Planning, Development and Infrastructure Bill

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (16:04): Obtained leave and introduced a bill for an act to provide for matters that are relevant to the use, development and management of land and buildings, including by providing a planning system to regulate development within the state, rules with respect to the design, construction and use of buildings, and other initiatives to facilitate the development of infrastructure, facilities and environments that will benefit the community; to repeal the Development Act 1993; to make related amendments to the Character Preservation (Barossa Valley) Act 2012, the Character Preservation (McLaren Vale) Act 2012, the Environment, Resources and Development Court Act 1993, the Liquor Licensing Act 1997, the Local Government Act 1999, the Public Sector Act 2009 and the Urban Renewal Act 1995; and for other purposes. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (16:05): I move:

That this bill be now read a second time.

The impact of today's planning decisions will either bless or burden future generations. This bill will shape the course of South Australia's development for decades to come. Our city and regions must be the best places to live, work, study and invest. Others should regard our state as a destination of choice. A great planning system is at the core of this vision. Reforming our planning system is one of the most important and enduring things we can do in this parliamentary term. This is truly a chance to lay down a long-term vision, way beyond the narrow constraints of the normal four-year political cycle. We must set South Australia on a long-term trajectory of growth and prosperity. I seek leave to insert the remainder of the second reading explanation in Hansard without my reading it.

Leave granted.

The planning system must enable this State to thrive and prosper.

The planning system must encourage investment. It must enable the creation of jobs.

The planning system must have the tools to deliver affordable living options and welcoming communities.

The planning system must compliment other strategic priorities including a great public transport system and vibrant city life. It must respect our environment and protect our food bowl.

Most importantly, the planning system must be open and transparent. The long term public interest must never be compromised for short term political, or corporate gain.

Unlocking South Australia's potential

South Australia has many natural advantages, but so much untapped potential.

We are at a moment of transition from the old to the new economy. It is important to remember these advantages we have and to work to unlock potential. We live in an advanced economy with:

an adaptable and highly skilled workforce

first-class science, innovation and academic sectors

an abundant supply of mineral resources

an amazing natural environment

a rich and varied cultural, artistic and sporting heritage, and

some of the world's best food and wine produce.

Our track record in social innovation, an enviable standard of living and a stable business environment are factors that help make South Australia an attractive destination for investment and people.

It is little wonder that our capital city is consistently rated as one of the most liveable in the world. As is so often the case, though small, we punch well above our weight.

Governments of all political stripes have built upon this potential to shape the South Australia we know today. As history has shown, all that is needed is the confidence to take bold steps.

In recent years, the government has undertaken a number of targeted 'bite size' reforms to regulatory and policy settings that have helped to unlock the potential hidden and unrealised around us.

We've unlocked the potential of our city's laneways through licensing reforms so that now, more than 50 new small venues, are contributing to a new vibrant city culture.

This minor regulatory change has inspired a generation of young entrepreneurs to make Adelaide the place to set up shop.

Zoning changes have unlocked the potential of our inner city, creating opportunities for apartment living, instituting the widely praised design review service and generating up to $4.6 billion in new investment in the past four years.

We're unlocking the potential of Kangaroo Island, establishing the new office of 'Commissioner for Kangaroo Island'. Economic development opportunities are already starting to emerge, such as the recently announced 200-bed tourism facility at American River.

We've started unlocking the potential of our suburbs through rezoning and the use of the Urban Renewal Authority, backed by legislative powers, to drive neighbourhood regeneration. We will see the renewal of 4,500 public housing properties in the inner city, over the next 5 years.

Through the 30-Year Plan for Greater Adelaide and the Integrated Transport and Land Use Plan we have a vision to unlock more potential.

We have been joined in this process, by local councils, through major urban renewal projects and rezoning across the city, in Bowden, Glenside, Glenelg, Tonsley, along The Parade, Unley, Greenhill and Churchill roads. We will continue doing more over coming months to maintain this momentum.

All of this has been backed by a renewal of the infrastructure this State needs to prosper and grow.

The Adelaide Oval and SAHMRI are the standout successes on this front to date. Soon the new Royal Adelaide Hospital and Festival Plaza will be similarly well known. The old RAH site will also emerge as a city focal point.

Planning reform—the journey so far

What has been achieved so far has been involved pulling a few clunky policy levers. These levers, however, are hardware designed for the needs of 25 years ago. They are increasingly inadequate for contemporary and future needs.

We need to set our sights now for future generations through a system-wide reform.

Two years ago we set up an independent expert panel to undertake a comprehensive review of our planning system.

We recognised that to unlock even more potential, in our capital and across the State, tweaks and tinkering won't be enough. This State needed a comprehensive rethink of our planning system and its role as an agent to grow South Australia.

We gave the Expert Panel on Planning Reform, which led this process at arm's length, a mandate to examine every aspect of our planning system.

The Panel met with over 2,500 people. Industry, local government, professional and community groups engaged in a mature and open-minded way with the Panel during this time.

As was apparent from their first two reports, the Panel was prepared to be bold. They did not shy away from inconvenient truths.

The ideas contained in the final report could not have been formed without thorough, genuine consultation.

The government has embraced those ideas in the Bill we now bring before you.

This Bill presents a platform for reform. A package of profound changes to meet contemporary needs.

I hope we can all approach this Bill in a genuine spirit of collaboration.

This Bill directly implements the key reforms recommended by the panel.

It lays down the basic building blocks of a new planning system that will ensure better decision-making, a better focus on design and better consultation processes leading to outcomes that meet community expectations.

As indicated in the government's response earlier this year, we have chosen to undertake further work on several key areas. These are left out of this bill for later consideration. Each is a significant piece of work in its own right.

We have chosen to leave current local heritage provisions essentially untouched while we undertake a close examination of the benefits of integrating our state and local heritage laws under one umbrella. Aboriginal heritage laws are also untouched by this Bill.

We have also left undisturbed existing linkages between mining laws and the planning system, as we continue to work through issues concerning multiple land uses.

As members will know, the government has been pursuing a multiple land use framework with the resources sector and this is the appropriate process for the intersection planning, environmental and mining issues to be explored.

We have also chosen to leave the Urban Renewal Act essentially unchanged for the time being. The amendments passed in our last term need to be bedded down.

Lastly, we have decided that issues around open space and public realm, although partly addressed in this Bill, require further work in the longer-term consideration.

Although all of these are important issues and require more time to resolve, this should not delay this Bill.

Some of these issues may actually be best explored once the new Planning Commission has been established. The government and community will benefit from the Commission's advice.

The deferral of these matters aside, there is nothing in this Bill that should be unexpected.

As we indicated in the government response to the panel's report earlier this year, the Bill does go further than the panel's advice in one respect.

The Bill will create new protection for our farmlands and environmental areas around Adelaide in the form of an environment and food production reserve. This area will be given appropriate priority.

The provisions in this Bill for this area are modelled on the laws we have already enacted for the Barossa Valley and McLaren Vale. As with those laws, parliament will have a role in any change which may adversely impact upon these important natural assets.

This is both good planning policy and a critical public integrity issue. Total transparency and public debate about such important decisions is both a protection for future taxpayers and a bulwark against corruption and special pleading behind closed doors.

Combined with the existing Hills Face Zone and other open space zones, this will give Greater Adelaide a 'green belt', mirroring the parklands around the city mile itself. Our first government planner originally envisaged this nearly 100 years ago.

It will make sure our market gardeners, vignerons and fruit growers spread through the Fleurieu and the Adelaide Hills can be certain that their livelihoods will not be affected by opportunistic urban development.

At the same time, as is the case now, compatible rural activities, such as existing small-scale quarries, will be able to continue consistent with the appropriate zoning policies.

Importantly, this innovation will also help to pivot Adelaide's future growth towards employment generating urban renewal, saving future taxpayers billions of dollars.

