Bills

Planning, Development and Infrastructure 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 16, line 30—Delete subparagraph (i)

No. 2. Clause 4, page 21, line 36—After 'such longer period' insert '(not exceeding 5 years)'

No. 3. Clause 5, page 22, after line 9—Insert:

(1a) The first proclamation that constitutes Greater Adelaide for the purposes of this Act must be consistent with Greater Adelaide as defined by the plan deposited in the General Registry Office at Adelaide and numbered G16/2015 (being the plan as it existed on 1 December 2015).

No. 4. Clause 5, page 22, after line 35—Insert:

(4a) The Minister must seek advice from the Commission under subsection (4)(a) before proceeding to give notice to a council under subsection (4)(b) and, in giving that notice, must furnish to the council a copy of the Commission's advice.

No. 5. Clause 6, page 23, lines 19 and 20—Delete subclause (3) and substitute:

(3) The Minister must, before a notice is published under this section—

(a) seek the advice of the Commission; and

(b) give any council that will be directly affected notice of the Minister's proposed course of action and give consideration to any submission made by a council within a period (being at least 28 days) specified in the notice,

and the Minister may consult in relation to a proposed notice with any other person or body as the Minister thinks fit.

(3a) The Minister must seek the advice of the Commission under subsection (3)(a) before proceeding to give notice to a council under subsection (3)(b) and, in giving that notice, must furnish to the council a copy of the Commission's advice.

No. 6. Clause 7, page 23, line 24 to page 25, line 30—Delete the clause and substitute:

7—Environment and food production areas—Greater Adelaide

(1) On the commencement of this section, the environment and food production areas as defined by the plan deposited in the General Registry Office at Adelaide and numbered G17/2015 (being the plan as it existed on 1 December 2015) are established within Greater Adelaide.

(2) The Minister must ensure that a copy of the plan referred to in subsection (1) is published on the SA planning portal.

(3) In making any decision under this section (following the establishment of the initial environment and food production areas under subsection (1)), the Commission must ensure that areas of rural, landscape, environmental or food production significance within Greater Adelaide are protected from urban encroachment and the Commission may only vary an environment and food production area if the Commission is satisfied—

(a) that—

(i) an area or areas within Greater Adelaide outside environment and food production areas are unable to support the principle of urban renewal and consolidation of existing urban areas; and

(ii) adequate provision cannot be made within Greater Adelaide outside environment and food production areas to accommodate housing and employment growth over the longer term (being at least a 15 year period); or

(b) that the variation is trivial in nature and will address a recognised anomaly.

(4) If an area of land that is, or is included in, a character preservation area under a character preservation law ceases to be, or to be included in, a character preservation area, the area of land will, at the time of the cessation, by force of this subsection, be taken to be an environment and food production area established under this section.

(5) The following provisions will apply in relation to a proposed development in an environment and food production area that involves a division of land that would create 1 or more additional allotments:

(a) a relevant authority, other than the Commission or the Minister, must not grant development authorisation to the development unless the Commission concurs in the granting of the authorisation;

(b) if the Commission is the relevant authority, the Commission must not grant development authorisation to the development unless the council for the area where the proposed development is situated concurs in the granting of the authorisation;

(c) no appeal lies against a refusal by a relevant authority to grant development authorisation to the development or a refusal by the Commission or a council to concur in the granting of such an authorisation;

(d) if the proposed development will create additional allotments to be used for residential development, the relevant authority must refuse to grant development authorisation in relation to the proposed development;

(e) a development authorisation granted in relation to the proposed development will be taken to be subject to the condition that the additional allotments created will not be used for residential development.

(6) In acting under subsection (5)(a), the Commission must take into account the objective that areas of rural, landscape, environmental or food production significance within Greater Adelaide should be protected from urban encroachment.

(7) For the avoidance of doubt, the establishment of 1 or more environment and food production areas does not affect the operation of this Act, a Mining Act or any other Act, except as provided in subsection (5).

(8) Subject to this section, the Commission may, from time to time, by notice published in the Gazette and on the SA planning portal, vary an environment and food production area (including an environment and food production area established (or taken to be established) under this section).

(9) The Commission may only act under subsection (8) if—

(a) the Commission has conducted an inquiry into the matter and furnished a report on the outcome of the inquiry to the Minister; or

(b) the Commission has conducted a review in accordance with subsection (10) and furnished a report on the outcome of the review to the Minister.

(10) The Commission must conduct a review under subsection (9)(b) on a 5 yearly basis.

(11) The purpose of a review under subsection (9)(b) is to assess the matters set out in subsection (3)(a).

(12) If the Commission publishes a notice under subsection (8), the Minister must, within 6 sitting days after publication of the notice, cause a copy of—

(a) the notice; and

(b) (at the same time as the notice is laid before Parliament) the report of the Commission under subsection (9)(a) or (b) (as the case requires),

to be laid before both Houses of Parliament.

(13) If either House of Parliament, acting in pursuance of a notice of motion, passes a resolution disallowing a notice laid before it under subsection (12) the notice cannot take effect.

(14) A resolution is not effective for the purposes of subsection (13) unless the resolution is passed within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the notice was laid before the House.

(15) If a resolution is passed under subsection (13), notice of that resolution must immediately be published in the Gazette.

(16) If or when a notice laid before both Houses of Parliament under subsection (12) can take effect after taking into account the operation of subsection (13) and (14), the Commission may, by notice published on the SA planning portal, fix a day on which the notice will come into operation.

(17) A notice under this section may define an area by a plan deposited in the General Registry Office (as it exists at a specified date), or in some other way as the Commission thinks fit.

(18) In this section—

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.

No. 7. Clause 12, page 26, line 27—Delete 'prosperity' and substitute:

liveability and prosperity in ways that are ecologically sustainable and meet the needs and expectations, and reflect the diversity, of the State's communities

No. 8. Clause 12, page 27, line 12—After 'practices' insert:

, including by providing for policies and principles that support or promote universal design for the benefit of people with differing needs and capabilities

No. 9. Clause 14, page 27, lines 32 and 33—Delete 'responsive to emerging challenges, changing trends' and substitute 'able to respond to emerging challenges'

No. 10. Clause 14, page 28, after line 13—Insert:

(iiia) built form and the public realm should be designed to be inclusive and accessible to people with differing needs and capabilities (including through the serious consideration of universal design practices);

No. 11. Clause 18, page 30, line 30—Delete 'Minister' and substitute 'Governor on the nomination of the Minister'

No. 12. Clause 18, page 30, line 31—Delete 'the Chief Executive' and substitute:

a public sector employee (other than the Chief Executive) who is responsible, under a Minister, for assisting in the administration of this Act, designated by the Minister by notice in the Gazette

No. 13. Clause 18, page 30, line 32 to page 31, line 9—Delete subclauses (2) and (3) and substitute:

(2) The Minister must, when nominating persons for appointment as members of the Commission, seek to ensure that, as far as is practicable, the members of the Commission collectively have qualifications, knowledge, expertise and experience in the following areas:

(a) economics, commerce or finance;

(b) planning, urban design or architecture;

(c) development or building construction;

(d) the provision of or management of infrastructure or transport systems;

(e) social or environmental policy or science;

(f) local government, public administration or law.

No. 14. Clause 18, page 31, after line 9—Insert:

(3a) In making an appointment that is relevant to the operation of subsection (3)(f) insofar as it relates to local government, the Minister must take reasonable steps to consult with the LGA before the appointment is made.

No. 15. Clause 18, page 31, line 12—Delete 'Minister may' and substitute 'Governor may, on the recommendation of the Minister,'

No. 16. Clause 20, page 31, line 36—Delete 'Minister' and substitute 'Governor on the recommendation of the Minister'

No. 17. Clause 20, page 31, line 39—Delete 'Minister may' and substitute 'Governor may, on the recommendation of the Minister,'

No. 18. Clause 21, page 32, line 15—Delete 'Minister' and substitute 'Governor on the recommendation of the Minister'

No. 19. Clause 24, page 34, lines 30 to 33—Delete paragraph (b)

No. 20. Clause 30, page 37, lines 6 and 7—Delete paragraph (b)

No. 21. Clause 35, page 39, after line 12—Insert:

(1a) If a proposed planning agreement will include any part of the area of a council, the Minister must (unless the proposal has been initiated by the council) ensure that the council is specifically invited to be a party to the agreement (on reasonable terms and conditions) under subsection (1)(a).

