Legislative Council Fifty-Third Parliament, Second Session (53-2) 53 2 Parliament of South Australia Legislative Council published Bills Statutes Amendment (Planning, Development and Infrastructure) Bill Statutes Amendment (Planning, Development and Infrastructure) Bill Statutes Amendment (Planning, Development and Infrastructure) Bill Second Reading Second Reading The Hon. K.J. MAHER Legislative Council Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy The Hon. K.J. MAHER (Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy) (16:39): I move: That this bill be now read a second time. I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading it. Leave granted. I introduce the Statutes Amendment (Planning, Development and Infrastructure) Bill 2016. This Bill is 'procedural' in the sense that it enables the Government to commence a coordinated, orderly and phased three to five year implementation program for the new planning system under the Planning, Development and Infrastructure Act 2016. The Bill: is an exercise in transitioning from the existing planning system under the Development Act 1993 to the much needed contemporary and competitive planning system under the new Act; comprises transitional and saving provisions as well as consequential amendments to other statutes necessary for the Planning, Development and Infrastructure Act 2016 to come into operation; and in effect provides the ability to turn aspects of the new planning system on and aspects of the current system off as the new planning system is implemented in phases. Although it is procedural in nature, it is important as it will allow South Australia to begin to realise the economic and social benefits of a contemporary and competitive planning system. The significant planning reform process has been the initiative of this Government which began in 2012 with the appointment of the Expert Panel on Planning Reform. It is also important to note that a substantive amendment to the Act is proposed through this Bill. That amendment is to clarify that the responsibility for and ownership of State Planning Policies rests ultimately with the Minister for Planning and Government of the day, notwithstanding that their policies will be informed by the Commission and its consultations. This amendment corrects an inconsistency between different State Planning Policies and the responsibilities for the same, which occurred due to an amendment of the Planning, Development and Infrastructure Bill in the Legislative Council. At the request of industry groups, including the Urban Development Institute of Australia and the Property Council, the Bill provides the ability to pilot the infrastructure schemes early upon request. This is recognition from the development industry of the potential benefits of the infrastructure schemes and their willingness to work with government in testing these schemes early. This government assures that every effort will be made to support business as usual, during the engagement and implementation phases of this new planning system, until each element of the new system is ready to go live. To ensure the most efficient and effective introduction of the changes, preparation for the implementation of the new system is already occurring in partnership with Government departments, councils and industry groups. Indeed, many of them have indicated their support and enthusiasm for the initiatives contained in the new planning system. Subject to the successful passage of this Bill, broadly the proposed implementation of the new planning system involves: Appointing the State Planning Commission (the Commission) by April 2017; the Commission leading development of the Community Engagement Charter (the Charter); the Commission developing necessary statutory instruments, including the Planning and Design Code (the Code) by mid-2018, in consultation with the community, as provided for in the Charter; the Code and new assessment pathways will be implemented by mid to late 2018, supported by the new ePlanning system which is proposed to be fully operational by 2019. I commend the Bill to the House. Explanation of Clauses Explanation of Clauses Part 1—Preliminary 1—Short title This clause is formal. 2—Commencement The various provisions of this measure will be brought into operation by proclamation. Consistent with section 2(2) of the Planning, Development and Infrastructure Act 2016, section 7(5) of the Acts Interpretation Act 1915 will not apply to this measure. 3—Amendment provisions This clause is formal. Part 2—Amendment of Planning, Development and Infrastructure Act 2016 4—Amendment of section 58—Preparation of state planning policies This amendment provides that the Commission will prepare state planning policies under the Act on behalf of the Minister. 5—Amendment of section 59—Design quality policy The requirement to prepare the design quality policy is to rest with the Minister rather than the Commission. 6—Amendment of section 60—Integrated planning policy The requirement to prepare the integrated planning policy is to rest with the Minister rather than the Commission. 7—Amendment of section 63—Special legislative schemes The requirement to prepare a state planning policy with respect to each special legislative scheme is to rest with the Minister rather than the Commission. 8—Amendment of section 73—Preparation and amendment These are consequential amendments. 9—Amendment of section 78—Early commencement This amendment inserts some words that were inadvertently omitted from the Act at the time of its passing by Parliament (and which are obviously intended to appear as provided by this amendment). 10—Insertion of Schedule 8 This clause inserts a new schedule into the Act for the purposes of addressing the various transitional issues associated with the implementation of the new statutory scheme. Any legislation such as the Planning, Development and Infrastructure Act 2016 requires extensive transitional provisions so that it can be brought into operation successfully. A more detailed explanation of these provisions is as follows: Schedule 8—Transitional provisions Part 1—Preliminary 1—Interpretation This clause sets out the definitions that are required for the purposes of the schedule. Many of the provisions will have effect from a day appointed by proclamation for the purposes of the particular provision. 