Given we have more than 20 years' supply of zoned land in Greater Adelaide, this is an easy step for this parliament to take, safe in the knowledge there will be no adverse effect on housing affordability. In the future, subject to periodic review, adjustments can be made by consensus and with the best available evidence at hand.

Of course, all of these measures will be backed by other new tools that will ensure the protection offered by this clause is given life at all levels in the system.

Affordable housing and living is a priority for this government. A growth in home ownership will take pressure off of the public and not-for-profit housing sectors.

Powerful sectional interests have perpetuated myths about affordable housing. These myths repeated so often, have become conventional wisdom. These myths are self-serving in the mouths of their proponents who are often more concerned with maintaining lucrative, taxpayer subsidised, mid-twentieth century business models than with housing affordability. It is time to explode these myths.

It is time to lift the burden of basic infrastructure from first homebuyers, by sharing the cost over time and reducing barriers to first homebuyers from entering the market.

It is time to produce housing that meet the needs of contemporary and future household formation. It is time to place affordable housing nearer to work and services, saving homeowners a fortune in transport costs and other services.

This Bill will be an enabler to these positive changes.

Why urban renewal is the way forward

This government has made no secret of our desire to focus on urban renewal and regeneration as an alternative to urban sprawl. This Bill helps us to deliver on that vision.

We must be able to build homes where the jobs are and must have a planning system that enables us to do this. We cannot ignore the fact that everyone wins through thoughtful infill development.

We know that a more compact urban form not only makes daily life better but also makes for a more sustainable and vibrant city. A city that aims to be truly carbon neutral cannot be based on sprawl.

Adelaide has the lowest density of any Australian capital city. Yet our higher-density suburbs such as Black Forest and Parkside, with 3,000 people per square kilometre, Glenelg South with 3,500, and the south-east of the city with 4,000, are considered some of our most desirable, liveable and vibrant suburbs.

These are suburbs with character and people aspire to live in them.

It is no coincidence that cities around the world with similar densities—Melbourne, Prague, Stockholm, and Vancouver, have viable, cost-effective and quality transit systems.

Simply put, infill creates more economic benefits, costs less to service and makes for a better life for residents.

The following facts illustrate this clearly:

at infill locations the cost to provide infrastructure is between $15 and 45 million, where fringe developments cost a staggering $62 to 89 million: up to 600 per cent more

for every 1,000 homes built at infill locations there are more than twice as many jobs created compared to fringe developments

overall, the economic benefit per 1,000 dwellings in infill locations equates to more than twice as much as compared to fringe development.

It is sobering to remind ourselves that a century ago Adelaide's CBD had double today's population and most of what is now the eastern suburbs, from Magill to Colonel Light Gardens were fertile, productive market gardens interspersed by villages.

In the intervening century we have designed and built many of our suburbs around industries, economies, business models and lifestyles that we now know are unsustainable. Our city is a legacy of cheap petrol, ignorance of climate change, a love affair with private motor vehicles, and concealed State Government subsidies of greenfield development infrastructure costs.

We cannot allow these out-dated approaches determine our future.

We can, however, capitalise on 21st-century planning and design to unlock the potential of our inner and middle-ring suburbs as the turnover of older housing stocks opens up redevelopment opportunities.

It would be a wasted opportunity if we did not get the best legislative framework in place now.

Why our planning system needs to change

Our planning system must be the most competitive in the nation if we are to attract and retain the investment we need to provide jobs and services for future generations of South Australians.

It is clear from the more than 2,500 people who participated in the Expert Panel's engagement process that there is a real and genuine appetite for change in our community.

It is also clear that our current system is struggling under the task. As the panel said, 'We cannot continue with a system that is increasingly unaffordable, unsustainable and unconnected to our future needs'.

With more than 23,000 pages of regulation in our current system it should not be surprising that over 90 per cent of development applications are forced to go through the most onerous and lengthy of assessment processes.

In sum, our current rulebook is unclear, inconsistent and out-of-date.

Until we fix these and other issues, we will always have difficulty in cementing the potential of Adelaide as one of the world's great cities in which to live and work.

Without change, the pressure to use valuable farmland and environmental assets instead of renewing our inner city neighbourhoods will continue. The public realm will continue to be an afterthought, and the hidden costs of fringe living will continue to be passed on to the next generation of taxpayers and new home buyers.

There will continue to be inadequate integration of transport needs, poor coordination of infrastructure with urban development, and fitful attention to those design features that can help make our city carbon-neutral in years to come.

This cannot continue.

Local councils, who will always have a central role in planning policy, are willing to play their part.

The recent employment summit hosted by the Lord Mayor, and supported by the Premier, showed how much state and local government can achieve working together. I hope this Bill will be seen as another opportunity to cooperate.

In the new planning system, councils will continue to take the lead in engaging with their communities, facilitating high quality development and helping set the rules for what can happen and where. They will have better ways to collaborate regionally and better avenues to engage on long-term planning issues through the new State Planning Commission.

I feel confident that councils will embrace the opportunities this new planning system will present. This government will work with local government to ensure a smooth transition as we implement this Bill, if passed.

South Australia needs a planning system that will contribute to a stronger economy and a better lifestyle for all South Australians, today and tomorrow.

A planning system that will enable developments, big and small, to happen quickly and easily.

A planning system that promotes design quality at every scale and in every project, and ensures integrated delivery of infrastructure and services to communities.

A planning system that places a premium on professionalism and is based on ongoing, meaningful engagement with communities.

A planning system that will open the door to investment and help generate jobs.

This Bill delivers the effective, efficient and enabling planning system the South Australian community, business and industry want and deserve.

It provides the basic building blocks for the new planning system. It has been developed in a tight timeframe to deliver the reforms South Australian communities, businesses and industries have told us they want.

I would like to pause at this point to put on record my thanks to the many members of the public service, in the Department of Planning, Transport and Infrastructure, Parliamentary Counsel and elsewhere, who have contributed to the development of this important Bill.

I would also like to thank the many community, business and professional groups who have contributed to this Bill.

I would like to thank my ministerial staff.

I know this Bill is of great interest to members.

I look forward to this debate. I assure members that the government will be open to consider amendments that cure oversights or unintended omissions.

There are also many people outside this place with an interest in this Bill. Comprehensive and detailed resources are available for members, councils and others from my department's website at or by simply entering 'SA planning reforms' into your preferred search engine. A dedicated hotline is also available on 1300 857 392 to answer questions and provide information.

Over the coming month, my department will engage in a comprehensive campaign to ensure councils, business, professional and community groups have access to details of the Bill. Workshops and events with local councils, planning professionals, community, and business groups will enable this parliament to engage with these groups, which were instrumental in the Bill's development.

I commend the Bill to the house and seek leave for the remainder of my second reading speech to be incorporated into Hansard.

I now turn to the key elements of the bill.

A better framework for long-term planning

Long-term planning will form the cornerstone of our planning system, through objects and principles and a new general duty, all set down in law, that reinforce the shared responsibilities of government, local councils, industry and communities.

This will provide the certainty to drive investment and secure better on-the-ground outcomes across South Australia.

With an arm's-length role, a new State Planning Commission will be a trusted central point for coordinating long-term planning and helping the Minister deliver the State's planning goals. The Commission will be charged with providing independent advice on key proposals for policy change, making independent decisions on defined categories of development, and providing independence guidance on matters of procedure and interpretation.

Joint planning arrangements will enable and encourage integration and collaboration at a regional scale. It will provide genuine opportunities for partnership between councils, State Government and communities. This will reinforce the conversations the Premier and Minister for Local Government are leading through the Premier's State/Local Government Forum.

The legislation also introduces a new option for upfront consultation with parliament in setting planning policy, reflecting the importance of democratic processes in building and maintaining policy consensus about policy that can span political cycles.

In particular, a new requirement for parliament to approve (after considering a report and inquiry by the State Planning Commission) any decisions about urban expansion that affect our important food production and environmental areas will also be introduced. This ensures that decisions about urban expansion that confer windfall gains to land owners, or incur major infrastructure costs for the community, are appropriately scrutinized.