No. 22. Clause 41, page 42, lines 36 and 37—Delete 'consult with the other parties to the relevant planning agreement' and substitute:

—

(a) consult with the other parties to the relevant planning agreement; and

(b) seek the advice of the Commission.

No. 23. Clause 44, page 44, line 23—Delete 'Minister' and substitute 'Commission'

No. 24. Clause 44, page 44, line 26—After 'reasonable,' insert 'timely,'

No. 25. Clause 44, page 44, line 27—After 'opportunities' insert 'to gain access to information about proposals to introduce or change planning policies and'

No. 26. Clause 44, page 45, line 11—After 'Minister' insert ', acting on the advice of the Commission'

No. 27. Clause 44, page 45, after line 23—Insert:

(5a) The charter must, in relation to any proposal to prepare or amend a designated instrument under Part 5 Division 2 Subdivision 5 that is relevant to 1 or more councils, provide for consultation with—

(a) if the proposal is specifically relevant to a particular council or councils—that council or those councils (unless the proposal has been initiated by the council, or those councils); or

(b) if the proposal is generally relevant to councils—the LGA.

No. 28. Clause 44, page 45, line 39—After 'this Act' insert:

unless the failure is under a provision that requires compliance with the charter for the purposes of consultation in relation to a particular matter

No. 29. Clause 45, page 46, line 9—Delete paragraph (a)

No. 30. Clause 45, page 46, lines 10 and 11—Delete 'on behalf of the Minister (at the direction or with the approval of the Minister)' and substitute 'on its own initiative or at the request of the Minister'

No. 31. Clause 45, page 46, after line 15—Insert:

(ia) the LGA; and

No. 32. Clause 45, page 46, after line 16—Insert:

(iii) any other entity the Commission thinks fit; and

No. 33. Clause 45, page 46, line 35—Delete 'Minister' and substitute 'Commission'

No. 34. Clause 45, page 46, line 39—Delete 'Minister' and substitute 'Commission'

No. 35. Clause 46, page 47, lines 20 to 24—Delete paragraphs (a) and (b) and substitute:

(a) resolve that it does not object to the charter or amendment; or

(b) resolve to suggest amendments; or

(c) resolve to object to the charter or amendment.

No. 36. New clause, page 48, after line 28—Insert:

46A—Commencement and publication

The Minister must ensure that an up-to-date copy of the charter is published on the SA planning portal and available for inspection and downloading without charge.

No. 37. Clause 47, page 48, line 34—After 'information' insert 'and community participation in the planning system'

No. 38. Clause 47, page 49, after line 10—Insert:

(5) The SA planning portal must also include a facility that allows members of the public to be notified directly about specified classes of matters or issues that are of interest to them (subject to any rules, requirements, restrictions or exclusions determined by the Chief Executive for the purposes of this subsection and subject to any determination of the Chief Executive as to the cost, practicality and viability of providing such a service).

No. 39. Clause 52, page 50, line 36—After 'planning' insert 'and assessment'

No. 40. Clause 53, page 51, line 3—After 'Gazette' insert 'and on the SA planning portal'

No. 41. Clause 53, page 51, after line 6—Insert:

(ab) commercial value or sensitivity; or

No. 42. Clause 55, page 51, after line 32—Insert:

(3a) The Chief Executive must take reasonable steps to consult with the LGA before setting or varying a contribution to be paid by a council under subsection (2).

No. 43. Clause 56, page 52, after line 14—Insert:

(ca) rules should aim to achieve consistency while providing for local variations that reflect special or unique character at the local level;

(cb) rules and standards must seek to protect the environment and the pursuit or ecologically sustainable development;

No. 44. Clause 57, page 52, line 32—Delete 'Minister' and substitute 'Commission'

No. 45. Clause 57, page 53, line 6—Delete 'Minister' and substitute 'Commission'

No. 46. Clause 57, page 53, line 9—Delete 'Minister' and substitute 'Commission'

No. 47. Clause 58, page 53, line 15—Delete 'Minister' and substitute 'Commission'

No. 48. Clause 58, page 53, after line 17—Insert:

(2) The design quality policy must include specific policies and principles with respect to the universal design of buildings and places to promote best practice in access and inclusion planning.

No. 49. Clause 59, page 53, line 19—Delete 'Minister' and substitute 'Commission'

No. 50. New clause, page 53, after line 21—Insert:

59A—Adaptive re-use

The Minister must ensure that there is a specific state planning policy (to be called the adaptivere-use policy) that specifies policies and principles that are to be applied to encourage and support the adaptive re-use of buildings and places.

No. 51. New clause, page 53, after line 21—Insert:

59B—Climate change policy

The Minister must ensure that there is a specific state planning policy (to be called the climate change policy) that specifies policies and principles that are to be applied with respect to minimising adverse effects of decisions made under the Act on the climate and promoting development that is resilient to climate change.

No. 52. Clause 60, page 53, line 23—Delete 'Minister must, after consultation with the Commission' and substitute 'Commission must, after seeking the advice of the Minister'

No. 53. Clause 60, page 53, line 30—Delete 'Minister' and substitute 'Commission'

No. 54. Clause 60, page 53, line 33—Delete 'Minister may, after consultation with the Commission' and substitute 'Commission may, after seeking the advice of the Minister'

No. 55. Clause 60, page 53, line 35—Delete 'Minister' and substitute 'Commission'

No. 56. Clause 60, page 53, after line 38—Insert:

(aa) does not have effect unless it is approved by the Minister by notice published in the Gazette; and

No. 57. Clause 61, page 54, line 5—Delete 'Minister' and substitute 'Commission'

No. 58. Clause 61, page 54, line 9—Delete 'Minister' and substitute 'Commission'

No. 59. Clause 61, page 54, line 21—Delete 'Minister' and substitute 'Commission'

No. 60. Clause 61, page 54, line 30—Delete 'Minister' and substitute 'Commission'

No. 61. Clause 62, page 55, line 4—Delete 'Minister' and substitute 'Commission'

No. 62. Clause 63, page 55, after line 21—Insert:

(iv) support the adaptive re-use of buildings and places in cases determined to be appropriate under the Planning and Design Code; and

No. 63. Clause 63, page 55, line 25—Delete 'Minister' and substitute 'Commission'

No. 64. Clause 63, page 55, line 28—Delete 'Minister' and substitute 'Commission'

No. 65. Clause 63, page 56, line 4—Delete 'or modification'

No. 66. Clause 63, page 56, line 5—Delete ', including by permitting' and substitute 'to provide for necessary and appropriate local variations in specified circumstances, including by permitting in the Code'

No. 67. Clause 63, page 56, lines 6 and 7—Delete 'specified parameters' and substitute 'parameters specified in the Code'

No. 68. Clause 63, page 56, lines 8 and 9—Delete 'specified parameters' and substitute 'parameters specified in the Code'

No. 69. Clause 63, page 56, line 10—After 'development' insert ', specified in the Code,'

No. 70. Clause 64, page 56, line 33—Delete 'Minister' and substitute 'Commission'

No. 71. Clause 64, page 57, after line 3—Insert:

(4) In addition, an area cannot be designated under an amendment to the Planning and Design Code as constituting a heritage charter or preservation zone or subzone unless the amendment has been approved by persons who, at the time that consultation in relation to the proposed amendment is initiated under the Community Engagement Charter, constitute at least the prescribed percentage of owners of allotments within the relevant area (on the basis of 1 owner per allotment being counted under a scheme prescribed by the regulations).

(5) In this section—

prescribed percentage means 51% of relevant owners of allotments within a relevant area.

