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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2012-09-19 Daily Xml
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CHARACTER PRESERVATION (MCLAREN VALE) BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

No. 1. Clause 3, page 2, lines 10 and 11 [clause 3(1), definition of district]—Delete 'the prescribed day) but does not include the areas marked as townships on the deposited plan' and substitute '26 June 2012)'

No. 2. Clause 3, page 2, lines 13 and 14 [clause 3(1), definition of prescribed day]—Delete the definition of prescribed day

No. 3. Clause 3, page 3, line 2 [clause 3(1), definition of relevant authority]—Delete 'or a provision of this Act'

No. 4. Clause 3, page 3, after line 4 [clause 3(1)]—After the definition of relevant authority insert:

relevant council means a council whose area includes part of the district;

No. 5. Clause 3, page 3, lines 5 to 8 [clause 3(1), definition of residential development]—Delete the definition and substitute:

residential development means development primarily for residential purposes but does not include—

(a) the use of land for the purposes of a hotel or motel or to provide any other form of temporary residential accommodation for valuable consideration; or

(b) a dwelling for residential purposes on land used primarily for primary production purposes;

rural area means the area of the district not including townships;

No. 6. Clause 3, page 3, line 11 [clause 3(1), definition of township]—Delete 'the prescribed day' and substitute '26 June 2012'

No. 7. Clause 3, page 3, line 13 [clause 3(2)]—After 'characteristics of the district' insert:

and locations within the district

No. 8. New clause, page 3, after line 19—After clause 4 insert:

4A—Administration of Act

This Act is to be administered by the Minister responsible for the administration of the Development Act 1993.

No. 9. Clause 6, page 3, line 35 [clause 6(1)(a)]—After 'rural' insert:

and natural

No. 10. Clause 6, page 4, line 5 [clause 6(2)(b)]—Delete 'or a township under this Act'

No. 11. New Clause, page 4, after line 5—Insert:

6A—Development Plans relating to townships to be prepared or amended by councils

Despite Part 3 Division 2 of the Development Act 1993 (including section 24(1)(fbb) of that Act), a Development Plan, or an amendment to a Development Plan, that—

(a) applies to any part of a township; and

(b) does not apply outside the area of the council where the township is located,

may only be prepared under that Division by—

(c) the council for the area where the township is located; or

(d) the Minister (within the meaning of that Division) acting with the consent of the council for the area where the township is located.

No. 12. Clause 7, page 4, lines 6 to 8—Delete clause 7

No. 13. Clause 8, page 4, lines 10 to 14 [clause 8(1) and (2)]—Delete subclauses (1) and (2) and substitute:

(1) This section applies to a proposed development in the rural area that involves a division of land under the Development Act 1993 that would create 1 or more additional allotments.

(2) A relevant authority (other than the Development Assessment Commission) must not grant development authorisation to a development to which this section applies unless the Development Assessment Commission concurs in the granting of the authorisation.

(2aa) If the Development Assessment Commission is the relevant authority, the Development Assessment Commission must not grant development authorisation to a development to which this section applies unless the council for the area where the proposed development is situated concurs in the granting of the authorisation.

(2a) No appeal under the Development Act 1993 lies against a refusal by a relevant authority to grant development authorisation to a development to which this section applies or a refusal by the Development Assessment Commission or a council to concur in the granting of such an authorisation.

No. 14. Clause 8, page 4, line 16 [clause 8(3)]—Delete ', wholly or partly,'

No. 15. Clause 9, page 4, line 29 [clause 9(1)]—Delete 'involved in the administration of' and substitute:

responsible for issuing statutory authorisations under

No. 16. Clause 9, page 4, line 31 [clause 9(1)(a)]—Delete 'a statutory authorisation under the relevant Act' and substitute:

such a statutory authorisation

No. 17. Clause 9, page 4, lines 35 and 36 [clause 9(1)]—Delete 'obligations imposed on the person or body under this Act ' and substitute:

objects of this Act in relation to the statutory authorisation

No. 18. Clause 10, page 5, after line 3—After subclause (1) insert:

(1a) In conducting the review, the Minister must (in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils.

