name, of a road or
public place
Section 219(8)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
51—Amendment
of section 245A—Council may require bond or other security in certain
circumstances
Section 245A(1)(a)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
52—Amendment
of Schedule 8—Provisions relating to specific land
Schedule 8, clause 7(3)—delete "Section 32 of the
Development
Act 1993
" and substitute:
Section 101 of the
Planning,
Development and Infrastructure Act 2016
Part 17—Amendment
of Local Nuisance and Litter Control
Act 2016
53—Amendment
of Schedule 1—Meaning of local nuisance
(section 17)
Schedule 1, clause 1(c)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
Part 18—Amendment
of Marine Parks
Act 2007
54—Amendment
of section 10—Establishment of marine parks
Section 10(5)(b)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
55—Amendment
of section 13—General nature and content of management
plans
Section 13(2)(b)—delete paragraph (b) and substitute:
(b) any relevant state planning policy or regional plan, and the Planning
and Design Code, under the
Planning,
Development and Infrastructure Act 2016
; and
Part 19—Amendment
of National Parks and Wildlife Act
1972
56—Amendment
of section 38—Management plans
Section 38(2a)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) after consultation with the State Planning Commission; and
(b) having regard to any relevant state planning policy or regional plan,
and the Planning and Design Code, under the
Planning,
Development and Infrastructure Act 2016
; and
Part 20—Amendment
of Native Vegetation
Act 1991
57—Amendment
of section 4—Application of Act
Section 4(2)(a)—delete "a Development Plan or Development Plans under
the
Development
Act 1993
" and substitute:
the Planning and Design Code under the
Planning,
Development and Infrastructure Act 2016
58—Amendment
of section 14—Functions of Council
Section 14(1)(da)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
59—Amendment
of section 29—Provisions relating to consent
Section 29(17)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
Part 21—Amendment
of Natural Resources Management
Act 2004
60—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of floodplain, (b)—delete
paragraph (b) and substitute:
(b) by the Planning and Design Code under the
Planning,
Development and Infrastructure Act 2016
;
(2) Section 3(1), definition of lake, (b)(ii)—delete
subparagraph (ii) and substitute:
(ii) by the Planning and Design Code under the
Planning,
Development and Infrastructure Act 2016
;
(3) Section 3(1), definition of wetland, (b)—delete
paragraph (b) and substitute:
(b) by the Planning and Design Code under the
Planning,
Development and Infrastructure Act 2016
;
(4) Section 3(8)—delete "Development Plan" and substitute:
the Planning and Design Code under the
Planning,
Development and Infrastructure Act 2016
61—Amendment
of section 29—Functions of boards
Section 29(1)(ea)—delete paragraph (ea) and substitute:
(ea) to undertake an active role in ensuring, insofar as is reasonably
practicable, that the board's regional NRM plan and the Planning and Design Code
under the
Planning,
Development and Infrastructure Act 2016
form a coherent set of policies and, in so doing, when an amendment to
that Code that is relevant to the activities of the board is under consideration
under that Act, to work with the entity or entities engaged in undertaking the
amendment under that Act; and
62—Amendment
of section 75—Regional NRM plans
(1) Section 75(3)(f)—delete paragraph (f) and substitute:
(f) identify any policies reflected in—
(i) any relevant state planning policy or regional plan; and
(ii) the Planning and Design Code,
under the
Planning,
Development and Infrastructure Act 2016
that should, in the opinion of the board, be reviewed under that Act in
order to promote the objects of this Act or to improve the relationship between
the policies in those instruments and the policies reflected in the board's
plan; and
(2) Section 75(5)(b)—delete paragraph (b) and substitute:
(b) the Planning and Design Code under the
Planning,
Development and Infrastructure Act 2016
(subject to any proposal to amend that Code); and
63—Amendment
of section 76—Preparation of water allocation plans
Section 76(4)(h)(ii)—delete subparagraph (ii) and
substitute:
(ii) identify any policies reflected in any relevant state planning policy
or regional plan, or the Planning and Design Code, under the
Planning,
Development and Infrastructure Act 2016
that should, in the opinion of the board, be reviewed under that Act in
order to promote the objects of this Act or to improve the relationship between
the policies in those instruments and the policies reflected in the water
allocation plan; and
64—Amendment
of section 129—Activities not requiring a permit
(1) Section 129(1)(e)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
(2) Section 129(3)(a)—delete "section 37 of the
Development
Act 1993
" and substitute:
section 122 of the
Planning,
Development and Infrastructure Act 2016
65—Amendment
of Schedule 1—Provisions relating to regional NRM boards and NRM
groups
Schedule 1, clause 3(6)(l)—delete paragraph (l) and
substitute:
(l) information relating to a proposal to prepare or amend a designated
instrument under Part 5 Division 2 of the
Planning,
Development and Infrastructure Act 2016
before the draft instrument or amendment is released for public
consultation under that Act or before a draft plan relating to the amendment is
released for public consultation under this Act.
