Ministerial Statement

COPPER COAST DISTRICT COUNCIL

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (16:59): I seek leave to make a ministerial statement about the Copper Coast council.

Leave granted.

The Hon. P. HOLLOWAY: On 1 April 2008, the Hon. Sandra Kanck asked a series of questions and made a number of assertions regarding The Dunes development at Port Hughes and the District Council of the Copper Coast. I undertook at that time to look into the allegations made by the honourable member and to respond in due course. Having written to and received a reply from the Copper Coast council's Chief Executive, Mr Peter Dinning, requesting information in relation to those assertions, I am now in a position to respond.

A Development Plan amendment to specifically amend the Copper Coast council's development plan to address the proposed development known as The Dunes, which plans to incorporate a residential development and an international standard golf course, was approved on 21 June 2007.

This specific DPA (Development Plan Amendment) was undertaken in accordance with the procedures set out in the Development Act, including the relevant public consultation period. After careful consideration of the DPAC recommendations, I approved the Development Plan Amendment.

Since the rezoning initiated by that DPA process, the Copper Coast council's Development Assessment Panel has not been required to assess any applications relating to The Dunes project. Just four applications have been received in relation to The Dunes project to date, and those applications have all been approved by council staff under delegated authority. Those applications relate to approval in January 2008 for a land division of 297 allotments from 38 existing allotments, which will comprise The Dunes development, as permitted by the rezoning process I have just outlined. This housing estate at Port Hughes is to be developed in stages.

While the residential component of the development will receive its water supply from SA Water, there has been some recent speculation regarding the possible construction of a desalination plant to support the initial development of the golf course. This speculation suggested the desal plant would operate until such time as wastewater from the residential component reached a sufficient quantity to satisfy the anticipated needs of the golf course.

I am advised that the Copper Coast council has had some preliminary discussions with the proponents regarding the possible location of a desalination plant in the area. A potential location was suggested near the council's existing boat ramp, with the possible location of a storage facility for the desalination plant also explored as part of these preliminary discussions. No formal application for a desalination plant has been received from the proponent. I expect that such an application, should it be forthcoming, would be referred to the Development Assessment Commission on the grounds that any proposal would involve locating infrastructure outside of the council area—that is, in the sea adjacent to the desalination plant.

Any environmental impact would have to be assessed by both the Environment Protection Authority and the Coast Protection Board using the current referral mechanisms contained in this state's development regulations. Mr Dinning advised me in his letter that all elected council members, including the Mayor and Deputy Mayor, have received briefings at various times from the developer of The Dunes. Should the council's Development Assessment Panel be required to consider any development applications, the elected members of the panel would need to give careful thought as to whether any of those interactions with the developers could produce a conflict of interest that would require them to excuse themselves during consideration of the application. Such careful considerations will depend on the individual circumstances.

I am advised by the council that the CDAP (Council Development Assessment Panel) members are all aware of the code of conduct under which the panel operates and that members, including the Mayor and Deputy Mayor, have undertaken CDAP member training since their appointment to the assessment panel. There are formal processes in place for dealing with any complaints in relation to the operation of a CDAP. The Development Act requires councils to appoint a public officer to handle complaints in relation to the conduct of members of a Council Development Assessment Panel. The minister also has the option of appointing an investigator to inquire into a council's discharge of its development assessment responsibilities.

In fact, I urge anyone who has evidence that a CDAP or its members are not discharging their duties in keeping with the code of conduct, that they bring this conduct to my attention so that those allegations can be fully investigated. Furthermore, members of the public can also request an investigation by the South Australian Ombudsman if such a step is considered necessary.

Subsequent to the issues raised by the Hon. Sandra Kanck, I received a complaint about the discharge of the Copper Coast council's responsibilities in relation to the development of The Dunes. On receiving this complaint, I requested an investigation by the Office for State/Local Government Relations. I have since received a report from that office and I am now satisfied that no further investigative action is necessary.

The Hon. Sandra Kanck also touched on the broader issue of the ability of smaller councils to assess larger types of development. In this specific instance, a transparent and public Development Plan Amendment process has already been carried out and applications regarding the future development of this land will be assessed against this new policy framework.

I also note that the District Council of the Copper Coast has engaged the services of an experienced planning consultant to assist it in the discharge of its development assessment functions. If any council in this state feels that it is experiencing difficulty in carrying out its responsibilities for assessing an application, they are free to ask me to appoint the Development Assessment Commission as the relevant authority, if that is their desire.

I would also point out to the honourable member that recent action taken by this government in relation to the Adelaide City Council demonstrates that I have no qualms whatsoever in referring the assessment of development applications of state significance to DAC, if I feel a council development assessment panel is not up to handling this process free of political influence.

As I mentioned earlier in my statement, the Development Assessment Commission would likely be the relevant authority to assess any application by the proponents of The Dunes project regarding a desalination plant due to the requirement for offshore infrastructure. In addition, councils can seek to establish regional development assessment panels if they believe such an option would assist in overcoming resource issues in relation to assessing development applications.

At this stage, there is no evidence available to support the Hon. Sandra Kanck's assertion that this council is unable to discharge its responsibilities simply due to the size of this proposed development.