No. 72. Clause 66, page 57, line 34—Delete 'Minister' and substitute 'Commission'

No. 73. Clause 70, page 59, line 3—Delete paragraph (a)

No. 74. Clause 70, page 59, lines 4 and 5—Delete 'on behalf of the Minister (at the direction of or with the approval of the Minister)' and substitute 'on its own initiative or at the request of the Minister'

No. 75. Clause 70, page 59, line 8—Delete paragraph (a)

No. 76. Clause 70, page 59, lines 9 and 10—Delete 'on behalf of the Minister (at the direction of the Minister or with the approval of the Minister)' and substitute 'on its own initiative or at the request of the Minister'

No. 77. Clause 70, page 59, line 11—After 'Minister' insert ', acting on the advice of the Commission'

No. 78. Clause 70, page 59, line 12—Delete subparagraph (i)

No. 79. Clause 70, page 59, line 32—After 'entity' insert 'and charge the person or entity reasonable costs associated with doing so'

No. 80. Clause 70, page 60, after line 2—Insert:

(ba) to the extent that paragraph (b) does not apply, in the case of a proposed amendment to a regional plan that has been prepared by a joint planning board where the amendment is not being proposed by the joint planning board—must consult with the joint planning board; and

No. 81. Clause 70, page 60, after line 2—Insert:

(bb) to the extent that paragraph (b) does not apply, in the case of a proposed amendment to the Planning and Design Code that will have a specific impact on 1 or more particular pieces of land in a particular zone or subzone (rather than more generally)—must take reasonable steps to give—

(i) an owner or occupier of the land; and

(ii) an owner or occupier of each piece of adjacent land,

a notice in accordance with the regulations; and

No. 82. Clause 70, page 60, line 3—Delete 'Minister' and substitute 'Commission'

No. 83. Clause 70, page 60, line 6—Delete 'Minister' and substitute 'Commission'

No. 84. Clause 70, page 60, lines 11 and 12—Delete '(except where the designated entity is the Minister)'

No. 85. Clause 70, page 60, after line 12—Insert:

(7a) The designated entity must, after furnishing a report to the Minister under subsection (7), ensure that a copy of the report is published on the SA planning portal in accordance with a practice direction that applies for the purposes of this section.

No. 86. Clause 70, page 60, line 15—After 'this section' insert:

(subject to the requirement to charge costs under subsection (4)(b) (if relevant))

No. 87. Clause 70, page 60, after line 30—Insert:

(9a) The Minister must, within 5 business days after taking action under subsection (9), cause to be published on the SA planning portal a copy of any final advice furnished to the Minister by the Commission for the purposes of this section.

No. 88. Clause 71, page 61, after line 35—Insert:

(7a) If—

(a) the ERD Committee is proposing to suggest an amendment under subsection (4); and

(b) the amendment is specifically relevant to a particular council or councils,

then—

(c) the ERD Committee must, before resolving to suggest the amendment, refer the amendment to the council or councils for comment and a response within the period of 2 weeks; and

(d) any period applying under subsection (5), (6) or (7) will be extended, by force of this subsection, by an additional 21 days.

No. 89. Clause 72, page 62, line 30—After 'may' insert ', after seeking the advice of the Commission,'

No. 90. Clause 72, page 62, after line 40—Insert:

(1a) An amendment under subsection (1) must be the subject of consultation under the Community Engagement Charter.

No. 91. Clause 72, page 62, lines 41 and 42—Delete subclause (2)

No. 92. Clause 73, page 63, lines 36 to 38—Delete paragraph (c) and substitute:

(c) in order to provide consistency between the designated instrument and section 7(5) after a notice under section 7(8) has taken effect in accordance with that section; or

No. 93. Clause 73, page 64, after line 23—Insert:

(3a) The Minister must consult with the Commission before making an amendment under this section.

No. 94. New clause, page 64, after line 29—Insert:

73A—Publication

The Minister must ensure that an up-to-date copy of each designated instrument is published on the SA planning portal and available for inspection and downloading without charge.

No. 95. Clause 74, page 64, lines 32 to 39—Delete subclause (1) and substitute:

(1) If the Minister is of the opinion that it is necessary in the interests of the orderly and proper development of an area of the State that—

(a) an amendment to a regional plan should come into operation without delay; or

(b) the Planning and Design Code or a design standard should come into operation without delay in order to counter applications for undesirable development ahead of the outcome of the consideration of the amendment under this Part,

the Minister may, at the same time as, or at any time after, the amendment is released for public consultation under the Community Engagement Charter under this Part, and without the need for any other consultation or process, by notice published in the Gazette, declare that the amendment will come into operation on an interim basis on a day specified in the notice.

No. 96. Clause 74, page 64, after line 39—Insert:

(1a) For the purposes of subsection (1)(b), undesirable development, in relation to a proposed amendment to the Planning and Design Code or a design standard, is development that would detract from, or negate, an object of the amendment.

(1b) The Minister must consult with the Commission before the Minister acts under subsection (1).

No. 97. Clause 74, page 65, after line 18—Insert:

(7) Despite any other provision of this Act, while an amendment to the Planning and Design Code or a design standard is in interim operation under this section—

(a) any application for planning consent in respect of which the amendment is relevant must be assessed against the provisions of the Planning and Design Code or design standard immediately before the amendment was made and the provisions of the Planning and Design Code or design standard after the amendment was made and if the decision on the application would be different depending on which version of the Planning and Design Code or design standard applies (including with respect to any condition that would apply in relation to the development)—

(i) planning consent must not be granted until the amendment is no longer in interim operation; and

(ii) the application must then be assessed at the end of the period of interim operation against the provisions of the Planning and Design Code or design standard as in force immediately after the end of that period (and section 126(2) will not apply); and

(iii) any period that applies under section 119 will be suspended while the application is subject to the operation of this paragraph; and

(b) if the amendment reduces the level of notification or consultation required under this Act, any application for planning consent in respect of which this aspect of the amendment is relevant must be considered as if the amendment to the Planning and Design Code or design standard had not been made (unless or until the amendment is no longer in interim operation).

No. 98. Clause 76, page 65, line 34—After 'may,' insert 'after consultation with the Commission,'

No. 99. Clause 76, page 65, line 40—After 'sustainability' insert ', adaptive re-use'

No. 100. Clause 76, page 66, after line 1—Insert:

(1a) In particular, the Minister must publish a Ministerial building standard under subsection (1) that relates to adaptive re-use of buildings constructed before 1 January 1980.

No. 101. Clause 76, page 66, line 5—After 'may,' insert 'after consultation with the Commission,'

No. 102. New clause, page 66, after line 6—Insert:

76A—Publication

The Minister must ensure—

(a) that an up-to-date copy of the Building Code as it applies under this Act; and

(b) that any Ministerial building standard,

is published, or is capable of being accessed, on or via the SA planning portal and is available for inspection and downloading without charge.

No. 103. Clause 78, page 67, line 3—After 'members' insert ', only 1 of which may be a member of a council,'

No. 104. Clause 78, page 67, lines 19 and 20—Delete paragraph (d) and substitute:

(d) a person who is a member of the Parliament of the State is not eligible to be appointed as a member of an assessment panel;

No. 105. Clause 78, page 67, after line 33—Insert:

(i) in the case of an assessment panel appointed by a council—the council must substitute the existing members of the panel with new members if directed to do so by the Minister acting on recommendation of the Commission under section 80A.

No. 106. Clause 78, page 67, after line 33—Insert:

(1a) Subsection (1)(c) does not apply if—

(a) the person is a member, or former member, of a council; and

(b) the designated authority is satisfied that the person is appropriately qualified to act as a member of the assessment panel on account of the person's experience in local government.

No. 107. Clause 79, page 68, lines 26 to 32—Delete paragraph (d) and substitute:

(d) in relation to a local assessment panel—the Minister may only constitute a local assessment panel if the Minister is acting on the recommendation of the Commission under section 80A;

No. 108. Clause 79, page 68, line 36—After 'members' insert ', provided that only 1 member of the assessment panel may be a member of a council'

No. 109. Clause 79, page 69, lines 5 and 6—Delete paragraph (f)

No. 110. New clause, page 69, after line 37—Insert:

80A—Substitution of local panels

(1) If the Minister has reason to believe that an assessment panel appointed by a council has consistently failed to comply with a requirement under this Act, the Minister may request the Commission to conduct an inquiry under this section.

