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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2011-09-28 Daily Xml
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CHARACTER PRESERVATION (BAROSSA VALLEY) BILL

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice, Minister for Urban Development, Planning and the City of Adelaide, Minister for Tourism, Minister for Food Marketing) (15:44): Obtained leave and introduced a bill for an act to provide measures to protect and enhance the special character of the Barossa Valley region; and for other purposes. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice, Minister for Urban Development, Planning and the City of Adelaide, Minister for Tourism, Minister for Food Marketing) (15:45): I move:

That this bill be now read a second time.

South Australians value the Barossa Valley and the surrounding region because of its natural beauty, the rich history of South Australian settlement that is still so apparent and the important agriculture, viticulture and primary industries that the region supports. The region has favourable and scarce resource conditions, including a cool climate, major investment in food and wine infrastructure, water options and access to labour skills and technology.

The unique potential of the Barossa Valley was first recognised in 1839 by mineralogist Johannes Menge who was employed by the South Australian Company when he wrote to George Fife Angus in London describing the region as 'the Cream, the whole Cream and nothing but the Cream of South Australia'.

The second reading report of the Character Preservation (McLaren Vale) Bill 2011 outlined the consultation and development of that bill. This bill, the Character Preservation (Barossa Valley) Bill 2011, was subject to the same public consultation and was developed alongside the McLaren Vale region bill. Indeed, both evolved from the Premier's announcement in February that gave me responsibility for looking at how we can protect these two significant regions.

In general terms, the rationale for preserving the Barossa Valley region is the same as that for preserving the McLaren Vale district, as set out in the second reading report on the Character Preservation (McLaren Vale) Bill, that is, the need to preserve the unique culture and amenity of the Barossa region, while protecting it from urban sprawl and inconsistent development.

Further, the structure of the Character Preservation (Barossa Valley) Bill 2011 follows that of the Character Preservation (McLaren Vale) Bill 2011, and members are referred to the second reading report of this latter bill for a more detailed explanation of the legislative structure and operation.

In the context of this bill, the government acknowledges the work and insight of Maggie Beer, Margaret and Peter Lehmann, Jan Angas, and others, who have highlighted the importance of protecting the Barossa Valley. The region is a light for our state, attracting international attention and visitors to South Australia, and contributes not only economically but culturally to our state. The views of the Barossa Grape & Wine Association and other industry groups are also noted. However, it should be understood that in developing this bill the views and comments of many more individuals and organisations who participated in the public consultation have also been considered.

The Character Preservation (Barossa Valley) Bill 2011 has been extensively informed by input from the South Australian community. The government has used suggestions and requests from the public submissions to help draft the bill and to make some changes to the district's boundaries. The Character Preservation (Barossa Valley) Bill 2011 refers to the relevant map of the Barossa Valley district. A map of this area was proposed in consultation documents released in June this year.

A number of submissions to the government's consultation advocated for the boundaries of the district to match the boundaries of the local GI. As I understand it, the GI zones for the Barossa Valley and Eden Valley cover parts of the proposed preservation district. However, the bill has a different purpose to these GIs. The GI zones focus on production in these areas and the identification of produce. Further, I am of the view that the integrity of these GI zones cannot be maintained as a complete whole, as existing development and planned development have already committed some of this land.

Like the McLaren Vale district map, there have been some changes to the boundaries of the proposed map for this district. Perhaps worth mentioning is that the boundary now includes an important gateway into the region along Gomersal Road from the Sturt Highway. I seek leave to have the remainder of the second reading explanation inserted into Hansard without reading it.

Leave granted.

The long title of the Bill states that it is a Bill for 'An Act to provide measures to protect and enhance the special character of the region…'. This Bill is designed to create an historic and innovative policy and legislative framework, guided by objects and objectives, to protect and enhance the region's capacity as an evolving, viable and sustainable primary production area.

However, in short this Bill contains two significant provisions that prevent land sub division in the broader district area, that is outside of the townships, that are for residential purposes or industrial purposes that would be detrimental to the special character of the district. Such applications for land divisions in the preservation district will be considered by the Development Assessment Commission. Other applications, including for land sub division within the townships will be referred to the relevant council and their Development Assessment Panel if necessary. The councils and their panels will be guided by the objectives in the Schedules 1 and 2 of the Bill, which detail the Township Objectives and the District Objectives.

The Barossa district contains activities such as waste management facilities and mining. Current land uses will not be changed and any existing uses will continue unimpeded. However, any future change to the use of land will be subject to the legislation.

Other features of this Bill include:

Exclusion of major project provisions of the Development Act from the protection district.

A review of the legislation within five years of commencement.

Limited power to make Regulations.

Following the introduction of this Bill today, as with the associated McLaren Vale Bill, it will be released for public consultation for at least four weeks, facilitated by the Department of Planning and Local Government. After consultation, the Government will advise if it proposes any amendments and then will seek that the House consider the Bill.

I commend this important Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines certain terms used in the measure.

4—Interaction with other Acts

This clause provides that the measure is in addition to and does not limit or derogate from the provisions of any other Act (except as provided otherwise) and provides that this is to be a character preservation law for the purposes of the Development Act 1993.

Part 2—Objects of Act and statutory objectives

5—Objects

This clause sets out the objects of the measure.

6—Objectives

This clause provides for the district objectives and the township objectives (set out in Schedules to the measure).

7—Administration of Acts to achieve objects and objectives

This clause obliges a person or body involved in the administration of an Act to act consistently with, and to seek to further, the objects and objectives of the measure in exercising powers and functions in relation to the district or a township.

8—Review of Development Plans

This clause requires the review of relevant Development Plans under the Development Act 1993 within 6 months after commencement and provides that—

Development Plans are to be read and construed so as to be consistent with the objects and objectives of the measure; and

any provisions of those Plans that are inconsistent with those objects and objectives are to be disregarded to the extent of the inconsistency.

Part 3—Special provisions relating to district

9—Interaction of Part with other Acts

This Part of the measure is to have effect despite the provisions of any other Act.

10—Major project provisions not to apply

This clause disapplies the major project provisions of the Development Act 1993 in relation to developments or projects in the district.

11—Limitations on land division in district

This clause makes the Development Assessment Commission the relevant authority under the Development Act 1993 for developments involving land division in the district and prohibits—

land division for residential development in the district; or

land division for industrial development in the district that would be detrimental to the special character of the district or is otherwise inconsistent with the district objectives.

Part 4—Miscellaneous

12—Power to require information

A person or body involved in the administration of an Act may require further information for a person applying for a statutory authorisation or from a government or local government authority for the purposes of the measure.

13—Review of Act

This clause provides for a review of the Act 5 years after its commencement.

14—Regulations

This clause provides for the making of regulations for the purposes of the measure. The regulations may, without limitation—

prohibit or restrict the undertaking of a specified activity, or an activity of a specified class, within the district, or a specified part of the district (despite any other Act or law)

provide that a person undertaking a specified activity, or an activity of a specified class, or proposing to undertake a specified activity, or an activity of a specified class, within the district, or a specified part of the district, comply with any prescribed requirement or condition (despite any other Act or law).

Schedule 1—District objectives

This Schedule sets out the district objectives.

Schedule 2—Township objectives

This Schedule sets out the township objectives.

Debate adjourned on motion of Ms Chapman.

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