Part 22—Amendment
of Ombudsman
Act 1972
66—Amendment
of section 3—Interpretation
Section 3(1), definition of agency to which this Act applies,
(ca)—delete paragraph (ca) and substitute:
(ca) an assessment panel appointed or constituted under Part 6 Division 2
of the
Planning,
Development and Infrastructure Act 2016
; or
Part 23—Amendment
of Real Property
Act 1886
67—Amendment
of section 90B—Variation and extinguishment of
easements
Section 90B(9)—before paragraph (a) insert:
(aa) the issue of a certificate by the State Planning Commission under
section 138 of the
Planning,
Development and Infrastructure Act 2016
; or
68—Amendment
of section 154B—Effect of priority notices
Section 154B(2)(m)—delete paragraph (m) and substitute:
(m) an agreement, or the recision or amendment of an agreement, under Part
14 of the
Planning,
Development and Infrastructure Act 2016
(including an agreement under Part 5 of the
Development
Act 1993
that is taken to be an agreement under that Part of the
Planning,
Development and Infrastructure Act 2016
);
69—Amendment
of section 223LA—Interpretation
(1) Section 223LA(1), definition of the Development Assessment
Commission or the Commission—delete the
definition
(2) Section 223LA(1), definition of holder, (a)—delete
paragraph (a) and substitute:
(a) in relation to an agreement under Part 14 of the
Planning,
Development and Infrastructure Act 2016
—the Minister, council or greenway authority that entered into the
agreement; or
(3) Section 223LA(1)—after the definition of service
easement insert:
State Planning Commission means the State Planning Commission
established under the
Planning,
Development and Infrastructure Act 2016
;
(4) Section 223LA(1), definition of statutory encumbrance,
(c)—delete paragraph (c) and substitute:
(c) an agreement under Part 14 of the
Planning,
Development and Infrastructure Act 2016
(including an agreement under Part 5 of the
Development
Act 1993
that is taken to be an agreement under that Part of the
Planning,
Development and Infrastructure Act 2016
);
70—Amendment
of section 223LD—Application for division
Section 223LD(5a)—delete "Development Assessment Commission required
by section 51 of the
Development
Act 1993
" and substitute:
State Planning Commission required by section 138 of the
Planning,
Development and Infrastructure Act 2016
Part 24—Amendment
of River Murray
Act 2003
71—Amendment
of section 5—Interaction with other Acts
Section 5(2)(e)—delete paragraph (e) and substitute:
(e)
Planning,
Development and Infrastructure Act 2016
;
72—Amendment
of section 42—Regulations
Section 42(4)—after paragraph (b) insert:
(c) any activity undertaken under an approval granted under the
Planning,
Development and Infrastructure Act 2016
if the application for the approval of the relevant development was
referred to the Minister responsible for the administration of this Act under
section 122 of the
Planning,
Development and Infrastructure Act 2016
before the approval was granted.
Part 25—Amendment
of Roads (Opening and Closing)
Act 1991
73—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of person
affected insert:
Planning Minister means the Minister for the time being
administering the
Planning,
Development and Infrastructure Act 2016
;
(2) Section 3(1), definition of relevant
authority—delete the definition and substitute:
relevant authority, in relation to a road process or proposed
road process, means—
(a) where the road process is part of or directly associated with a
development or proposed development under the
Planning,
Development and Infrastructure Act 2016
that requires development approval from the State Planning
Commission—the State Planning Commission; or
(b) where the road process is part of or directly associated with a
development or proposed development under the
Planning,
Development and Infrastructure Act 2016
that requires development approval from the Minister for the time being
administering that Act—the Planning Minister; or
(c) in any other case—the council;
Section 6A—delete the section and substitute:
6A—Special powers to open or close roads in cases
involving major developments
(1) A road to which this section applies may be opened or closed by the
Planning Minister in accordance with Part 7A.
(2) This section applies to a road or a proposed road that is directly
associated with development—
(a) that is classified as impact assessed development (other than
restricted development) under Part 7 Division 2 of the
Planning,
Development and Infrastructure Act 2016
; or
(b) subject to a Ministerial direction under section 130(25) or 131(25) of
the
Planning,
Development and Infrastructure Act 2016
.