(2) The Commission, in conducting an inquiry—

(a) must consult with the relevant council; and

(b) may undertake such other investigations as the Commission thinks fit.

(3) The Commission may, at the conclusion of the inquiry—

(a) recommend to the Minister—

(i) that the Minister issue a direction under section 78(1)(i); or

(ii) that the Minister appoint a local assessment panel under section 79(1)(d); or

(b) advise the Minister that no action is warranted in the circumstances of the case.

(4) In connection with subsection (3)—

(a) the Commission may only make a recommendation under subsection (3)(a) if satisfied that the assessment panel appointed by the council has consistently failed to comply with a requirement under this Act; and

(b) if the Minister acts on a recommendation under subsection (3)(a)(ii), the assessment panel appointed by the council will be removed by force of this provision (and a local assessment panel appointed by the Minister will be substituted).

No. 111. Clause 93, page 76, line 20—Delete 'assessed' and substitute 'approved'

No. 112. Clause 93, page 76, after line 21—Insert:

(4) The notice of a decision of a council granting a development approval must include the name and contact details of every other entity that has acted as a relevant authority in relation to that approval.

No. 113. Clause 94, page 76, line 24—After 'A relevant authority' insert ', other than an accredited professional,'

No. 114. Clause 96, page 77, lines 11 and 12—Delete 'the requirement that the development is assessed as being appropriate after taking into account'

No. 115. Clause 101, page 80, after line 39—Insert:

and

(c) to the extent that paragraph (b) applies—the development must not be granted planning consent if it is, in the opinion of the relevant authority, seriously at variance with the Planning and Design Code (disregarding minor variations).

No. 116. Clause 102, page 82, after line 15—Insert:

(2a) If the Minister proposes to make a declaration under subsection (1)(c) is respect of a development that will, if the development proceeds, be situated wholly or partly within the area of a council, the Minister must notify the council before making the declaration.

No. 117. Clause 102, page 82, after line 18—Insert:

(3a) A regulation under subsection (1)(b) or a declaration under subsection (1)(c) cannot apply with respect to a development or project within the Adelaide Park Lands (within the meaning of the Adelaide Park Lands Act 2005).

No. 118. Clause 102, page 82, after line 29—Insert:

(7) The Minister must, in acting under subsection (1)(c), take into account principles prescribed by the regulations.

No. 119. Clause 104, page 84, after line 12—Insert:

(2a) If a person is to appear personally or by representative before the Commission to be heard in support of a representation made, the Commission must, at least 5 business days before the appearance, ensure that—

(a) a copy of the application and any accompanying documents; and

(b) a copy of any report prepared by or on behalf of the Commission in relation to the application,

are published on the SA planning portal and available for inspection and downloading without charge.

No. 120. Clause 104, page 84, lines 13 to 15—Delete subclause (3)

No. 121. Clause 107, page 87, after line 18—Insert:

(ab) the expected effects of the development on the climate and any proposed measures designed to mitigate or address those effects;

No. 122. Clause 107, page 89, after line 11—Insert:

and

(c) ensure that a copy of the Assessment Report is published on the SA planning portal.

No. 123. Clause 109, page 92, line 9—Delete '$250,000' and substitute '$120,000'

No. 124. Clause 112, page 93, line 21—After 'Building Code' insert 'or a Ministerial building standard'

No. 125. Clause 112, page 93, line 23—After 'Building Code' insert 'or a Ministerial building standard'

No. 126. Clause 112, page 93, line 33—After 'Building Code' insert 'or a Ministerial building standard (as the case maybe)'

No. 127. Clause 112, page 94, line 4—After 'Building Code' insert 'or a Ministerial building standard'

No. 128. Clause 112, page 94, line 7—After 'Building Code' insert 'or a Ministerial building standard'

No. 129. Clause 112, page 94, line 22—After 'Building Code' insert 'or a Ministerial building standard'

No. 130. Clause 114, page 97, after line 24—Insert:

(3a) However, if—

(a) there has been a material change to 1 or more elements of the development; or

(b) a new or additional matter requires assessment (subject to any variations allowed by a practice direction),

then—

(c) further notification and consultation may be required in accordance with any provision made by a practice direction; and

(d) subsection (3) will not apply to the extent that a new assessment must be made in the circumstances.

No. 131. Clause 116, page 99, after line 36—Insert:

(12) A relevant authority must ensure that a response from a prescribed body under this section is published on the SA planning portal and available for inspection and downloading without charge as soon as is reasonably practicable after the response is received by the relevant authority.

No. 132. Clause 123, page 106, after line 10—Insert:

(4) This section does not apply to any development within the Adelaide Park Lands, within the meaning of the Adelaide Park Lands Act 2005 (and any such development must be assessed under Part 7).

No. 133. Clause 124, page 109, after line 4—Insert:

(28) This section does not apply to any development within the Adelaide Park Lands, within the meaning of the Adelaide Park Lands Act 2005 (and any such development must be assessed under Part 7).

No. 134. Clause 125, page 112, after line 17—Insert:

(27) Subject to subsection (28), this section does not apply to any development within the Adelaide Park Lands, within the meaning of the Adelaide Park Lands Act 2005 (and any such development must be assessed under Part 7).

(28) Subsection (27) does not apply—

(a) so as to exclude the Governor making a regulation under subsection (4) with respect to minor works of a prescribed kind; or

(b) so as to exclude from the operation of this section development within any part of the Institutional District of the City of Adelaide that has been identified by regulations made for the purposes of this paragraph by the Governor on the recommendation of the Minister.

(29) Before making a recommendation to the Governor to make a regulation identifying a part of the Institutional District of the City of Adelaide for the purposes of subsection (28)(b), the Minister must take reasonable steps to consult with the Adelaide Park Lands Authority.

(30) A regulation under subsection (28)(b) cannot apply with respect to any part of the Institutional District of the City of Adelaide that is under the care, control or management of The Corporation of the City of Adelaide.

(31) For the purposes of this section, the Institutional District of the City of Adelaide is constituted by those parts of the area of The Corporation of the City of Adelaide that are identified and defined as—

(a) the Riverbank Zone; and

(b) the Institutional (Government House) Zone; and

(c) the Institutional (University/Hospital) Zone,

by the Development Plan that relates to the area of that Council, as that Development Plan existed on 24 September 2015.

No. 135. Clause 128, page 113, line 34—Delete ', before granting the building consent,'

No. 136. Clause 128, page 113, after line 40—Insert:

(2a) A requirement under subsection (1)—

(a) subject to paragraph (b)—may be imposed on the basis that the relevant matters must be addressed as part of the application before the relevant authority will grant building consent; and

(b) in cases prescribed by the regulations—may only be imposed as a condition of the building consent that must be complied with within a prescribed period after the building work to which the application for consent relates is completed.

No. 137. Clause 128, page 114, line 5—After 'Building Code' insert 'or a Ministerial building standard'

No. 138. Clause 128, page 114, line 8—Delete ', before granting the building consent,'

No. 139. Clause 128, page 114, line 11—After 'Building Code' insert 'or the Ministerial building standard (as the case may be)'

No. 140. Clause 128, page 114, after line 11—Insert:

(3a) A requirement under subsection (3)—

(a) subject to paragraph (b)—may be imposed on the basis that the building work or other measures to achieve compliance with the relevant performance requirements must be addressed before the relevant authority will grant building consent; and

(b) in cases prescribed by the regulations—may only be imposed as a condition of the building consent that must be complied with within a prescribed period after the building work to which the application for consent relates is completed.