This Bill also builds upon the foundations of probity and transparency. It creates a system in which elected officials from local government and the State parliaments will be precluded from joining development assessment panels, effectively de-politicising decision-making. New accreditation requirements will be introduced for persons serving on development assessment panels, thereby ensuring appropriate standards of professional or technical expertise. The Independent Commissioner Against Corruption has been briefed on these matters.

Better ways to engage South Australians

Engagement with communities will be a central feature of the new planning system. Our current system is too heavily geared towards involving communities at the later stages of the planning process, when it is too late to influence outcomes.

The Expert Panel's review demonstrated how, when given the opportunity, South Australians will embrace the chance to make positive and meaningful contributions upfront. This planning-focused conversation with the community must continue. This Bill is founded on the tenet that it will.

A new engagement charter will set benchmarks for meaningfully and genuinely engaging communities as ideas are being formed and tested, giving people genuine influence in the process of developing the plans and policies that will shape their communities.

The charter will allow engagement approaches to be tailored to suit each community and authorities will be obligated to meet or exceed key performance benchmarks.

At the same time, online engagement will be encouraged through a new planning website enabling South Australians to engage with the planning system at anytime from anywhere, in a user-friendly format.

A better focus on design quality

Life in our neighbourhoods and regions happens on our streets, in our parks and public places, the spaces we call the 'public realm'. Too often the design practices necessary to integrate the built form with public spaces are an afterthought in our planning system.

If we want to create communities where people and businesses thrive and neighbourhoods that are liveable, attractive and safe, our planning system must seek and reward high-quality design which integrates development on private land with the public realm.

As we increasingly seek to accommodate future growth through urban renewal and neighbourhood regeneration, it is critical that design considerations have more influence.

In a national first, the Bill will enable the establishment of design standards for the public realm and infrastructure, reinforcing an emphasis on design in other parts of the Bill.

Design is also weaved through a number of other elements of the Bill. Design review, design principles and design-based zoning will make design the bedrock for policies and practices at all levels.

A better, clearer rulebook for everyone

The warren of planning rules continually thwart and exasperate ordinary South Australians trying to build a house, or businesses wanting to deliver a development, will be replaced with a single, easy-to-access set of rules that can be applied consistently across the State.

The new rulebook, the 'Planning and Design Code', will be written in plain language, and focused on design outcomes that can be tailored to address local character needs.

To streamline delivery at a local level, the burden of maintaining convoluted development plans will be lifted from local government, and replaced with a simpler set of regional plans and a menu of zoning options in the code.

It will be supported by a new e-planning system so that planning information is easily accessible online.

This will make updating the rulebook quicker and easier than current cumbersome processes that lead to delays of years.

All of this will help to deliver the government's policies quicker and more consistently.

For example, after nearly a decade we still have many development plans that do not include the government's affordable housing policies: in the new planning system, we will be able to make this change without the need for separate amendments to 72 development plans.

The same is true for statewide policies that touch on critical challenges such as climate change, sea level rise, bushfire management or job creation opportunities. Current clumsy mechanisms such as statewide DPAs will no longer be needed to give effect to such obviously important matters.

Better process leading to quicker decisions

Our planning system is too often focused on processes rather than outcomes.

Homebuilders and small businesses deserve certainty when they apply for approval of development that is expected in a zone.

Yet simple developments are regularly subject to over-engineered assessment processes, resulting in unacceptable delays, wasted effort and avoidable expense.

In short, the development assessment process needs a major shake-up.

New assessment pathways will increase certainty for development that is reasonably expected in given locations, while providing a tailored assessment approach for more complex projects.

This will ensure that effort is matched to the scale, impact and risk of proposed projects, and entry points into full environmental impact assessment will be more transparent.

Importantly, this will align us with federal environmental laws.

The assessment task should not be seen as a dilettante exercise.

It requires technical expertise and that's why in the new planning system, suitably qualified professionals will be empowered to make assessment decisions directly.

We will give council assessment panels and staff the professional independence they need to make decisions, without any need for second-guessing by elected officials.

We will not allow assessment panels to be dominated by the vagaries of local politics. Councillors and members of parliament will be precluded from sitting on assessment panels. This will help reduce the risk for conflict of interest and improve turnaround times.

At the same time, the focus will shift to the needs of applicants, facilitating outcomes, allowing greater flexibility in the way in which assessment is staged, and providing more and better options for decisions to be reviewed.

These changes will mean that minor issues will be dealt with quicker through simpler processes, allowing the limited assessment resources to be directed to where they are needed most.

We will also empower councils with better enforcement tools, including the ability for courts to capture profits from breaches, impose corporate multiplier penalties, and make adverse publicity orders.

Better coordination and delivery of infrastructure

One of the most common complaints communities have about our planning system is that the delivery of important infrastructure is often out of step with the pace of development.

Often it results in funding bottlenecks that leave new homeowners 'stranded' without the services they are entitled to expect.

In the new planning system, essential social and physical infrastructure will be factored in from the outset. Infrastructure needs will be identified, its costs calculated, and locked in before a development can begin, and costs equitably apportioned.

New infrastructure delivery schemes will fairly spread the costs among the beneficiaries. This will ensure a fair share of the windfall gains a landowner obtains from changes to zoning will be spent on community needs.

Unlike other states, we will make sure the costs may be paid over long-term horizons rather than in one upfront lump sum. This will help create opportunities for finance and help avoid price hikes that impact on the affordability of housing for new homeowners.

These tools will be available to both State and local government and enable communities to be involved in the negotiations about infrastructure and facilities delivered as part of new developments.

Transparent, equitable cost-sharing arrangements will encourage better quality and thoughtful developments.

The type of quality development we want to see in South Australia.

At the same time, clear infrastructure design standards will protect industry from gold plating and price gouging.

Better information that is digital by default

South Australians have made it clear they want to interact with the planning system online in their own time.

In the new planning system, all planning information will be accessible on a central e-planning portal.

South Australians will be able to participate in planning processes from consultation to lodgment—anywhere, any time. This online platform will reduce costs for applicants, councils and ratepayers and deliver faster turnarounds and tracking of decisions.

Funding for this new system will be finalised once this Bill has passed and after negotiations with local government. However, there are likely to be substantial cost savings to ratepayers through a 'digital by default' strategy.

The new e-planning portal will not only help make information accessible, it will also improve our capacity to monitor the health of the planning system by capturing data which will enable us to assess and understand the planning system's performance.

Implementing the new planning system

This Bill lays down the building blocks for the new planning system.

It does not include the consequential amendments that will be necessary across the statute books to commence the Bill; nor does it address all the reforms the government agreed it would enact when we issued our response to the Expert Panel's report in March.

It is the government's intention, that once parliament has considered this Bill, a further Bill dealing with consequential amendments, transitional arrangements and related implementation measures will be brought to parliament in the new year. This will be similar to how the Local Government Act 1999 was implemented.

Our expectation is that this comprehensive suite of reforms to the planning system will need several years to fully implement.

The advantage of this approach is that members will be able to focus on the key elements of the new system in the knowledge that there will be a further opportunity to discuss implementation details. The important policy detail work lies ahead and will involve extensive consultation.

It will also allow the government to work with local councils to put in place an implementation plan.

This will help bed down the new planning system and allow for further targeted reforms to be undertaken in time.

This Bill will transform our planning system and will make South Australia the national leader in planning. This Bill delivers on the strategic priority of making South Australia a place where people and business thrive.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Interpretation

These clauses are formal.

4—Change of use of land

This clause sets out matters relevant to determinations of whether a change in the use of particular land has, or has not, occurred, and further sets out matters that will be taken not to be changes in use.

5—Planning regions and Greater Adelaide

This clause enables the Governor, on the recommendation of the Minister, to divide the State into planning regions for the purposes of the measure, and to designate one of the regions as Greater Adelaide.

The clause sets out matters to be taken into account in relation to Ministerial recommendations and requires the Minister to consult with the Commission and affected councils.