75—Amendment
of section 16—Criteria in relation to road process
orders
Section 16(b)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
76—Amendment
of section 33—Acquisition of additional land under Land Acquisition
Act
Section 33(2)—delete "a Development Plan under the
Development
Act 1993
" and substitute:
the Planning and Design Code under the
Planning,
Development and Infrastructure Act 2016
77—Substitution
of section 34A
Section 34A—delete the section and substitute:
34A—Interpretation
In this Part—
EIS means an environmental impact statement under the
Planning,
Development and Infrastructure Act 2016
.
78—Amendment
of section 34B—Road process proposal may be included in a major
development proposal
(1) Section 34B(1)—delete ", PER or DR"
(2) Section 34B(2)—delete ", PER or DR includes" and
substitute:
includes
(3) Section 34B(2)—delete ", PER or DR (as the case may be) is made
available for public inspection under the
Development
Act 1993
" and substitute:
is made available for public inspection under the
Planning,
Development and Infrastructure Act 2016
(4) Section 34B(2)(b)—delete paragraph (b)
(5) Section 34B(2)(c)—delete ", PER or DR under the
Development
Act 1993
" and substitute:
under the
Planning,
Development and Infrastructure Act 2016
(6) Section 34B(2)(d)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
(7) Section 34B(2)(e)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
79—Amendment
of section 34C—Minister may give effect to road process
proposal
(1) Section 34C(1)—delete subsection (1) and substitute:
(1) The Planning Minister may, on the basis of information set out in an
Assessment Report under the
Planning,
Development and Infrastructure Act 2016
, in conjunction with giving a development authorisation under section 115
of the
Planning,
Development and Infrastructure Act 2016
in relation to the relevant development, by notice in the Gazette, make an
order that a road be opened or closed.
(2) Section 34C(2)—delete "The Governor" and substitute:
The Planning Minister
(3) Section 34C(2)(a)(ii)—delete "the Governor or"
(4) Section 34C(2)(b)—delete "the Governor" and
substitute:
the Planning Minister
(5) Section 34C(3)—delete "The Governor" and substitute:
The Planning Minister
80—Amendment
of section 34D—Dealings in land after commencement of process under this
Part
(1) Section 34D—delete ", PER or DR includes" and
substitute:
includes
(2) Section 34D(a)—delete ", PER or DR is made available for public
inspection under the
Development
Act 1993
" and substitute:
is made available for public inspection under the
Planning,
Development and Infrastructure Act 2016
81—Amendment
of section 34E—Modification or exclusion of certain parts of
Act
Section 34E(1)(b)—delete paragraph (b) and substitute:
(b) sections 17 and 18—on the basis that the Planning Minister, as
the relevant authority, can make an order under either section at any time (and
not necessarily as part of the original order).
82—Amendment
of section 42—Interaction with Real
Property Act 1886 and planning legislation
Section 42(2)—delete "
Development
Act 1993
" and substitute:
Planning,
Development and Infrastructure Act 2016
Part 26—Amendment
of Strata Titles
Act 1998
83—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of the Commission—delete
the definition
(2) Section 3(1), definition of holder of a statutory
encumbrance, (a)—delete paragraph (a) and substitute:
(a) in relation to an agreement under Part 14 of the
Planning,
Development and Infrastructure Act 2016
—the Minister, council or greenway authority that entered into the
agreement; or
(3) Section 3(1), definition of statutory encumbrance,
(a)—delete paragraph (a) and substitute:
(a) an agreement under Part 14 of the
Planning,
Development and Infrastructure Act 2016
(including an agreement under Part 5 of the
Development
Act 1993
that is taken to be an agreement under that Part of the
Planning,
Development and Infrastructure Act 2016
);
84—Amendment
of section 12—Application for amendment
(1) Section 12(3b)—delete "Development Assessment Commission
required by section 51 of the
Development
Act 1993
" and substitute:
State Planning Commission required by section 138 of the
Planning,
Development and Infrastructure Act 2016
(2) Section 12(3c)—delete "Development Assessment Commission under
section 51 of the
Development
Act 1993
" and substitute:
State Planning Commission under section 138 of the
Planning,
Development and Infrastructure Act 2016
Part 27—Amendment
of Valuation of Land
Act 1971
85—Amendment
of section 22B—Heritage land
Section 22B(6)(b)—delete "by a Development Plan under the
Development
Act 1993
" and substitute:
under the
Planning,
Development and Infrastructure Act 2016