No. 141. Clause 133, page 116, line 12—Delete 'relevant authority' and substitute 'person undertaking the development'

No. 142. Clause 133, page 116, line 14—Delete 'a person' and substitute 'the person'

No. 143. Clause 133, page 116, line 17—Delete 'a person' and substitute 'the person'

No. 144. Clause 133, page 116, line 22—Delete 'a person' and substitute 'the person'

No. 145. Clause 134, page 117, lines 28 and 29—Delete 'the council for the area in which the adjoining allotment is situated' and substitute 'the Court'

No. 146. Clause 134, page 117, line 30—Delete 'a council' and substitute 'the Court'

No. 147. Clause 134, page 117, lines 33 to 36—Delete subclauses (6) and (7)

No. 148. Clause 134, page 118, line 2—Delete 'a council' and substitute 'the Court'

No. 149. Clause 134, page 118, line 5—Delete 'a council' and substitute 'the Court'

No. 150. New clauses, page 133, after line 31—Insert:

Subdivision A1—Interpretation

155A—Interpretation

(1) In this Division—

basic infrastructure means—

(a) infrastructure within the ambit of paragraph (a), (b) or (h) of the definition of 'essential infrastructure' under section 3(1); or

(b) roads or causeways, bridges or culverts associated with roads; or

(c) stormwater management infrastructure; or

(d) embankments, wells, channels, drains, drainage holes or other forms of works or earthworks connected with the provision of infrastructure under a preceding paragraph.

(2) For the purposes of this Division, a designated growth area is an area which is to be developed in 1 or more of the following ways:

(a) by the division of land and the sale (or proposed future sale) of all or some of the resulting allotments;

(b) by rezoning to increase development potential;

(c) by undertaking urban in-fill, consolidation or renewal.

Subdivision A2—Establishment of schemes—basic infrastructure

155B—Initiation of scheme

(1) The Minister may initiate a scheme under this Subdivision in relation to the provision of basic infrastructure in, or in connection with, a designated growth area.

(2) A scheme under this Subdivision should be limited to—

(a) the provision of basic infrastructure; and

(b) funding arrangements for the provision of that basic infrastructure,

in 1 or more of the following situations:

(c) the basic infrastructure is reasonably necessary for the purposes of development that is proposed or to be undertaken within the designated growth area (including on account of rezoning that has occurred, or is expected to occur, in relation to the whole or a significant part of the development that is to occur within the designated growth area);

(d) the basic infrastructure will support, service or promote significant development that is proposed or to be undertaken within the designated growth area;

(e) it is reasonably necessary or efficient to co-ordinate the design, construction and funding of basic infrastructure under a scheme because of the scale of—

(i) development that is proposed or to be undertaken within the designated growth area; or

(ii) the basic infrastructure that is to be provided,

(or both).

(3) Subject to subsection (4), a proposal to proceed under this section may be initiated—

(a) on the Minister's own initiative; or

(b) at the request of another person or body interested in the provision or delivery of infrastructure.

(4) The Minister may only act under this section on the advice of the Commission.

(5) The Commission must, in providing advice under this section, take into account any relevant state planning policy and regional plan, and the relevant provisions of the Planning and Design Code (subject to any relevant amendments that might be made in connection with potential or proposed development that is to be undertaken within the designated growth area).

(6) The Minister will initiate a scheme by preparing a draft outline of the scheme that—

(a) provides detailed information about—

(i) the nature and intended scope of the basic infrastructure; and

(ii) any related development that is proposed to be undertaken as part of the scheme; and

(b) identifies the proposed designated growth area; and

(c) provides information about the proposed timing or staging of the various elements of the scheme; and

(d) assesses the costs and benefits of the scheme; and

(e) outlines a funding arrangement for the scheme, including whether it is proposed to impose a charge under Subdivision 2A; and

(f) provides information about the person or body that will be carrying out the work envisaged by the scheme (to the extent that is known); and

(g) identifies any basic infrastructure or other assets that might be expected to be transferred to another entity when the scheme has been completed; and

(h) provides such other information as the Minister thinks fit after consultation with the Commission.

(7) In giving consideration to the nature and intended scope of basic infrastructure under a scheme, the Minister must seek to facilitate the provision of infrastructure that is—

(a) fit for purpose; and

(b) capable of adaptation as standards or technology change over time (insofar as is reasonably practicable or appropriate in the circumstances); and

(c) capable of augmentation or extension to accommodate growth or changing circumstances over time (insofar as is reasonably practicable or appropriate in the circumstances); and

(d) where appropriate, designed to build capacity for the future, including by allowing for connections, extensions or augmentation by others who are able to leverage off the initial investment in the basic infrastructure; and

(e) designed and built to a standard that is appropriate taking into account the nature and extent of development that is proposed to be undertaken within the relevant designated growth area; and

(f) capable of being procured and delivered in a timely manner to facilitate and promote orderly and economic development.

(8) In giving consideration to the constitution of a designated growth area under subsection (6)(b), consideration must be given to—

(a) the area or areas which will benefit from any basic infrastructure to be provided under the proposed scheme; and

(b) the extent to which it is possible to establish an area that will provide fair and sufficient funds over time with respect to the provision of the basic infrastructure under the proposed scheme; and

(c) the extent to which the designated growth area may overlap with a contribution area under Subdivision 1.

(9) In giving consideration to whether or not to include a proposal for the imposition of a charge under Subdivision 2A, the Minister must take into account—

(a) the extent that it is reasonable that other sources of funding be used instead; and

(b) any schemes or arrangements (including with respect to the imposition of separate or other rates or charges) that are already in place, or already planned (and known to the Minister) with respect to the provision of basic infrastructure or the undertaking of works in the designated growth area (or in an adjacent or related area).

(10) The Minister, in preparing the draft outline, must—

(a) take reasonable steps to consult with—

(i) the owners of land within the proposed designated growth area; and

(ii) the person or persons who are intending to undertake any relevant development within the proposed designated growth area; and

(b) take reasonable steps to consult with the council within whose area the proposed designated growth area is situated,

and may consult with any other person or body as the Minister thinks fit.

(11) The Minister will then publish the draft outline—

(a) in the Gazette; and

(b) on the SA planning portal.

(12) In addition, the Minister must, as soon as is reasonably practicable after acting under this section on the advice of the Commission, publish the advice on the SA planning portal subject to any qualifications or redactions that are necessary to prevent the disclosure of confidential or commercially sensitive information provided by or relating to—

(a) an owner or occupier of land; or

(b) a proponent of development relating to the provision of infrastructure; or

(c) a provider of infrastructure.

(13) The Minister will then (at a time determined by the Minister) refer the proposed scheme to the Chief Executive for the appointment of a scheme coordinator.

No. 151. Heading, page 133, line 32—Delete the heading and substitute:

Subdivision 1—Establishment of general schemes

No. 152. Clause 156, page 134, lines 8 to 11—Delete subclause (3) and substitute:

(3) Subject to subsection (3a), a proposal to proceed under this section may be initiated—

(a) on the Minister's own initiative; or

(b) at the request of another person or body interested in the provision or delivery of infrastructure.

(3a) The Minister may only act under this section on the advice of the Commission.

(3b) The Commission must, in providing advice under this section, take into account any relevant state planning policy and regional plan, and the relevant provisions of the Planning and Design Code (subject to any relevant amendments that might be made in connection with potential or proposed development that is to be undertaken as part of, or in connection with, the scheme).

No. 153. Clause 156, page 134, after line 31—Insert:

(4a) In giving consideration to the nature and intended scope of infrastructure under a scheme, the Minister must seek to facilitate the provision of infrastructure that is—

(a) fit for purpose; and

(b) capable of adaptation as standards or technology change over time (insofar as is reasonably practicable or appropriate in the circumstances); and

(c) capable of augmentation or extension to accommodate growth or changing circumstances over time (insofar as is reasonably practicable or appropriate in the circumstances); and

(d) where appropriate, designed to build capacity for the future, including by allowing for connections, extensions or augmentation by others who are able to leverage off the initial investments in the infrastructure; and

(e) designed and built to a standard that is appropriate taking into account the nature and extent of development that is proposed to be undertaken as part of, or in connection with, the scheme; and

(f) capable of being procured and delivered in a timely manner to facilitate and promote orderly and economic development.