6—Subregions

This clause enables the Minister, after seeking the advice of the Commission, to further divide a planning region into subregions.

7—Environmental and food production areas—Greater Adelaide

This clause provides for the Minister, by notice in the Gazette, to establish within Greater Adelaide (other than any part of Greater Adelaide within a character preservation area) environmental and food production areas, which will be areas protected from urban encroachment.

The variation or abolition of an environmental and food production area cannot occur unless the Commission has conducted an inquiry and prepared a report on the variation or abolition and it has been approved by a resolution passed by both Houses of Parliament.

8—Application of Act—general provision

This clause sets out the scope of the measure's application in the State.

9—Application of Act—Crown

This clause extends the application of the Act to the Crown to the limit of the legislative power of the State.

10—Interaction with other Acts

This clause clarifies that (other than where it is otherwise provided) this measure is in addition to, and does not derogate from, other Acts.

11—Recognition of special legislative schemes

This clause defines special legislative schemes for the purposes of the proposed Act.

Part 2—Objects, planning principles and general responsibilities

Division 1—Objects and planning principles

12—Objects of Act

This clause sets out the objects of the proposed Act.

13—Promotion of objects

This clause requires those involved in the administration of the Act to promote the object of the Act.

14—Principles of good planning

This clause sets out principles to which regard should be had by persons or bodies seeking to further the objects of the Act.

Division 2—General duties and coordination of activities

15—General duties

This clause sets out a series of duties applicable to certain persons or bodies under the Act that seek to ensure things under the measure are done in good faith. Those duties include, for example, requirements that people act cooperatively and constructively, are honest and comply with relevant codes of conduct. However, these duties are precatory in nature, and do not create rights of action or liabilities.

16—Responsibility to coordinate activities

This clause sets out the expectation that State or local government bodies or agencies will develop and implement policies that are consistent with the schemes established by this measure.

Part 3—Administration

Division 1—State Planning Commission

Subdivision 1—Establishment and constitution of Commission

17—Establishment of Commission

This clause establishes the State Planning Commission (the Commission). The Commission is subject to the general control and direction of the Minister.

18—Constitution of Commission

This clause sets out the Commission's composition, namely a Chief Executive who is a member ex officio, plus between 4 and 6 persons appointed by the Minister and who possess a range of skills and knowledge set out in the proposed section.

The clause also makes procedural provisions in relation to the Commission.

19—Special provision relating to constitution of Commission

This clause provides for additional members for where the Commission is dealing with a matter arising under the measure.

20—Conditions of membership

This clause provides that the conditions of membership of the Commission will be as determined by the Minister, and sets out when members may be removed from office, and when offices become vacant.

21—Allowances and expenses

This clause provides that Commission members may be paid fees, allowances and expenses determined by the Minister.

Subdivision 2—Functions and powers

22—Functions

This clause sets out the functions of the Commission under the proposed Act, and makes related procedural provision.

23—Powers

This clause provides that the Commission has all the powers of a natural person as well as any other power conferred on the Commission under the proposed Act or any other Act.

24—Minister to be kept informed

This clause requires the Commission to keep the Minister informed as to its activities and potential risks.

25—Minister to have access to information

This clause provides in effect that the Minister may require the Commission to collect specified information, and further that he or she may access any information (other than the information referred to in subsection (3)) held by the Commission.

Subdivision 3—Related matters

26—Validity of acts

This clause provides that an act or proceeding of the Commission is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

27—Proceedings

This clause sets out procedural matters relating to meetings of the Commission.

28—Disclosure of financial interests

This clause requires members of the Commission to disclose their financial interests in accordance with Schedule 1 of the measure.

29—Committees

This clause provides that the Commission may establish committees, and makes procedural provision in relation to such committees.

30—Delegations

This clause confers a standard delegation power on the Commission.

31—Staff and facilities

This clause provides that the Commission may be assisted by such public service employees as may be approved by the Minister, and may make use of government assets.

32—Annual report

This clause requires an annual report to be prepared by the Commission and laid before Parliament.

Division 2—Chief Executive

33—Functions

This clause sets out the functions of the Chief Executive (an ex officio member of the Commission).

34—Delegation

This clause confers a standard delegation power on the Chief Executive.

Division 3—Joint planning arrangements

Subdivision 1—Planning agreements

35—Planning agreements

This clause enables the Minister to enter planning agreements with the entities specified in subsection (1).

The matters that a planning agreement may provide for are set out and include the establishing of a joint planning board as contemplated by the Division.

A planning agreement remains in force for 10 years and may be varied or terminated by agreement.

A register of planning agreements must be kept by the Chief Executive.

Subdivision 2—Joint planning boards

36—Joint planning boards

This clause requires the Minister to establish a joint planning board on commencement of a planning agreement under section 34. The joint planning board is constituted in accordance with the terms of the relevant planning agreement, including with respect to its functions and powers.

37—Disclosure of financial interests

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

38—Committees

This clause provides that a joint planning board may establish committees (and must do so if the relevant planning agreement so requires), and makes procedural provision in relation to such committees.

39—Subsidiaries

This clause provides that a joint planning board may establish a subsidiary to perform specified activities. The clause sets out requirements relating to the establishment of subsidiaries.

40—Delegations

This clause confers a standard delegation power on joint planning boards.

Subdivision 3—Appointment of administrator

41—Appointment of administrator

This clause enables the Minister to appoint an administrator to administer the affairs of a joint planning board in the circumstances set out in the new section, and sets out procedural provisions applicable if an administrator is so appointed.

Division 4—Practice directions and practice guidelines

42—Practice directions

This clause confers on the Commission a power to issue practice directions for the purposes of the measure. It also requires the Commission to issue a practice direction of a kind set out in subsection (2).

The clause sets out how practice directions are to be published.

43—Practice guidelines

This clause empowers the Commission to make practice guidelines in relation to the Planning Rules and the Building Rules.

Part 4—Community engagement and information sharing

Division 1—Community engagement

44—Community Engagement Charter

This clause requires the Minister to establish a charter relating to public engagement in respect of the measure and other matters.

The clause sets out what the charter may contain, and makes provision in respect of compliance with the charter.

45—Preparation and amendment of charter

This clause sets out how the charter is to be prepared and amended, including consultation and adoption processes.

The clause requires the charter to be reviewed at least once in every 5 year period.

Division 2—Online planning services and information

46—SA planning website

This clause requires the Chief Executive to establish a website (the SA planning portal) for the purposes of the measure, and sets out matters relating to the operation of the portal.

47—Planning database

This clause requires the Chief Executive to establish an electronic database (the SA planning database) for the purposes of the measure, and sets out matters relating to the operation of the database.

48—Online atlas and search facilities

This clause requires the Chief Executive to establish an online atlas and search facility, and sets out matters relating to the operation of the facility.

49—Standards and specifications

This clause provides that the Commission may publish standards or specifications to be applied in relation to the SA planning portal, the SA planning database and the online atlas or search facility.

The records under this proposed Division are not subject to the State Records Act 1997.

50—Certification and verification of information

This clause makes evidentiary provisions in respect of instruments published on the SA planning portal or produced on the SA planning database.

51—Online delivery of planning services

This clause provides that the regulations may provide for online delivery of planning services.

52—Protected information

This clause allows the Minister to prohibit, restrict or limit access to documents, instruments or other material on the SA planning portal on the grounds specified in subsection (1).

53—Freedom of information

This clause disapplies the Freedom of Information Act 1991 in respect of documents received, created or held under this proposed Division.

54—Fees and charges

This clause allows the Chief Executive, with the approval of the Minister, to impose fees and charges with respect to gaining access to, or obtaining, information or material held under this proposed Division.

Part 5—Statutory instruments

Division 1—Principles

55—Principles

This clause sets out principles that must be taken into account with respect to the instruments created under this proposed Part, and articulates the relationship between such instruments and other instruments.

