CHARACTER PRESERVATION (BAROSSA VALLEY) BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 3, page 2, lines 7 to 9 [clause 3(1), definition of designated area]—Delete the definition of designated area

No. 2. Clause 3, page 2, lines 13 and 14 [clause 3(1), definition of district]—Delete 'the prescribed day) but does not include the areas marked as townships on the deposited plan' and substitute '26 June 2012)'

No. 3. Clause 3, page 2, lines 16 and 17 [clause 3(1), definition of prescribed day]—Delete the definition of prescribed day

No. 4. Clause 3, page 2, line 19 [clause 3(1), definition of relevant authority]—Delete 'or a provision of this Act'

No. 5. Clause 3, page 2, after line 21 [clause 3(1)]—After the definition of relevant authority insert:

relevant council means a council whose area includes part of the district;

No. 6. Clause 3, page 3, lines 1 to 4 [clause 3(1), definition of residential development]—Delete the definition and substitute:

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

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

(b) a dwelling for residential purposes on land used primarily for primary production purposes;

rural area means the area of the district not including townships;

rural living area means an area marked as a rural living area in the plan deposited in the General Registry Office at Adelaide and numbered GP 4 of 2012 (being the plan as it exists on 26 June 2012);

No. 7. Clause 3, page 3, line 7 [clause 3(1), definition of township]—Delete 'the prescribed day' and substitute '26 June 2012'

No. 8. Clause 3, page 3, line 9 [clause 3(2)]—After 'characteristics of the district' insert:

and locations within the district

No. 9. New clause, page 3, after line 15—After clause 4 insert:

4A—Administration of Act

This Act is to be administered by the Minister responsible for the administration of the Development Act 1993.

No. 10. Clause 6, page 3, line 31 [clause 6(1)(a)]—After 'rural' insert 'and natural'

No. 11. Clause 6, page 4, line 3 [clause 6(2)(b)]—Delete 'or a township under this Act'

No. 12. New Clause, page 4, after line 3—Insert:

6A—Development Plans relating to townships to be prepared or amended by councils

Despite Part 3 Division 2 of the Development Act 1993 (including section 24(1)(fbb) of that Act), a Development Plan, or an amendment to a Development Plan, that—

(a) applies to any part of a township; and

(b) does not apply outside the area of the council where the township is located,

may only be prepared under that Division by—

(c) the council for the area where the township is located; or

(d) the Minister (within the meaning of that Division) acting with the consent of the council for the area where the township is located.

No. 13. Clause 7, page 4, lines 4 to 6—Delete clause 7

No. 14. Clause 8, page 4, lines 8 to 12 [clause 8(1) and (2)]—Delete subclauses (1) and (2) and substitute:

(1) This section applies to a proposed development in the rural area that involves a division of land under the Development Act 1993 that would create 1 or more additional allotments.

(2) A relevant authority (other than the Development Assessment Commission) must not grant development authorisation to a development to which this section applies unless the Development Assessment Commission concurs in the granting of the authorisation.

(2a) If the Development Assessment Commission is the relevant authority, the Development Assessment Commission must not grant development authorisation to a development to which this section applies unless the council for the area where the proposed development is situated concurs in the granting of the authorisation.

(2b) No appeal under the Development Act 1993 lies against a refusal by a relevant authority to grant development authorisation to a development to which this section applies or a refusal by the Development Assessment Commission or a council to concur in the granting of such an authorisation.

No. 15. Clause 8, page 4, lines 14 to 16 [clause 8(3)(a) and (b)]—Delete paragraphs (a) and (b) and substitute:

(a) is located in a part of the rural area other than a rural living area; and

(b) will create additional allotments to be used, for residential development,

No. 16. Clause 8, page 4, lines 23 to 34 [clause 8(5)]—Delete subclause (5) and substitute:

(5) If—

(a) after the commencement of this section, an application for development authorisation is made in relation to a proposed development to which this section applies; and

(b) the proposed development is located within a rural living area and will create 1 or more additional allotments to be used for residential development; and

(c) the provisions of the relevant Development Plan relating to the minimum size of allotments that are in force on the prescribed day (after the commencement of the operation of any amendments to that Development Plan that are made on that day) (the prescribed allotment provisions) provide for a larger minimum allotment size than the provisions that would otherwise apply in relation to the proposed development,

the prescribed allotment provisions will apply in relation to the proposed development despite the provisions of the Development Plan (to the extent of the inconsistency) and despite section 53(2) of the Development Act 1993.

No. 17. Clause 8, page 4, line 36 [clause 8(6)]—Delete 'designated' and substitute 'rural living'

No. 18. Clause 8, page 4, after line 39—After subsection (6) insert:

(7) In this section—

prescribed day means the day on which this Act was introduced into the House of Assembly.

No. 19. Clause 9, page 5, line 2 [clause 9(1)]—Delete 'involved in the administration of' and substitute:

responsible for issuing statutory authorisations under

No. 20. Clause 9, page 5, line 4 [clause 9(1)(a)]—Delete 'a statutory authorisation under the relevant Act' and substitute: 'such a statutory authorisation'

No. 21. Clause 9, page 5, lines 8 and 9 [clause 9(1)]—Delete 'obligations imposed on the person or body under this Act ' and substitute: 'objects of this Act in relation to the statutory authorisation'

No. 22. Clause 10, page 5, after line 17—After subclause (1) insert:

(1a) In conducting the review, the Minister must (in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils.

No. 23. Clause 10, page 5, lines 18 to 21 [clause 10(2)]—Delete subclause (2) and substitute:

(2) The review must include an assessment of—

(a) the state of the district, especially taking into account the objects of this Act and any relevant provisions of the Planning Strategy; and

(b) the family, social, economic and environmental impacts of this Act; and

(c) the impact of this Act on local government in the district; and

(d) any steps that have been taken or strategies that have been implemented to address any negative impacts of this Act,

and may include such other matters as the Minister thinks fit.

No. 24. Clause 11, page 5, after line 27 [clause 11(1)]—Before paragraph (a) insert:

(aaa) make provision in relation to the referral of any application for development authorisation to the Development Assessment Commission for the purposes of section 8(2); and

(aa) prescribe fees in respect of any matter under this Act and provide for their payment, recovery or waiver; and

No. 25. Clause 11, page 6, after line 3—After subclause (3) insert:

(4) Before a regulation is made under this Act, the Minister must (in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils.

No. 26. Schedule 1, page 6, line 6 [Schedule 1, clause 1]—Delete 'responsible for the administration of the Development Act 1993'

No. 27. Schedule 1, page 6, line 7 [Schedule 1, clause 1(a)]—Delete 'that Act' and substitute: 'the Development Act 1993'

No. 28. Schedule 1, page 6, lines 10 and 11 [Schedule 1, clause 1(b)]—Delete 'or a township, or part of the district or a township' and substitute: ', or part of the district'

No. 29. Schedule 1, page 6, after line 16 [Schedule 1, clause 1]—After paragraph (b) insert:

and

(c) (in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils in relation to the matters specified in paragraphs (a) and (b).