No. 154. Clause 156, page 134, after line 35—Insert:

(ab) the extent to which the implementation of the scheme will have an impact on any council (including on account of any infrastructure or other assets that might be transferred to the council when the scheme has been completed) after taking into account any submissions made by the council under subsection (7); and

No. 155. Clause 156, page 134, line 38—Delete 'and amenity' and substitute 'or amenity'

No. 156. Clause 156, page 135, line 2—After 'contributions' insert 'through the imposition of a charge under Subdivision 3 by the relevant council'

No. 157. Clause 156, page 135, after line 15—Insert:

(6a) The Minister must, in considering a scheme under this Subdivision, apply the principle that a scheme that relates to, or includes, basic infrastructure and is more suited to a scheme under Subdivision A2 should not be initiated under this Subdivision.

(6b) However, nothing in subsection (6a) (or Subdivision A2) prevents a contribution being sought with respect to basic infrastructure under Subdivision 3 insofar as it is considered by the Minister to be reasonable that owners of land within a contribution area (and outside a designated growth area) should make a contribution towards the cost of that basic infrastructure.

No. 158. Clause 156, page 135, line 17—Delete paragraph (a)

No. 159. Clause 156, page 135, after line 27—Insert:

(8a) In addition, the Minister must, as soon as is reasonably practicable after acting under this section on the advice of the Commission, publish the advice on the SA planning portal subject to any qualifications or redactions that are necessary to prevent the disclosure of confidential or commercially sensitive information provided by or relating to—

(a) an owner or occupier of land; or

(b) a proponent of development relating to the provision of infrastructure; or

(c) a provider of infrastructure.

No. 160. New heading, page 135, after line 29—Insert:

Subdivision 1A—Scheme coordinator

No. 161. Clause 157, page 135, line 31—Delete 'section 156' and insert 'section 155B or 156'

No. 162. Clause 157, page 135, line 32—Delete 'a person' and substitute 'a suitably qualified person'

No. 163. Clause 157, page 136, after line 4—Insert:

(5) The Chief Executive must, in exercising a power under this section, act with the concurrence of the Commission.

No. 164. Clause 158, page 136, after line 15—Delete inserted subclause (1a) and substitute:

(1a) In addition to the other provisions of this Division, in developing a funding arrangement that includes a proposal for the imposition of a charge made under Subdivision 2A, the scheme coordinator should seek to act consistently with the following principles:

(a) the charge should be limited to recovering the reasonable capital costs of the basic infrastructure based only on infrastructure that is not excessive and that is not produced or delivered at a cost or price that is unreasonable in the circumstances;

(b) the charge should not have an excessively adverse impact on—

(i) the development of a designated growth area; or

(ii) housing or living affordability within a designated growth area; or

(iii) employment, investment or economic viability associated with a designated growth area; and

(c) the charge must be based on a scheme under which a payment or payments under the charge become payable (or commence to become payable) on a specified event or events; and

(d) funding under the scheme should recognise the need to provide value for money in connection with funding arrangements including, as appropriate, through contestable provision of basic infrastructure; and

(e) rebates for charges should be available in appropriate circumstances; and

(f) exemptions from the imposition of a charge should be considered depending on the circumstances of the case.

(1b) In connection with subsection (1a)(c), an event or events that trigger the requirement to make, or to begin to make, a payment under a charge must be related to when development is undertaken being—

(a) the depositing of a plan for the division of land under Part 19AB of the Real Property Act 1886; or

(b) undertaking of approved development.

(1c) In addition to subsection (1a)(f), exemptions from the imposition of a charge under Subdivision 2A will apply in any circumstances prescribed by the regulations.

No. 165. Amendment No 65 [Emp–4]—Delete 'consideration must be given to' and substitute 'the scheme coordinator should seek to act consistently with'

No. 166. Clause 158, page 136, line 23—Delete 'excessive' and substitute 'excessively adverse'

No. 167. Clause 158, page 136, line 25—Delete subparagraph (ii) and substitute:

(ii) employment, investment or economic viability associated with a contribution area;

No. 168. Clause 158, page 136, after line 25—Insert:

(ba) the timing of the collection of contributions under the scheme should be connected to the production or delivery of infrastructure to which the contributions relate, such that the scheme should not involve the collection of an excessive amount of contributions before the relevant infrastructure is produced or delivered; and

No. 169. Clause 158, page 136, line 37—Delete 'contributions' and substitute 'charges imposed under Subdivision 3'

No. 170. Clause 158, page 136, after line 37—Insert:

(f) exemptions from the imposition of charges imposed under Subdivision 3 should be considered depending on the circumstances of the case.

No. 171. Clause 158, page 137, line 5—After 'contribution area' insert 'under Subdivision 3'

No. 172. Clause 158, page 137, after line 10—Insert:

(3a) In addition to subsection (2)(f), exemptions from the imposition of a charge imposed under Subdivision 3 will apply in any circumstances prescribed by the regulations.

No. 173. Clause 158, page 137, after line 12—Insert:

(5) The Minister must publish a copy of a report furnished under subsection (4) on the SA planning portal as soon as is reasonably practicable after determining whether or not to proceed with the scheme to which the report relates, subject to any qualifications or redactions that are necessary to prevent the disclosure of confidential or commercially sensitive information provided by or relating to—

(a) an owner or occupier of land; or

(b) a proponent of development relating to the provision of infrastructure; or

(c) a provider of infrastructure.

No. 174. New heading, page 137, before line 13—Insert:

Subdivision 1B—Adoption of proposed scheme and related operational matters

No. 175. Clause 159, page 137, after line 18—Insert:

(1a) However, the Minister must, before making a variation, exclusion or inclusion under subsection (1)(a) that will involve a significant change to the scheme, refer the scheme (including the proposed variation, exclusion or inclusion) to the scheme coordinator for the scheme coordinator to consider and report to the Minister on the scheme in accordance with section 158 as if it were a proposed scheme under that section.

No. 176. Clause 159, page 137, after line 28—Insert:

(5a) The Minister must, before making a variation that will involve a significant change to the scheme—

(a) if the scheme provides for the imposition of a charge under Subdivision 2A, give consideration to whether or not such a charge should be included in the scheme, taking into account the variation and the matters referred to in section 155B(9); and

(b) seek the advice of the Commission; and

(c) take reasonable steps to consult with the council within whose area the scheme is proposed to be undertaken and, if relevant, any council whose area may include the whole or any part of a proposed contribution area; and

(d) take reasonable steps to consult with the owners of any land that would be directly affected by any infrastructure or works to be provided or undertaken under the proposal scheme; and

(e) consult with any other person or body as the Minister thinks fit,

and the Minister must then refer the scheme (as proposed to be varied) to the scheme coordinator.

(5b) The scheme coordinator must, on a referral under subsection (5a), consider and report to the Minister on the scheme in accordance with section 158 as if it were a proposed scheme under that section.

No. 177. Clause 159, page 137, after line 33—Insert:

(8) To avoid doubt, the liabilities of a scheme will accrue under the terms of the scheme (and, if relevant, against a fund established under Subdivision 4 and not against a council that is required to make contributions under Subdivision 3).

(9) Once a scheme has been adopted by the Minister, the Chief Executive must ensure that the Commission is kept informed about the operation of the scheme (and any significant changes to the scheme) under an arrangement established by the Chief Executive in consultation with the Commission.

No. 178. Clause 160, page 138, line 2—After 'to the Minister about' insert 'the enforcement of any charge under Subdivision 2A or'

No. 179. Clause 160, page 138, after line 10—Insert:

(2) Without limiting subsection (1), the scheme coordinator should seek to ensure that essential infrastructure is procured and delivered in a timely manner and at reasonable cost and, in so doing, apply and act in accordance with the following principles:

(a) the cost of essential infrastructure should be open and transparent;

(b) the design of, and procurement processes for, essential infrastructure should be dynamic, flexible and adaptable to the changes in circumstances, especially changes within a designated growth area or contribution area;

(c) essential infrastructure should be delivered in a way that facilitates and promotes orderly and economic development, economic growth and employment.

(3) In addition, the scheme coordinator should, insofar as is reasonable, seek out and bring to the attention of the Chief Executive any additional or alternative funding sources that could ensure that charges and contributions under any funding arrangement for infrastructure under the relevant scheme as kept as low as possible.