Division 2—Planning instruments

Subdivision 1—State planning policies

56—Preparation of state planning policies

This clause enables the Minister to prepare state planning policies, and sets out what those policies are to achieve and what they may contain.

57—Design quality policy

This clause requires the Minister to ensure that there is a state planning policy that specifies design policies and principles to be applied in the other instruments under this proposed Division. The policy is to be known as the design quality protocol.

58—Integrated planning policy

This clause requires the Minister to ensure that there is a state planning policy that specifies policies and principles to be applied with respect to integrated land use, transport and infrastructure planning. The policy is to be known as the integrated planning protocol.

59—Special legislative schemes

This clause requires the Minister to ensure that there is a state planning policy with respect to each special legislative scheme, and defines what those schemes are for the purposes of the section.

Subdivision 2—Regional plans

60—Regional plans

This clause requires the Minister to prepare a regional plan for each planning region. However, if a joint planning board has been constituted in relation to a particular area of the State, the regional plan for that area must be prepared by the joint planning board. The Minister must then prepare the regional plan for the balance of a planning zone that remains outside the area in relation to which the joint planning board has been constituted.

The clause also sets out procedural provisions relating to regional plans.

Subdivision 3—Planning and Design Code

61—Establishment of Code

This clause requires the Minister to prepare a Planning and Design Code.

62—Key provisions about content of Code

The code must set out a comprehensive set of policies, rules and classifications which may be selected and applied in the various parts of the State through the operation of the Planning and Design Code and the SA planning database for the purposes of planning and development within the State.

The clause sets out what the code must contain, as well as providing for variation of applicable rules.

63—Local heritage

This clause provides that the Planning and Design Code may designate a place as a place of local heritage value in the circumstances set out in subsection (1), and sets out procedural provisions relating to such designations.

64—Significant trees

This clause provides that the Planning and Design Code may declare a tree, or a strand of trees, to be a significant tree or trees in the circumstances set out in subsection (1), and sets out procedural provisions relating to such declarations.

Subdivision 4—Design standards

65—Design standards

This clause enables the Minister to prepare design standards relating to the public realm or infrastructure for the purposes of the measure, including a standard that supplements the Planning and Design Code in the manner set out in subsection (2).

Subdivision 5—Related and common provisions

66—Interpretation

This clause defines designated instruments.

67—Incorporation of material and application of instrument

This clause sets out technical matters related to designated instruments (as defined in section 66).

68—Status

This clause articulates the nature of designated instruments, including a requirement that judicial notice be taken of them.

69—Preparation and amendment

This clause sets out how designated instruments are to be prepared and amended, including who can initiate the preparation or amendment of one. The clause also sets out procedural matters related to their preparation, amendment and adoption, including a requirement that state planning policies be approved by the Governor.

70—Parliamentary scrutiny

This clause requires the designated instruments approved by the Governor to be referred to the ERD Committee of the Parliament, and sets out procedural provisions accordingly, including by making provision for the disallowance of a designated instrument or an amendment to a designated instrument.

71—Complying changes—Planning and Design Code

This clause allows the Minister (in his or her discretion) to initiate or agree to an amendment to the Planning and Design Code in the circumstances set out in subsection (1), and makes procedural provisions accordingly.

72—Minor or operational amendments

This clause allows the Minister to make certain minor and technical amendments to certain instruments in the manner and circumstances set out in the proposed section.

Subdivision 6—Other matters

73—Early commencement

This clause allows the Minister to declare that an amendment to the Planning and Design Code, a regional plan or a design standard come into operation on an interim basis earlier than would otherwise occur under the measure.

The Minister must, as soon as practicable after the publication of a notice, report to both Houses of Parliament in relation to the matter.

The clause also sets out when such amendments cease operation.

Division 3—Building related instruments

74—Building Code

This clause provides that the Building Code applies for the purposes of the measure, subject to the modifications contemplated by subsection (1).

75—Ministerial building standards

This clause empowers the Minister to publish Ministerial Building Standards for the purposes of the measure.

Part 6—Relevant authorities

Division 1—Entities constituting relevant authorities

76—Entities constituting relevant authorities

This clause sets out who or what are relevant authorities for the purposes of the measure.

Division 2—Assessment panels

77—Panels established by joint planning boards or councils

This clause sets out provisions that apply to an assessment panel appointed by a joint planning board or a council (to be known as a designated authority) under the proposed Part, setting out the number and makeup of membership of, and making procedural provisions applicable to, such designated authorities.

78—Panels established by Minister

This clause sets out provisions that apply to an assessment panel appointed by the Minister under the proposed Part, setting out the constitution and membership of, and making procedural provisions applicable to, such panels.

79—Appointment of additional members

This clause provides that an assessment panel may appoint 1 or 2 members to act as additional members for the purposes of dealing with a matter that it must assess as a relevant authority.

Division 3—Assessment managers

80—Assessment managers

This clause sets out provisions that apply to assessment managers under the proposed Part, requiring each assessment panel to have an assessment manager. The clause sets out the functions and appointment methods for assessment managers.

Division 4—Accredited professionals

81—Accreditation scheme

This clause requires the Minister (in association with the Commissioner for Consumer Affairs) to establish an accreditation scheme with respect to persons who are to act as accredited professionals for the purposes of this measure, and sets out factors that the scheme may address.

82—Notification of acting

The provisions creates an offence for an accredited person to fail to notify, or provide certain information or documents to, a prescribed body on making certain decisions.

83—Removal from acting

This clause creates an offence to remove (except with Ministerial consent) an accredited professional from engagement as a relevant authority in relation to a development if he or she has not completed the functions of a relevant authority in relation to the development.

84—Duties

This clause imposes a series of duties on accredited professionals (for example, to act in accordance with the public interest), and creates offences for breaching those duties.

85—Use of term 'building certifier'

This clause sets out when an accredited professional may be known as a building certifier.

Division 5—Determination of relevant authority

86—Relevant authority—panels

This clause sets out the circumstances in which an assessment panel will be the relevant authority in relation to a proposed development.

87—Relevant authority—Commission

This clause sets out the circumstances in which the Commission will be the relevant authority in relation to a proposed development.

88—Relevant authority—Minister

This clause sets out the circumstances in which the Minister will be the relevant authority in relation to a proposed development.

89—Relevant authority—assessment managers

This clause sets out the circumstances in which an assessment manager will be the relevant authority in relation to a proposed development.

90—Relevant authority—accredited professionals

This clause sets out the circumstances in which an accredited professional will be the relevant authority in relation to a proposed development.

91—Relevant authority—councils

This clause sets out the circumstances in which a council will be the relevant authority in relation to a proposed development.

92—Related provisions

This clause makes provision in relation to instances where a proposed development involving the performance of building work is referred by the relevant authority to a council or a building certifier for assessment against the Building Rules.

Division 6—Delegations

93—Delegations

This clause confers a standard delegation power on relevant authorities.

Part 7—Development assessment—general scheme

Division 1—Approvals

94—Development must be approved under this Act

This clause requires all development to be approved development, as defined in proposed section 79.

95—Matters against which development must be assessed

This clause sets out what is an approved development. To be an approved development, a development must be assessed by a relevant authority and be granted a consent in respect of each of the matters listed in subsection (1) as may be relevant to the development.

Division 2—Planning consent

Subdivision 1—Categories of development

96—Categories of development

This clause provides that development is, for the purposes of assessment in relation to planning consent, divided in 3 categories, namely:

(a) accepted development;

(b) code assessed development;

(c) impact assessed development.

Subdivision 2—Accepted development

97—Accepted development

This clause sets out what is accepted development, 1 of the 3 categories of development.

Subdivision 3—Code assessed development

98—Categorisation

This clause sets out what is code assessed development, 1 of the 3 categories of development.

99—Deemed-to-satisfy assessment

This clause sets out when proposed development is to be classified as deemed-to-satisfy development.

