Environment, Resources and Development Committee

In reply to Mr TELFER (Flinders) (26 June 2024). (Estimates Committee B)

The Hon. N.D. CHAMPION (Taylor—Minister for Housing and Urban Development, Minister for Housing Infrastructure, Minister for Planning): I have been advised:

The Environment, Resources and Development Committee (ERDC) does not have a statutory role in considering amendment regulations (this is a function of the Legislative Review Committee of Parliament, pursuant to the Subordinate Legislation Act 1978) or bills to amend to the Planning, Development and Infrastructure Act 2016 (the PDI Act).

However, the ERDC will have a role in considering any amendment to the Planning and Design Code (the code) in accordance with section 74 of the PDI Act. Section 74 of the PDI Act provides for parliamentary scrutiny of designated instruments (which includes the code, regional plans, design standards and state planning policies (SPPs) (with the exception of an SPP associated with a special legislative scheme)).

Section 74 of the PDI Act requires me, in my capacity as Minister for Planning, to refer a designated instrument to the ERDC within 28 days of it taking effect. This includes the initial preparation or amendment of a designated instrument. As such, all code amendments carried out in accordance with section 73 of the PDI Act go through this process.

Upon receipt of the designated instrument, the ERDC must consider whether it has any objections to what is proposed. In considering the designated instrument, the ERDC must pass one of three resolutions:

Resolve that it does not object to the designated instrument.

Resolve to suggest amendments to the designated instrument.

Resolve to object to the designated instrument.

Pursuant to section 74(5) of the PDI Act, if it does not consider the designated instrument within 28 days of receipt, it will be ‘conclusively presumed' the ERDC has no objections.

In the event that the ERDC resolves to object to a designated instrument, copies of that designated instrument must be laid before both houses of parliament. Either house of parliament may then pass a motion of disallowance to the designated instrument.