No. 180. Clause 161, page 138, after line 18—Insert:

(iia) the imposition of a charge under Subdivision 2A, including by establishing a designated growth area;

No. 181. Clause 161, page 138, line 22—After 'under' insert 'Subdivision 2A or'

No. 182. Clause 161, page 138, after line 30—Insert:

(aa) a scheme that provides for the imposition of a charge under Subdivision 2A—

(i) may provide for the indexing of the charge under an index, or at a rate, determined or approved by the ESCOSA, or by some other prescribed person or body; and

(ii) must specify arrangements for the periodic review of the charge under the relevant scheme and, as part of such a review, may provide for any matter to be considered or determined by ESCOSA, or by some other prescribed person or body; and

No. 183. Clause 161, page 138, line 35—Delete 'specified' and substitute 'prescribed'

No. 184. Clause 161, page 138, line 40—After 'paragraph' insert '(aa) or'

No. 185. Clause 161, page 139, after line 6—Insert:

(2a) Despite paragraph (aa) of subsection (2), ESCOSA, or another prescribed person or body acting in accordance with that paragraph, may not make a determination in relation to a scheme that provides for the imposition of a charge under Subdivision 2A that results in the charge being payable over a longer period of time than the period applying under the funding arrangement established by the scheme.

(2b) Despite the preceding subsections, a funding arrangement under a scheme that provides for the imposition of a charge under Subdivision 2A must provide that the liability to make a payment or payments under the charge after the occurrence of an event or events that trigger the requirement to make, or to begin to make, such payments cannot be transferred to a purchaser of any land or dwelling to which the scheme relates who intends to occupy the land or dwelling for residential purposes.

No. 186. Clause 161, page 139, line 14—After 'Subdivision 3' insert 'or charge that is to be imposed under Subdivision 2A'

No. 187. Clause 161, page 139, lines 22 to 28—Delete paragraphs (a) and (b) and substitute:

(a) the Minister has made a recommendation for the purposes of this subsection to the Governor that the funding arrangement be approved; and

(b) the funding arrangement has been approved by all of the persons who, at the time that the Minister is submitting the funding arrangement for approval of the Governor under subsection (3), own land within the relevant contribution area or areas, other than—

(i) community land under the Local Government Act 1999; or

(ii) a public road under the Local Government Act 1999; or

(iii) dedicated land under the Crown Land Management Act 2009; or

(iv) land held by, or under the care, control or management of, the Urban Renewal Authority under the Urban Renewal Act 1995; or

(v) other land held for a public purpose excluded from the ambit of this definition by the regulations.

No. 188. Clause 161, page 139, lines 30 to 43—Delete paragraph (a) and substitute:

(a) the Minister must not make a recommendation under subsection (6)(a) unless or until—

(i) the Commission has taken reasonable steps to consult with—

(A) an entity or entities that, in the opinion of the Minister represent the interests of persons who are directly involved in providing infrastructure or developing land that may be subject to a scheme of the relevant kind under this Division; and

(B) if the funding arrangement is specifically relevant to a particular council or councils—that council or those councils; and

(C) the LGA; and

(D) any other person or body specified by the Minister; and

(ii) the Commission has furnished a report to the Minister—

(A) setting out the outcome of the consultation required under subparagraph (i); and

(B) recommending that the Minister make the recommendation under subsection (6)(a).

No. 189. Clause 161, page 140, after line 3—Insert:

(7a) The Commission may only make a recommendation to the Minister under subsection (7)(a)(ii)(B) if the Commission is satisfied, having regard to any consultation on the scheme undertaken by the scheme coordinator, that the scheme provides for contributions under Subdivision 3, and rebates and other adjustments in relation to the contributions, in a manner that—

(a) is fair and equitable; and

(b) would not unreasonably disadvantage persons who own small areas of land within the relevant contribution area or areas; and

(c) is reasonable taking into account the matters referred to in section 156(5) and the principles referred to in section 158(2).

No. 190. Clause 161, page 140, lines 4 to 10—Delete subclause (8) and substitute:

(8) If a report furnished to the ERD Committee under subsection (5) relates to the approval of a scheme for the collection of contributions under Subdivision 3 (a contributions scheme) or the approval or variation of a funding arrangement under a scheme that provides for the imposition of a charge under Subdivision 2A (a charge scheme), the ERD Committee must, after receiving the report—

(a) resolve that it does not object to the contributions scheme or charge scheme (as the case requires); or

(b) resolve to suggest amendments to the contributions scheme or charge scheme (as the case requires); or

(c) resolve to object to the contributions scheme or charge scheme (as the case requires).

No. 191. Clause 161, page 140, line 14—After 'contributions scheme' insert 'or charge scheme (as the case requires)'

No. 192. Clause 161, page 140, line 34—After 'contributions scheme' insert 'or charge scheme (as the case requires)'

No. 193. Clause 161, page 140, line 35—After 'contributions scheme' insert 'or charge scheme (as the case requires)'

No. 194. Clause 161, page 140, line 36—After 'contributions scheme' insert 'or charge scheme (as the case requires)'

No. 195. Clause 161, page 140, line 39—After 'contributions scheme' insert 'or charge scheme (as the case requires)'

No. 196. Clause 161, page 140, lines 40 and 41—After 'contributions scheme' insert 'or charge scheme (as the case requires)'

No. 197. Clause 161, page 141, lines 8 and 9—After 'contributions scheme' insert 'or charge scheme (as the case requires)'

No. 198. Clause 161, page 141, lines 22 and 23—Delete the definition of prescribed percentage

No. 199. New clauses, page 141, after line 30—Insert:

Subdivision 2A—Charges on land

163A—Application of Subdivision

This Subdivision applies with respect to charges for the purposes of a scheme initiated under Subdivision A2.

163B—Creation of charge

(1) The Minister may impose a charge under this Subdivision over land within a designated growth area.

(2) The Minister may impose a charge over land with or without the agreement of the owner of the land.

(3) For the purpose of the imposition of a charge, the Minister may deliver to the Registrar-General a notice, in a form determined by the Registrar-General—

(a) setting out or incorporating the terms of the charge; and

(b) setting out the real property over which it exists; and

(c) requesting the Registrar-General to note the charge against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.

(4) The Registrar-General must, on receipt of a notice under subsection (3), in relation to the real property referred to in the notice, enter an appropriate notation in accordance with the notice.

(5) When an entry is made under subsection (4), a charge over the real property is created.

(6) The terms and conditions of the charge may be varied—

(a) by the Minister after consultation with the owner of the land to which the charge relates (and with or without the agreement of the owner of the land); or

(b) on account of a periodic review under section 161(2)(aa); or

(c) in circumstances prescribed by the regulations.

(7) A variation under subsection (6) will be effected in a manner determined by the Minister after consultation with the Registrar-General.

(8) The Minister must, when payments under a charge have been made and paid in full, by further notice to the Registrar-General under this section, cancel the charge.

163C—Ranking of charge

(1) While a charge exists over real property, the Registrar-General must not register an instrument affecting the property unless—

(a) the instrument was executed before the charge was created or relates to an instrument registered before the charge was created; or

(b) the instrument is an instrument of a prescribed class; or

(c) the Minister consents to the registration in writing; or

(d) the instrument—

(i) is expressed to be subject to the charge; and

(ii) is not a conveyance that relates to the transfer or sale of the real property to a purchaser who intends to occupy the real property for residential purposes; or

(e) the instrument is a duly stamped conveyance that relates to the transfer or sale of the real property under section 163D.

(2) An instrument registered under subsection (1)(a), (b), or (c) has effect, in relation to the charge, as if it had been registered before the charge was created.

(3) If an instrument is registered under subsection (1)(e), the charge will be taken to be cancelled and the Registrar-General must make the appropriate entries to give effect to the cancellation.

163D—Enforcement of charge

(1) If a person fails to comply with the terms and conditions of a charge, the charge may be enforced as follows:

(a) the Minister must, by notice in the Gazette, inform the person of the breach and give the person at least 1 month to remedy the breach; and

(b) if the person does not remedy the breach within the time allowed in a notice under paragraph (a), the Minister may proceed to have the land to which the charge relates sold.