100—Performance assessed development

This clause sets out where development will be assessed on its merits against the Planning and Design Code (being a case where proposed development is to be assessed as code assessed development and the development cannot be assessed, or fully assessed, as deemed-to-satisfy development).

Subdivision 4—Impact assessed development

101—Categorisation

This clause sets out what is impact assessed development, 1 of the 3 categories of development.

102—Practice direction to provide guidance

This clause requires the Commission to publish a practice direction relating to the operation of this proposed Subdivision, and sets out relevant procedural requirements.

103—Restricted development

This clause provides that the Commission will determine whether or not planning consent will be granted in relation to restricted development and sets out procedures relating to the assessment of restricted development.

104—Impact assessment by Minister—procedural matters

This clause provides for the assessment by the Minister of impact assessed development (except restricted development), being development classified as impact assessed development by regulation or by declaration by the Minister. Procedures relating to the assessment of such development are provided for.

105—Level of detail

This clause provides for the Commission to determine the level of detail required in relation to an EIS for a proposed development.

106—EIS process

This clause provides for the preparation of an EIS for a proposed development.

107—Amendment of EIS

This clause provides for the amendment of an EIS and an Assessment Report for a proposed development in certain circumstances.

108—Decision by Minister

This clause makes provision in relation to the Minster's decision on a proposed development.

109—Costs

This clause provides for the Minister to recover reasonable costs incurred in relation to aspects of the assessment of a proposed development under this proposed Subdivision.

110—Testing and monitoring

The Minister may require the carrying out of, or cause to be carried out, tests and monitoring in relation to a proposed development and to comply with an audit program specified by the Minister.

Division 3—Building consent

111—Building consent

This clause makes provision in relation to the granting or refusal of building consent for a proposed development.

Division 4—Procedural matters and assessment facilitation

112—Application and provision of information

This clause sets out requirements in relation to an application for a proposed development and for the provision of certain information.

113—Outline consent

This clause provides for a relevant authority to grant a consent in the nature of an outline consent and sets out procedures in relation to such consents.

114—Design review

This clause provides for a person who is considering the undertaking of development specified under the Planning and Design Code to apply to a design panel for advice.

115—Referrals to other authorities or agencies

This clause provides for a referral system for applications in accordance with the regulations. The referral can have the status of a mandatory direction from the referral body, or a concurrence where both the relevant authority and the referral body must agree on a decision.

116—Preliminary advice and agreement

This clause provides for a person to seek advice about a proposed development from a referral body before lodging an application. If the referral body agrees that the development meets its requirements the application for the development will not be referred under the usual referral system provided for in the preceding clause.

117—Proposed development involving creation of fortifications

This clause provides that if a relevant authority has reason to believe that a proposed development may involve the creation of fortifications, the relevant authority must refer the application for consent to, or approval of, the proposed development to the Commissioner of Police. Procedures in relation to referrals under the proposed section are provided for.

118—Time within which decision must be made

This clause provides that a relevant authority should deal with an application as expeditiously as possible and within the time prescribed by the regulations.

If time limits are not observed, an applicant may give the relevant authority a deemed consent notice that states that planning consent should be granted. Procedures are provided for in relation to such notices, including the imposition of conditions on deemed planning consents and the quashing by the Court of such consents.

119—Determination of application

The outcome of an application will be notified under this clause. Any authorisation will remain operative for a period prescribed by the regulations.

Division 5—Conditions

120—Conditions

This clause provides for the imposition of conditions on a decision under the proposed Part and provides that they bind successive beneficiaries of the approval. Provision is also made in relation to conditions of an authorisation relating to the killing, destruction or removal of a regulated or significant tree.

Division 6—Variation of authorisation

121—Variation of authorisation

This clause provides for a person to seek the variation of a development authorisation previously given under this Act or a condition of an authorisation.

Part 8—Development assessment—essential infrastructure

Division 1—Development assessment—standard designs

122—Development assessment—standard designs

This clause provides that assessment against the Planning Rules and planning consent are not required for a proposed development for the purposes of essential infrastructure within an infrastructure reserve. An accredited professional may be the relevant authority for such development.

Division 2—Essential infrastructure—alternative assessment process

123—Essential infrastructure—alternative assessment process

This clause provides that the Commission may approve development for the provision of essential infrastructure of a prescribed class and sets out procedures in relation to such approvals.

Part 9—Development assessment—Crown development

124—Development assessment—Crown development

This clause provides that the Commission may approve development proposals by Crown agencies, except in certain circumstances (such as if the development is deemed-to-satisfy development, in which case the usual approval process applies). The clause sets out procedures in relation to the approval of Crown development.

Part 10—Development assessment and approval—related provisions

Division 1—General principles

125—Law governing proceedings under this Act

These provisions are similar to section 53 of the Development Act 1993.

126—Saving provisions

These provisions are similar to section 52 of the Development Act 1993.

Division 2—Buildings

127—Requirement to up-grade

This clause provides for a relevant authority to require, in certain circumstances, before granting a building consent, that building work that conforms with the requirements of the Building Rules be carried out to the extent reasonably necessary to ensure that the building is safe and conforms to proper structural and health standards.

128—Urgent building work

This clause recognises the occasional need for emergency building work and provides that it is not an offence provided an approval is subsequently applied for.

Division 3—Trees

129—Urgent work in relation to trees

This clause provides for urgent work in relation to trees and is similar to the provision relating to urgent building work.

130—Interaction of controls on trees with other legislation

This clause makes provision in relation to the interaction of controls on trees with other legislation.

Division 4—Land division certificate

131—Land division certificate

This clause provides a mechanism for certification by the Commission that conditions imposed on a development approval for land division have been met, thus enabling the issue of new Certificates of Title and allows for procedures for the issue of certificates to be set out in the regulations.

Division 5—Access to land

132—Activities that affect stability of land or premises

This clause requires owners of land to be informed of activity that may affect the stability of neighbouring land.

133—Access to neighbouring land—general provision

This clause allows a person who gives notice to the owner of an adjoining allotment that the person requires access to part of a building or an allotment from the adjoining allotment for certain purposes related to a proposed development to apply to the council for the area for an authorisation to access to the adjoining allotment if the owner of that allotment does not respond to the notice or does not grant reasonable access.

Division 6—Uncompleted development

134—Action if development not completed

This clause allows a relevant authority to apply to the Court for orders (such as the removal of work) in relation to work that has not been substantially completed within the prescribed period.

135—Completion of work

This clause allows a designated authority to require that work be completed in certain circumstances.

Division 7—Cancellation of development authorisation

136—Cancellation of development authorisation

This clause provides for a general power for a relevant authority to cancel a development authorisation on the application of a beneficiary of the authorisation.

Division 8—Inspection policies

137—Inspection policies

This clause requires the Commission to publish a practice direction requiring councils to carry out inspections of development undertaken in their respective areas.

Part 11—Building activity and use—special provisions

Division 1—Preliminary

138—Interpretation

This clause allows the regulations to prescribe a council, person or body to be the council for the purposes of the proposed Part in relation to a development or building that is not within the area of a council.

Division 2—Notifications

139—Notification during building

This provision enables regulations to require notification to the council of the progress of building works. The council will be able to require the builder (or another person) to provide a written statement that the building work has been carried out in conformity with the proposed Act.

Division 3—Party walls and similar matters

140—Construction of party walls

This clause provides mechanisms setting out the rights of parties in relation to party walls and sets out procedures for agreements between parties relating to building party walls.

141—Rights of building owner

This clause provides rights to maintain party walls, subject to approvals under the Act for building works. Either party may keep a party wall in good repair. Notices and appeals relating to disputes over whether works are necessary are provided for.

142—Power of entry

This clause provides for mechanisms to give effect to the clauses relating to party walls by giving adjacent owners the right to enter land and sets out procedures relating to entry and forced entry.

143—Appropriation of expense

This clause provides a process for apportioning costs of party wall works and for resolution of disputes over the cost.