No. 19. Clause 10, page 5, lines 4 to 7 [clause 10(2)]—Delete subclause (2) and substitute:

(2) The review must include an assessment of—

(a) the state of the district, especially taking into account the objects of this Act and any relevant provisions of the Planning Strategy; and

(b) the family, social, economic and environmental impacts of this Act; and

(c) the impact of this Act on local government in the district; and

(d) any steps that have been taken or strategies that have been implemented to address any negative impacts of this Act,

and may include such other matters as the Minister thinks fit.

No. 20. New clause, page 5, after line 9—After clause 10 insert:

10A—Reviews relating to townships

(1) The Minister must, at intervals of not more than 5 years, undertake a review to determine whether any alterations should be made to the boundaries of the areas marked as townships in the plan referred to in the definition of township in section 3.

(2) In conducting a review, the Minister must (in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils.

(3) The Minister must cause a report on the outcome of the review to be tabled in both Houses of Parliament within 12 sitting days after its completion.

No. 21. Clause 11, page 5, after line 13 [clause 11(1)]—Before paragraph (a) insert:

(aaa) make provision in relation to the referral of any application for development authorisation to the Development Assessment Commission for the purposes of section 8(2); and

(aa) prescribe fees in respect of any matter under this Act and provide for their payment, recovery or waiver; and

No. 22. Clause 11, page 5, after line 28 —After subclause (3) insert:

(4) Before a regulation is made under this Act, the Minister must (in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils.

No. 23. Schedule 1, page 6, after line 8 [Schedule 1, clause 3]—After subclause (2) insert:

(3) Section 22—after subsection (4a) insert:

(4aa) Before making any alterations to the Planning Strategy to incorporate provisions which address any character values of a district recognised under a character preservation law (or to alter any such provisions), the Minister must (in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils (within the meaning of the character preservation law).

No. 24. Schedule 1, page 6, line 11 [Schedule 1, clause 4, inserted subsection (5a)]—Delete 'or incorporate'

No. 25. Schedule 1, page 6, lines 18 to 23 [Schedule 1, clause 5(2)]—Delete subclause (2)

No. 26. Schedule 1, page 6, lines 27 and 28 [Schedule 1, clause 6, inserted subparagraph (x)]—Delete ', acting at the request of the Minister responsible for the administration of a character preservation law,'

No. 27. Schedule 1, page 6, line 34 [Schedule 1, clause 6, inserted subparagraph (x)]—Delete 'making the request'

No. 28. Schedule 1, page 6, lines 35 and 36 [Schedule 1, clause 6, inserted subparagraph (x)]—Delete 'or a township'

No. 29. Schedule 1, page 6, line 36 [Schedule 1, clause 6, inserted subparagraph (x)]—Delete 'the relevant' and substitute 'a'

No. 30. Schedule 1, page 6, after line 37—After clause 6 insert:

6A—Amendment of section 46—Declaration by Minister

(1) Section 46(3a)—delete subsection (3a) and substitute:

(3a) A declaration under this section cannot apply with respect to a development or project within—

(a) the Adelaide Park Lands; or

(b) a character preservation rural area.

(2) Section 46—after subsection (16) insert:

(17) In this section—

character preservation rural area means an area that is defined as a rural area under a character preservation law.

No. 31. Schedule 1, page 7, line 3 [Schedule 1, clause 7]—Delete 'responsible for the administration of the Development Act 1993'

No. 32. Schedule 1, page 7, line 4 [Schedule 1, clause 7(a)]—Delete 'that Act' and substitute 'the Development Act 1993'

No. 33. Schedule 1, page 7, lines 7 and 8 [Schedule 1, clause 7(b)]—Delete 'or a township, or part of the district or a township' and substitute:

, or part of the district

No. 34. Schedule 1, page 7, after line 13 [Schedule 1, clause 7]—After paragraph (b) insert:

and

(c) (in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils in relation to the matters specified in paragraphs (a) and (b).

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