(2) The sale will be by public auction (and the Minister may set a reserve price for the purposes of the sale).

(3) If, before the date of such an auction, the outstanding amount of the charge and the costs incurred by the Minister in proceeding under this section are paid to the Minister, the Minister must call off the auction.

(4) The requirement to sell at auction does not apply in any circumstances prescribed by the regulations.

(5) If—

(a) an auction fails; or

(b) an auction is not required under subsection (4),

the Minister may sell the land by private contract for the best price that the Minister may reasonably obtain.

(6) Any money required by the Minister in respect of the sale of land under this section will be applied as follows:

(a) firstly—in paying the costs of the sale and any other costs of a prescribed kind;

(b) secondly—in discharging any liabilities secured by instrument registered before the charge was created, or that is taken to have such effect by virtue of section 163C;

(c) thirdly—in discharging the amount or amounts secured by the charge;

(d) fourthly—in discharging any other liabilities secured by registered instruments;

(e) fifthly—in discharging any other liabilities that exist in relation to the land of which the Minister has notice;

(f) sixthly—in payment to the owner of the land.

(7) The title obtained under the sale of the land will be free of—

(a) any charge under this Subdivision; and

(b) all other liabilities discharged under subsection (6); and

(c) any other liability that may exist on account of any mortgage, charge or encumbrance.

(8) If land is sold, an instrument of transfer or conveyance in pursuance of the sale executed by the Minister will, on registration or enrolment, operate to vest title to the land in the person named in the transfer or conveyance.

(9) If it is not reasonably practicable to obtain the duplicate certificate of title to land that is sold in pursuance of this section (or other relevant instrument), the Registrar-General may register a transfer or conveyance despite the non-production of the duplicate (or instrument), but in that event will cancel the existing certificate of title for the land and issue a new certificate in the name of the transferee.

No. 200. Clause 168, page 144, after line 36—Insert:

(6a) If a council incurs costs in recovering a charge as a debt, the council is entitled to claim the reimbursement of those costs (insofar as they are reasonable) from the relevant fund established under Subdivision 4.

No. 201. Clause 170, page 145, line 18—Delete 'Subdivision 3' and substitute 'Subdivision A2 or 1 (including in conjunction with the operation of Subdivision 2A or 3)'

No. 202. Clause 170, page 145, line 20—Delete paragraph (a) and substitute:

(a) any money—

(i) payable to the Minister under a charge imposed under Subdivision A2 (including under Subdivision 2A); or

(ii) payable by a council and recovered under Subdivision 3; and

No. 203. Clause 211, page 180, after line 16—Insert:

(2a) The court must, in determining whether to make an adverse publicity order, take into account any material before the court relating to the effect that the taking of action or actions that the court proposes to specify in the order is likely to have on a person other than the offender.

No. 204. Clause 231, page 192, after line 5—Insert:

(1a) The Minister may only act under subsection (1) if the Minister is acting on the advice of the Commission.

No. 205. New clauses, page 192, after line 11—Insert:

231A—Advisory committees on implementation of Act

(1) The Minister must establish the following committees to provide advice on the implementation of this Act:

(a) after consultation with the LGA, a committee that relates to the local government sector;

(b) a committee that relates to entities involved in undertaking development within the State.

(c) a committee that relates to—

(i) community participation; and

(ii) ecological sustainability and liveability,

with respect to planning, design and development.

(2) The Minister may, in establishing a committee under subsection (1), make provision with respect to—

(a) the membership of the committee; and

(b) the procedures of the committee; and

(c) the functions or scope of operation of the committee; and

(d) other matters as the Minister thinks fit.

(3) Nothing in this section limits any other committee or other entity that may be established, or any other step or other process that may be undertaken, in relation to the implementation of this Act.

231B—Inquiries by Commission

(1) The Commission must conduct the following inquiries under section 22(1)(e):

(a) an inquiry into schemes in relation to the provision of essential infrastructure under Part 13;

(b) an inquiry into the scheme for off-setting contributions and the open space contribution scheme under Part 15 Division 2.

(2) The inquiry under subsection (1)(a) must—

(a) investigate alternative schemes for the provision of essential infrastructure and make recommendations as to whether any such scheme should be adopted in this State; and

(b) investigate alternative schemes for the provision of prescribed infrastructure (within the meaning of section 161(18)) and make recommendations as to whether any such scheme should be adopted in this State; and

(c) consider such other matters as the Commission thinks fit.

(3) The inquiry under subsection (1)(b) must—

(a) investigate alternative schemes for off-setting contributions and contributing to open space and make recommendations as to whether any such scheme should be adopted in this State; and

(b) consider such other matters as the Commission thinks fit.

(4) The Commission must furnish the following reports on inquiries under this section to the Minister:

(a) a report on the outcome of the inquiry under subsection (1)(a) no earlier than 2 years after the commencement of this Act;

(b) a report on the outcome of the inquiry under subsection (1)(b) within 2 years after the commencement of this Act.

(5) The Minister must cause a copy of each report submitted to the Minister under this section to be laid before both Houses of Parliament within 6 sitting days after receiving the report.

(6) A proclamation for the purposes of this Act fixing a day on which Part 13 Division 1 Subdivision 1 will come into operation cannot be made until after a report on the outcome of the inquiry under subsection (1)(a) has been laid before both Houses of Parliament.

No. 206. Schedule 6, clause 21, page 213, after line 16—Insert:

(2) Section 221—after subsection (6) insert:

(7) Subsection (3)(b) operates subject to the following qualifications:

(a) an accredited professional under the Planning, Development and Infrastructure Act 2015 may only grant an approval under subsection (3)(b) with the concurrence of the council; and

(b) any other relevant authority under the Planning, Development and Infrastructure Act 2015 may only grant an approval under subsection (3)(b) after consultation with the council.

(8) The requirement to consult under subsection (7)(b) does not extend to an assessment panel appointed by the council.

No. 207. Schedule 6, clause 22, page 213, after line 21—Insert:

(6b) Subsection (6a) operates subject to the following qualifications:

(a) an accredited professional under the Planning, Development and Infrastructure Act 2015 may only grant an approval under subsection (6a) with the concurrence of the council; and

(b) any other relevant authority under the Planning, Development and Infrastructure Act 2015 may only grant an approval under subsection (6a) after consultation with the council; and

(c) an approval to use the public road as envisaged by subsection (6a) will be for a period prescribed by the regulations (and, at the expiration of that period, this section will then apply in relation to the use of the road).

(6c) The requirement to consult under subsection (6b)(b) does not extend to an assessment panel appointed by the relevant council.

No. 208. New Schedule, page 217, after line 2—Insert:

Schedule 7—Rural living areas

1—Rural living areas

(1) The following provisions will apply in relation to a rural living area in place within an environment and food production area defined by the plan referred to in section 7(1):

(a) section 7(5)(d) and (e) will not apply in relation to the rural living area;

(b) if—

(i) after the commencement of this clause, an application for development authorisation is made that involves a division of land within the rural living area that would create 1 or more additional allotments to be used for residential development; and

(ii) the relevant policies or conditions relating to the minimum size of allotments or the division of land generally that were in force on 1 December 2015 (the prescribed land division provisions) provide for a larger minimum allotment size or involve more restrictive conditions on the division of land than the provisions that would otherwise apply in relation to the proposed development,

the prescribed land division provisions will apply in relation to the proposed development (despite any other relevant instrument and despite the other provisions of this Act).

(2) In this clause—

rural living area means—

(a) an area that is defined as a rural living zone by a Development Plan under the Development Act 1993 on 1 December 2015; or

(b) an area that is defined as an animal husbandry zone by the Development Plan for The District Council of Mallala under the Development Act 1993 on 1 December 2015;

(c) any of the following areas or zones defined by the Development Plan for Alexandrina Council under the Development Act 1993 on 1 December 2015:

(i) Residential Airpark Policy Area 2 in an airport zone;

(ii) Precinct 11 Hindmarsh Island North in a primary production zone;

(iii) a coastal settlement zone.

(3) This Schedule expires 2 years after the day on which it comes into operation.