Division 4—Classification and occupation of buildings

144—Classification of buildings

This clause allows a council to classify buildings and thus determine which provisions of the Building Code apply. A building must not be used except in accordance with its classification.

145—Certificates of occupancy

This clause provides for the issue of certificates of occupancy after the completion of building work. A building must not be occupied unless a certificate of occupancy has been issued.

146—Temporary occupation

This clause provides for temporary occupation without a certificate. This could be used to approve the use of site offices on a building site, or the erection of a large marquee for short term entertainment purposes.

147—Building certifiers

This clause provides for a building certifier to exercise the powers of a council under the proposed Division in relation to Crown buildings or buildings for which the certifier has issued a building consent.

Division 5—Emergency orders

148—Emergency orders

This clause allows certain forms of 'emergency orders' to be issued by authorised officers who hold prescribed qualifications.

Division 6—Swimming pool and building safety

149—Designated safety requirements

This clause enables regulations to specify requirements that are to apply in relation to designated safety features for swimming pools are buildings. The regulations may require a designated owner of a swimming pool or building to ensure that designated safety features are installed and maintained in accordance with prescribed requirements. In addition, the regulations may require the owner of an existing swimming pool or building to ensure that designated safety features are installed, replaced or upgraded before, or on the occurrence of, a prescribed event or install, replace or upgrade designated safety features within a prescribed period.

The Commission may issue a practice direction that requires councils to carry out inspections of swimming pools and buildings to ascertain compliance with the proposed section.

150—Fire safety

This clause provides for councils or other authorities to ensure buildings maintain appropriate fire safety.

Division 7—Liability

151—Negation of joint and several liability in certain cases

This clause provides that responsibility for defective building work will be apportioned between the parties in default according to the extent to which their default contributes to any damage or loss.

152—Limitation on time when action may be taken

This clause restricts the time within which an action for damages for economic loss or rectification costs arising from defective building work to the period of 10 years.

Part 12—Mining—special provisions

153—Mining tenements to be referred in certain cases to Minister

This clause (along with the next clause and the definition of development) operate to exclude designated mining matters (as defined) from development approval. The clause provides a mechanism for the Minister to provide planning and environmental advice to the appropriate Authority (the Minister responsible for mining).

154—Related matters

This clause provides that only the proposed Part applies to operations under the Mining Acts and also makes provision in relation to private mines.

Part 13—Infrastructure frameworks

Division 1—Infrastructure delivery schemes

Subdivision 1—Establishment of scheme

155—Initiation of scheme

The Minister may initiate a proposal for an infrastructure delivery scheme.

156—Scheme coordinator

The Chief Executive must appoint a coordinator for the scheme.

157—Consideration of proposed scheme

The coordinator must give consideration and take certain action in relation to the proposed scheme.

158—Adoption of scheme

The Minister may adopt the arrangements for the proposed scheme.

159—Role of scheme coordinator in relation to delivery of scheme

This clause sets out the functions of the coordinator in relation to the infrastructure delivery scheme.

Subdivision 2—Funding arrangements

160—Funding arrangements

This clause sets out the matters that may be included in funding arrangements for an infrastructure delivery scheme.

161—Government guarantees

This clause provides for government guarantees in relation to the scheme.

162—Exemptions from taxes and levies

This clause provides for exemptions from taxes and levies in relation to the infrastructure delivery scheme.

Subdivision 3—Scheme contributions

163—Application of Subdivision

This clause provides for the application of the proposed Subdivision, including by specifying that contributions to the infrastructure delivery scheme will apply in relation to an area of the State designated as a contribution area by the relevant funding arrangement established under the preceding Subdivision.

The proposed Subdivision establishes a scheme similar to the scheme for the collection of funding for Natural Resources Management Boards under the Natural Resources Management Act 2004.

164—Contributions by constituent councils

This clause operates to require councils within a contribution area established for an infrastructure delivery scheme to make a contribution based on an amount specified by the Minister in accordance with the proposed Subdivision in respect of each financial year to which the Subdivision applies. The clause sets out how contributions of councils will be shared between them.

165—Payment of contributions by councils

This clause requires quarterly payment of contributions by councils in equal instalments.

166—Funds may be expended in subsequent years

This clause makes it clear that funds collected from councils may be spent in a financial year subsequent to the 1 in which the funds were paid.

167—Imposition of charge by councils

Similar to the scheme under the Natural Resources Management Act 2004, councils are required to impose a charge as a separate rate on the rates payable in respect of rateable land in the contribution area. This enables councils to reimburse themselves for amounts contributed to an infrastructure delivery scheme.

168—Costs of councils

The regulations are to provide for a scheme relating to the amounts that councils may be paid for their costs in complying with the requirements of the proposed Subdivision.

Subdivision 4—Statutory funds

169—Establishment of funds

The Chief Executive must establish a fund for the purposes of each infrastructure delivery scheme that provides for the imposition of a charge under the preceding Subdivision.

170—Audit of funds

The Auditor-General will audit each fund established for the purposes of an infrastructure delivery scheme.

Subdivision 5—Winding up

171—Winding up

The Minister may wind up an infrastructure delivery scheme.

Division 2—Infrastructure powers

172—Interpretation

This clause inserts definitions for the purposes of the proposed Division (including designated entity).

173—Infrastructure works

Infrastructure works are defined for the purposes of the proposed Division.

174—Authorised works

A designated entity may carry out any infrastructure works if authorised to so do by or under the proposed Act or any other Act. An authorisation could be (for example) included in arrangements relating to an infrastructure delivery scheme.

175—Entry onto land

A designated entity is authorised to enter land in connection with the exercise of its powers under the proposed Division.

176—Acquisition of land

This clause enables the compulsory acquisition of land for a purpose associated with infrastructure works.

Division 3—Related provisions

177—Incorporation of Chief Executive

The Chief Executive is constituted as a body corporate for the purposes of the proposed Part.

178—Step in powers

This clause authorises the Chief Executive to take over any work envisaged by an infrastructure delivery scheme established under the proposed Part (with the approval of the Minister and after consultation with the coordinator).

Part 14—Land management agreements

179—Land management agreements

This clause provides for a designated authority (being the Minister, another Minister or a council) to enter into an agreement relating to the development, management, preservation or conservation of land with the owner of the land. The clause also provides for registration of agreements.

180—Land management agreements—development applications

This clause provides for a designated authority to enter into an agreement with a person who is applying for a development authorisation that will, in the event that the relevant development is approved, bind the person, any other person who has the benefit of the development authorisation and (if relevant) the owner of the relevant land (so long as certain requirements set out in the clause are met).

Part 15—Funds and off-set schemes

Division 1—Planning and Development Fund

181—Continuance of the Fund

This clause continues the Planning and Development Fund in existence.

182—Application and management of Fund

This clause sets out how the Fund may be applied.

183—Accounts and audit

This clause provides for auditing of the accounts of the Fund.

Division 2—Off-set schemes

184—Off-setting contributions

A designated entity may establish a scheme under this section that is designed to support or facilitate certain developments and initiatives. A scheme could include an ability for a person who is proposing to undertake development (or who has the benefit of an approval under this Act) to make a contribution to a fund established as part of the scheme, or to undertake work or to achieve some other goal or outcome (on an 'in kind' basis), or a combination of both.

An example of a contribution on an 'in kind' basis could be the provision of a child care centre within or near a development of a large building.

185—Open space contribution scheme

This clause effectively continues the open space contribution scheme established under the Development Act 1993.

186—Multi-unit buildings

This clause provides for the Commission to require an applicant for planning consent for a building designed to include 2 or more apartments, units or other residential place capable of being divided into 2 or more allotments to make a contribution in accordance with the clause. The rates of contribution under the clause must be consistent with the rates applying under the open space contribution scheme. In addition, if the building is subsequently divided into allotments, the liability under the open space contribution scheme is to be adjusted to reflect the fact that payments have made under this clause.

187—Urban trees funds

This clause replicates the existing provision (in the Development Act 1993) that enables urban trees funds to be established.