2—Saving of operation This clause makes it clear that a provision of the Development Act 1993 may still be relevant for the purposes of the schedule even though the provision has actually been repealed (subject to any modification or other provision that may apply under the schedule). Part 2—Definitions and change of use 3—Definitions This clause will allow the concept of a development authorisation under the new Act to include a development authorisation under the Development Act 1993. This may be relevant to, for example, a proposal to apply for a variation to an earlier development authorisation. It is also the case that Development Plans under the Development Act 1993 may, at least to some extent, be relevant to the assessment of development under the new Act (during a transitional phase). This therefore needs to be reflected in the definition of Planning Rules. 4—Change of use of land This clause sets out a scheme to transition from the current provisions of the Development Act 1993 relating to changes in use of land to the provisions of the new Act. Included are provisions to provide expressly for periods of discontinuance that may 'straddle' the operation of the two legislative schemes. Another provision will allow sections 4(4) and (5) of the new Act to apply under the Development Act 1993 in one or more areas designated by proclamation ahead of the whole legislative scheme under the new Act coming into operation). Part 3—Commission and preliminary structural reforms Division 1—Commission 5—Establishment of Commission This clause sets out a scheme for the commencement of the provisions of the new Act relating to the establishment of the new State Planning Commission and also provides for the commencement of other sections identified as involving or including various functions of the Commission. 6—Commission authorised to assume functions under the repealed Act This clause will allow the State Planning Commission to assume various functions, powers and duties of certain entities that currently exist under the Development Act 1993 (so that the Commission may act under that Act ahead of the whole legislative scheme under the new Act coming into operation. Division 2—Regions 7—Regions This clause sets out specific transitional provisions in connection with the establishment of regions under the new Act. Division 3—Preserving existing authorisations and rights 8—Preserving existing authorisations and rights This clause sets out a scheme for the implementation of section 7 of the new Act so as to allow a transitional period to apply with respect to existing development authorisations for the division of land or for existing planning consents for the division of land. Part 4—Planning instruments 9—Planning and Design Code This clause sets out specific transitional provisions associated with the preparation and implementation of the Planning and Design Code. The provisions recognise that a period of time will be required before a comprehensive version of the code will be ready and that in the meantime parts of the existing Development Plans will still be relevant for the purposes of the new Act. In connection with this scheme, provisions of existing Development Plans will be altered or removed as the new code is developed and implemented. 10—Local heritage This clause provides for places of local heritage value under the Development Act 1993 to continue to be designated as places of local heritage value under the new code. 11—Significant trees This clause provides for the designation of a tree as a significant tree under a Development Plan to continue under the new code. Part 5—Relevant authorities 12—General transitional scheme for panels This clause will allow the scheme for council assessment panels under the new Act to apply for the purposes of the Development Act 1993 ahead of the complete legislative scheme under the new Act coming into operation. 13—Regional assessment panels This clause will allow the scheme for regional assessment panels under the new Act to apply for the purposes of the Development Act 1993 ahead of the complete legislative scheme under the new Act coming into operation. 14—Assessment managers This clause will allow the scheme for assessment managers under the new Act to apply for the purposes of the Development Act 1993 ahead of the complete legislative scheme under the new Act coming into operation. 15—References This clause will ensure that references in other Acts and other instruments and documents to a relevant authority under the Development Act 1993 may be taken to include a reference to a relevant authority under the new Act (unless the context otherwise requires). 16—Accredited professionals This clause will allow the accreditation scheme under the new Act to be effectively suspended until a date to be fixed by proclamation. 17—Removal etc of private certifier This clause will expressly allow section 96 of the Development Act 1993 to continue to operate to and in relation to the engagement of a private certifier entered into before the repeal of that section by this Act. Part 6—Existing applications 18—Continuation of processes This clause sets out provisions to ensure that applications lodged and being considered under the Development Act 1993 before the assessment scheme commences under the new Act will continue to be subject to assessment under the provisions of the repealed Act (but will then be subject to certain provisions of the new Act from the point that a decision is made). 19—Appeals This clause preserves certain appeal rights under the Development Act 1993 at the time of transition to the new assessment scheme. 20—Major development or projects This clause sets out a transitional scheme in relation to major development or projects. 21—Crown and infrastructure development This clause sets out a transitional scheme for Crown and designated infrastructure development. 22—Building work This clause provides for the application of certain provisions relating to building work and related issues to development approvals given under the Development Act 1993 and will expressly preserve certain notices and rights under the Development Act 1993 after the repeal of relevant provisions. Part 7—Development Plans relevant to assessments under this Act 23—Application of Part The clauses in this Part will allow for the transition from the existing scheme for planning assessment of various categories of development to the scheme under the new Act. (This is connected to the gradual phasing in of the Planning and Design Code.) 24—Complying development 25—Non-complying development 26—Merit development Part 8—Building activity and use 27—Classification and occupation of buildings This clause will provide that the scheme under Part 11 Division 4 of the new Act will not apply to or in relation to a building owned or occupied by the Crown (or an agency or instrumentality of the Crown) before this part of the new Act comes into operation (as the corresponding provisions of the Development Act 1993 do not currently apply to such buildings). 28—Swimming pool safety This clause will allow the new provisions and scheme for swimming pool safety to take effect under the Development Act 1993 before the assessment scheme under the new Act commences. 29—Fire safety This clause is a transitional provision relating to the application of the provisions of the new Act relating to fire safety as they apply to buildings owned or occupied by the Crown (or an agency or instrumentality of the Crown). Part 9—Infrastructure frameworks Division 1—Pilot schemes may be authorised 30—General schemes This clause will allow the Minister to authorise one or more 'pilot' schemes to be implemented under Part 13 Division 1 Subdivision 3 of the new Act if the Minister is acting at the request of a person or body interested in the provision or delivery of infrastructure and if the Minister is satisfied that the scheme is suitable to proceed as a pilot scheme. Division 2—Operation of schemes during transitional period 31—Operation of schemes during transitional period This clause reflects the fact that the Planning and Design Code is to be phased in gradually. Part 10—Land management agreements 32—Land management agreements This clause will provide for the continuation of land management agreements entered into under the Development Act 1993. Part 11—Funds 33—Funds This clause will provide for the continuation of various funds under the Development Act 1993. Part 12—Proceedings to gain a commercial competitive advantage 34—Proceedings to gain a commercial competitive advantage This clause reflects the fact that the Planning and Design Code is to be phased in gradually. Part 13—Authorised officers 35—Authorised officers This clause provides for the on-going appointment of authorised officers. Part 14—Advisory committees 36—Advisory committees This clause provides that a committee established under section 244 of the new Act will have a sunset provision that takes effect on 30 June 2019. Part 15—Other matters 37—Proclamation of open space This clause continues the open space proclamation scheme that has applied under the various planning Acts since the Town Planning Act 1929. 38—Metropolitan Adelaide This clause will provide that a reference in any other Act to 'Metropolitan Adelaide' will be taken to be a reference to Metropolitan Adelaide as defined by the Development Act 1993 before its repeal by the new Act (unless the context otherwise requires). 39—References to applications and approvals This clause deals with various cross-references under other Acts. 40—Conditions This clause provides for the on-going operation of conditions imposed in relation to decisions under the Development Act 1993. 41—General saving provision This clause is a general saving provision relating to decisions or authorisations that are given under the Development Act 1993. 42—General provisions apply This clause makes it clear that the Acts Interpretation Act 1915 will apply to the repeal of any provision of the Development Act 1993 (except to the extent of any inconsistency with this schedule). 43—Regulations This clause will allow the Governor to make additional provisions of a saving or transitional nature consequent on the enactment of the new Act after this schedule has been passed by Parliament. The remaining Parts of this measure make amendments to a series of Acts that are consequential on the enactment and commencement of the new Planning, Development and Infrastructure Act 2016. Part 3—Amendment of Adelaide Oval Redevelopment and Management Act 2011 Part 4—Amendment of Adelaide Park Lands Act 2005 Part 5—Amendment of Aquaculture Act 2001 Part 6—Amendment of City of Adelaide Act 1998 Part 7—Amendment of Commissioner for Kangaroo Island Act 2014 Part 8—Amendment of Community Titles Act 1996 Part 9—Amendment of Criminal Law Consolidation Act 1935 Part 10—Amendment of Environment Protection Act 1993 Part 11—Amendment of Fire and Emergency Services Act 2005 Part 12—Amendment of Fisheries Management Act 2007 Part 13—Amendment of Freedom of Information Act 1991 Part 14—Amendment of Highways Act 1926 Part 15—Amendment of Liquor Licensing Act 1997 Part 16—Amendment of Local Government Act 1999 Part 17—Amendment of Local Nuisance and Litter Control Act 2016 Part 18—Amendment of Marine Parks Act 2007 Part 19—Amendment of National Parks and Wildlife Act 1972 Part 20—Amendment of Native Vegetation Act 1991 Part 21—Amendment of Natural Resources Management Act 2004 Part 22—Amendment of Ombudsman Act 1972 Part 23—Amendment of Real Property Act 1886 Part 24—Amendment of River Murray Act 2003 Part 25—Amendment of Roads (Opening and Closing) Act 1991 Part 26—Amendment of Strata Titles Act 1998 Part 27—Amendment of Valuation of Land Act 1971 Debate adjourned on motion of Hon. D.W. Ridgway.