Planning, Development and Infrastructure (Environment and Food Production Areas) Amendment Bill

Second Reading

The Hon. E.S. BOURKE (Minister for Emergency Services and Correctional Services, Minister for Autism, Minister for Recreation, Sport and Racing) (15:24): 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 them.

Leave granted.

A key initiative of the Government's Housing Roadmap and the Greater Adelaide Regional Plan (GARP) is to ensure there is an appropriate supply of serviced land to meet both current and emerging housing demand.

The GARP identifies sufficient land over the long term to accommodate for this growth. There are limited options for where the greenfield growth can occur and much of the land identified for medium to long term growth is within the EFPA. Based on GARP investigations, there are likely to be approximately 61,000 dwellings developed on land that is currently within the EFPAs.

When the Planning, Development and Infrastructure Act 2016 was first drafted in 2015-16, Government policy strongly supported urban consolidation, with a target set for 85% of all growth to occur through infill development. On this basis, the Act is currently drafted to ensure that new greenfield land is released from the EFPA, only where urban consolidation opportunities have been exhausted.

This is no longer consistent with Government policy, with the GARP identifying ample greenfield and infill land over the next 30 years. On this basis, there is a disconnect between the EFPA provisions and its preference towards urban consolidation/infill and the GARP.

To overcome the disconnect, on 24 February 2025 Cabinet approved the drafting of a Bill to amend the Planning, Development and Infrastructure Act 2016 to vary the Environment and Food Production Areas (EFPAs) and provide a mechanism to ensure that the EFPAs remain consistent with the Greater Adelaide Regional Plan (GARP) for new growth areas over the next 30 years.

The Government has now drafted the Planning, Development and Infrastructure (Environment and Food Production Areas) Amendment Bill 2025 which achieves the following:

Amends section 7 of the Act to designate a revised GRO Plan setting out new EFPA boundaries based on the GARP;

Confirms that any land that is removed from the EFPA on commencement of the Bill has the Limited Land Division Overlay applied through the Planning and Design Code to prevent unorderly fragmentation of the land (which would make it harder to develop for a residential purpose at a later date);

Removes the current urban consolidation test for future variations to the EFPA boundaries (which essentially prevents amendments to EFPA boundaries unless Greater Adelaide is unable to support infill development);

Ensures that future variations to the EFPA are consistent with the GARP and ensure a 30 year land supply (rather than 15 years); and

Inserts new provisions in section 64 of the Act requiring the GARP to consider population growth and to identify land to be developed in the short-term.

The areas being removed from the EFPA will still need to be rezoned before they are used primarily for residential development, and this will occur in a staged manner over the next 30 years to ensure orderly development. Rezonings would occur based on current demand and specifically take account of infrastructure provision and costs.

The revision of the EFPA still ensures that the key agricultural lands surrounding Greater Adelaide are protected. The changes to the EFPAs, that were based on a comprehensive analysis, represent a loss of less than 1% of key agricultural lands in the GARP area. This, together with the current Character Preservation Districts and Hills Face Zone, ensure we retain a strong urban growth boundary.

Important changes are being progressed through the Planning, Development and Infrastructure (Environment and Food Production Areas) Amendment Bill 2025 and without them, South Australia's growth will be stifled and there will be confusion within the community because the EFPA will prevent urban growth as outlined in the GARP.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Planning, Development and Infrastructure Act 2016

3—Amendment of section 3—Interpretation

The amendment to the definition of statutory instrument is related to the amendments to section 7.

4—Amendment of section 7—Environment and food production areas—Greater Adelaide

Section 7 currently establishes environment and food production areas. The amendments substitute the current plan of environment and food production areas with a new plan.

Section 7(3)(a) is amended so that subparagraph (i) of the power to vary environment and food production areas provides that the variation is consistent with any relevant provisions of the regional plan for Greater Adelaide under section 64 and subparagraph (ii) refers to 30 years.

Other amendments are technical or consequential.

5—Amendment of section 64—Regional plans

Section 64 is amended to insert considerations applying to the preparation of the regional plan for Greater Adelaide.

Other amendments are consequential.

6—Amendment of section 125—Time within which decision must be made

Section 125 is amended to provide that the section does not apply to development that involves a division of land that would create 1 or more additional allotments in an environment and food production area or character preservation area.

Schedule 1—Transitional provisions

Schedule 1 provides for transitional provisions for the purposes of the measure.

Debate adjourned on motion of Hon. N.J. Centofanti.