Part 16—Disputes, reviews and appeals

Division 1—General rights of review and appeal

188—Interpretation

This clause defines prescribed matter for the purposes of the Division.

189—Rights of review and appeal

This clause established appeal rights to the Court for applicants aggrieved by decisions under the proposed Act, and for other parties as stated. The clause also provides that specific provisions elsewhere in the Act can override the general appeal provisions in the clause.

The clause also provides for referrals of appeals involving building matters to a commissioner.

190—Application to assessment panel

This clause provides for a review of a prescribed matter by an assessment panel where an assessment manager acted as the relevant authority.

191—Applications to Court

This clause sets out requirements in relation to applications to the Court.

192—Powers of Court in determining any matter

This clause sets out the powers of the court in relation to proceedings under the proposed Act.

193—Special provision relating to building referees

This clause provides for a commissioner or commissioners to whom a building dispute is referred under the proposed Part to determine the matter as a building referee or as building referees and to have the powers of arbitrators under the Commercial Arbitration Act 2011.

Division 2—Initiation of proceedings to gain a commercial competitive advantage

194—Preliminary

Definitions and interpretative provisions are set out for the purposes of the proposed Division.

195—Declaration of interest

This clause requires the disclosure of a commercial competitive interest by persons who commence or are a party to proceedings under the proposed Act.

196—Right of action in certain circumstances

This clause provides for a proponent of a development to recover loss suffered by the proponent as a result of delays to the development on account of proceedings conducted or financed by a person with a commercial competitive interest in the proceedings.

Part 17—Authorised officers

197—Appointment of authorised officers

This clause provides for the appointment of authorised officers for the purposes of the proposed Act.

198—Powers of authorised officers to inspect and obtain information

This clause sets out the powers of authorised officers in relation to inspections and obtaining information.

Part 18—Enforcement

Division 1—Civil enforcement

199—Interpretation

This clause sets out matters which constitute a breach of the proposed Act for civil enforcement proceedings and defines a designated authority for the purposes of the proposed Division.

200—Enforcement notices

This clause enables a relevant authority to direct that a contravention of the Act be remedied.

201—Applications to Court

This clause provides for a general civil enforcement power to the Court. This clause allows any person to commence an action. However, the Court may require that a bond be paid by an applicant in appropriate cases. Exemplary damages may be awarded against a respondent in certain circumstances.

Division 2—General offences and provisions relating to offences

Subdivision 1—General offences

202—General offences

This clause set outs general provisions relating to offences.

203—Offences relating specifically to building work

This clause provides for offences relating specifically to building work.

204—False or misleading information

This clause makes it an offence to provide false or misleading information for the purposes of the proposed Act.

Subdivision 2—General provisions relating to offences

205—Criminal jurisdiction of Court

This clause provides that offences constituted by the proposed Act lie within the criminal jurisdiction of the Court.

206—Proceedings for offences

This clause sets out who may commence proceedings for an offence under the proposed Act and time limits for matters to be pursued as breaches of the Act.

207—Offences by bodies corporate—responsibility of officers

This clause sets out provisions relating to offences by bodies corporate, in particular about the responsibility of officers of bodies corporate.

208—Penalties for bodies corporate

The maximum penalty that may be imposed for an offence against this Act that is committed by a body corporate is 5 times the maximum penalty that the court could, but for this section, impose as a penalty for an offence.

209—Order to rectify breach

This clause allows the Court, in its criminal jurisdiction, to make orders to rectify breaches of the Act. It avoids the need for 1 matter to be heard by the Court in 2 jurisdictions.

210—Adverse publicity orders

The Court may make an adverse publicity order against a person found guilty of an offence against the Act.

211—Proceedings commenced by councils

This clause provides for a mechanism to ensure that a fine paid to a clerk of the court in prescribed proceedings for an offence commenced by a council is forwarded to the council by the clerk.

Division 3—Civil penalties

212—Civil penalties

This clause inserts a standard civil penalties regime so that the Commission may, as an alternative to criminal proceedings, recover, by negotiation or by application to the Court, an amount as a civil penalty in respect of a contravention of the Act.

Division 4—Other matters

213—Imputation of conduct or state of mind of officer, employee etc

This clause is a standard technical provision for the imputation of the conduct or state of mind of an officer, employee or agent of a body corporate acting within the scope of his or her actual, usual or ostensible authority to be imputed to the body corporate.

214—Statement of officer evidence against body corporate

This clause is a standard technical provision providing that a statement made by an officer of a body corporate is admissible as evidence against the body corporate.

215—Make good orders

This clause enables the Court to require that a contravention of the Act that involved the undertaking of a tree-damaging activity be remedied.

216—Recovery of economic benefit

This clause enables the Court to require that a person who has contravened the Act pay to the Commission an amount that represents the Court's estimate of economic benefit acquired by the person (in addition to any penalty imposed by the Court).

217—Enforceable voluntary undertakings

The Chief Executive may accept written enforceable voluntary undertakings.

Part 19—Regulation of advertisements

218—Advertisements

This clause provides that either the council or the Commission may order the removal of outdoor advertisements considered unsightly.

Part 20—Miscellaneous

219—Constitution of Environment, Resources and Development Court

This clause makes provision in relation to the constitution of the Environment, Resources and Development Court when exercising jurisdiction under the proposed Act.

220—Exemption from certain action

This clause effectively provides that public bodies and officials may only be held liable for their actions during the assessment and approval processes, and not thereafter.

221—Insurance requirements

This clause provides for mandatory insurance in appropriate cases.

222—Professional advice to be obtained in relation to certain matters

This clause provides for the use of professional advisers in certain circumstances. The Minister may give full or conditional recognition to professional advisers required under various provisions of the proposed Act.

223—Confidential information

This clause seeks to ensure that persons involved in administration of the proposed Act do not misuse information obtained by virtue of the proposed Act.

224—Accreditation of building products etc

This clause enables accreditation of building products.

225—Copyright issues

This clause makes provision in relation to copyright issues relating to the publication of documents etc. by the Minister, the Commission or the Chief Executive acting for the services of the State.

226—Charges on land

This clause sets out a scheme for securing a charge on land created under the Act.

227—Registering authorities to note transfer

This clause sets out a scheme for the registering or recording of a transfer of assets, rights or liabilities to the Minister or another body under the proposed Act.

228—Approvals by Minister or Treasurer

This clause makes provision in relation to approvals by the Minister or Treasurer under the proposed Act.

229—Compulsory acquisition of land

This clause enables the compulsory acquisition of land where necessary to implement the Planning and Design Code, a development authorisation of a prescribed class or to further the objects of the Act.

230—Regulations

This clause contains general regulation making powers to supplement the specific head powers provided throughout the proposed Act and in the Schedule that sets out specific regulation making powers.

Schedule 1—Disclosure of financial interests

This Schedule provides for the disclosure of financial interests by prescribed members of designated entities.

Schedule 2—Subsidiaries of joint planning boards

This Schedule provides for joint planning boards to establish subsidiaries (in a similar manner to the establishment of subsidiaries under the Local Government Act 1999) by applying to the Minister under the Schedule.

Schedule 3—Codes of conduct and professional standards

This Schedule provides for codes of conduct for various persons and bodies who perform functions under the Act. The regulations may require compliance with a code of conduct or regulate the conduct of accredited professionals.

Schedule 4—Performance targets and monitoring

This Schedule provides for the setting of performance targets and monitoring of the achievement of those targets by those who perform functions under the Act.

Schedule 5—Regulations

This Schedule provides for specific regulation making powers.

Schedule 6—Repeal and certain amendments

This Schedule provides for the repeal of the Development Act 1993 and certain related amendments necessary for the purposes of the measure. Other related amendments and transitional provisions will be included in an 'Implementation' Bill.

Debate adjourned on motion of Mr Speirs.

Mr SPEIRS: Madam Deputy Speaker, I draw your attention to the state of the house.

A quorum having been formed: