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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
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HOUSING AND URBAN DEVELOPMENT (ADMINISTRATIVE ARRANGEMENTS) (URBAN RENEWAL) AMENDMENT 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 8, page 5, after line 42 [clause 8, inserted section 7C]—After subsection (1) insert:

(1a) The URA must, in carrying out functions related to urban renewal, take into account relevant existing or proposed development by private sector bodies and consider involving such bodies in urban renewal projects the URA proposes to undertake.

No. 2. Clause 8, page 6, lines 33 and 34 [clause 8, inserted section 7G, definition of precinct authority]—

Delete 'precinct authority appointed by the Minister' and substitute:

URA, another statutory corporation constituted under this Act, a council or a subsidiary of a council appointed by the Minister as the precinct authority for the precinct

No. 3. Clause 8, page 7, line 2 [clause 8, inserted section 7H(1)]—Delete 'on his or her own initiative or'

No. 4. Clause 8, page 7, after line 13 [clause 8, inserted section 7H]—Insert:

(1a) A request under subsection (1) must—

(a) be in a form determined by the Minister that complies with any requirements prescribed by the regulations; and

(b) be accompanied by—

(i) a business case in a form determined by the Minister that—

(A) proposes a name and identifies the area for the proposed precinct; and

(B) proposes the objectives of the precinct that are to apply for the purposes of subsection (4)(b)(i); and

(C) proposes the body that is to constitute the precinct authority; and

(D) proposes the manner in which consultation with the community relating to the precinct should be conducted; and

(E) identifies any assets or infrastructure that might be expected to be transferred to another entity in connection with the establishment or development of the precinct, or if or when the precinct plan is revoked under this Part; and

(F) sets out proposed arrangements for the provision of services provided (as at the time of the request) within the proposed precinct by the relevant council (including any agreement with that council); and

(G) addresses any other matter, or complies with any other requirement, prescribed by the regulations; and

(ii) the fee (if any) prescribed by the regulations.

No. 5. Clause 8, page 7, line 15 [clause 8, inserted section 7H(2)]—

Delete 'specified by the Minister' and substitute 'prescribed by the regulations'

No. 6. Clause 8, page 7, after line 21 [clause 8, inserted section 7H]—Insert:

(2a) The Minister must not publish a notice under subsection (1) that relates to land that forms part of the Adelaide Park Lands within the meaning of the Adelaide Park Lands Act 2005 unless the Adelaide Park Lands Authority has consented to the publication of the notice.

No. 7. Clause 8, page 7, after line 24 [clause 8, inserted section 7H]—Insert:

(3a) Subject to subsection (3b), the Minister must, when publishing a notice under subsection (1), also publish (in the case of the establishment of a precinct pursuant to a request under subsection (1)) a copy of the business case that accompanied the request to which the notice relates.

(3b) Subsection (3a) does not require the Minister to publish any part of the business case that, in the opinion of the Minister, contains commercial information of a confidential nature.

No. 8. Clause 8, page 7, lines 32 and 33 [clause 8, inserted section 7H(4)(c)]—

Delete 'the URA, another statutory corporation constituted under this Act, or a council to be the' and substitute 'a'

No. 9. Clause 8, page 7, after line 34 [clause 8, inserted section 7H]—Insert:

(4a) The Minister must, within 28 days of the publication of a notice under subsection (1)—

(a) provide a report setting out the location, extent and reasons for the establishment of the precinct to the Environment, Resources and Development Committee of the Parliament; and

(b) publish a copy of the report on a website determined by the Minister.

No. 10. Clause 8, page 8, line 26 [clause 8, inserted section 7H(9)]—

Delete 'may, and must at the direction of the Minister' and substitute:

must, other than in circumstances prescribed by the regulations

No. 11. Clause 8, page 8, line 27 [clause 8, inserted section 7H(9)]—Delete '1 or more of'

No. 12. Clause 8, page 9, lines 5 to 8 [clause 8, inserted section 7H(9)]—Delete paragraph (c)

No. 13. Clause 8, page 9, after line 8 [clause 8, inserted section 7H]—Insert:

(9a) The precinct authority may establish any other panel considered appropriate to provide advice relating to planning and development within the precinct.

No. 14. Clause 8, page 9, after line 35 [clause 8, inserted section 7H]—Insert:

(15) The Minister must, before acting under subsection (13)(b), be satisfied that the precinct authority has consulted with any council within the area of the precinct about—

(a) the transfer of any assets or infrastructure to the council on the revocation of the notice (including, if relevant, in connection with the operation of section 23); and

(b) other matters that appear to be relevant to the council in connection with the provisions of this Part no longer applying in relation to the precinct.

No. 15. Clause 8, page 10, after line 13 [clause 8, inserted section 7I(2)]—Insert:

(da) specify design guidelines for development, which may include specific design criteria relating to buildings or classes of buildings; and

(db) make provision in relation to any matter which a Development Plan under the Development Act 1993 may provide for, including specifying classes of development within the area that will be taken to be complying development for the purposes of the Development Act 1993; and

(dc) provide for the provision of open space or the making of payments (insofar as it is relevant to development within the precinct) in connection with the requirements imposed under section 50 of the Development Act 1993; and

No. 16. Clause 8, page 10, lines 23 to 25 [clause 8, inserted section 7I(4)(a)(i)]—Delete subparagraph (i)

No. 17. Clause 8, page 10, line 33 to page 11, line 4 [clause 8, inserted section 7I(4)(b) and (c)]—Delete paragraphs (b) and (c)

No. 18. Clause 8, page 11, lines 8 and 9 [clause 8, inserted section 7I(5)]—

Delete 'relevant provisions of any Development Plan applying in the area to which the precinct plan relates.' and substitute:

—

(a) relevant provisions of any Development Plan applying; and

(b) the Strategic Directions Report of any council,

in the area to which the precinct plan relates.

No. 19. Clause 8, page 11, line 36 to page 12, line 4 [clause 8, inserted section 7I(8)(c) and (d)]—

Delete paragraphs (c) and (d) and substitute:

(c) —

(i) in the case of a precinct master plan—

(A) by public advertisement, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within a period specified by the precinct authority; and

(B) hold a meeting where members of the public may attend and make representations in relation to the proposal, if the Minister considers it necessary or desirable for such a meeting to be held; or

(ii) in the case of a precinct implementation plan—undertake such public consultation on the proposal as is determined by the Minister to be appropriate.

No. 20. Clause 8, page 12, after line 38 [clause 8, inserted section 7I]—Insert:

(13a) Section 27 of the Development Act 1993 (other than section 27(2)) applies to the adoption or amendment of a precinct master plan as if references in that section to an amendment to a Development Plan under Part 3 Subdivision 2 of the Development Act 1993 were references to the adoption or amendment of a precinct master plan under this section.

No. 21. Clause 8, page 13, after line 7 [clause 8, inserted section 7I]—Insert:

(14a) The Minister must, as soon as is reasonably practicable after the adoption of a precinct plan, publish on a website determined by the Minister—

(a) a copy of a report provided to the Minister under subsection (10); and

(b) any advice received from the Development Assessment Commission under subsection (12) on the report.

No. 22. Clause 8, page 13, after line 12 [clause 8, inserted section 7I]—Insert:

(17) The Minister must, within 28 days of the adoption of, or an amendment to, a precinct implementation plan, or the revocation of a precinct plan—

(a) provide a report on the matter to the Environment, Resources and Development Committee of the Parliament; and

(b) publish a copy of the report on a website determined by the Minister.

No. 23. Clause 8, page 13, line 21 [clause 8, inserted section 7J(1)(a)]—

Delete 'section 7I(4)(b)' and substitute 'section 7I(2)(db)'

No. 24. Clause 8, page 13, line 33 [clause 8, inserted section 7J(3)]—

Delete 'section 7I(4)(c)' and substitute 'section 7I(2)(dc)'

No. 25. Clause 8, page 14, after line 1 [clause 8, inserted section 7K(1)]—Insert:

(ca) to make by-laws under the Local Government Act 1999 or the Local Government Act 1934; or

No. 26. Clause 8, page 14, after line 30 [clause 8, inserted section 7K]—Insert:

(2a) If a precinct authority makes a by-law under the Local Government Act 1999 or the Local Government Act 1934 under subsection (1)(ca), the by-law—

(a) cannot be altered without the consent of the precinct authority; and

(b) is revoked if—

(i) the regulation under this section giving the authorisation to make by-laws is revoked; or

(ii) the relevant precinct is dissolved.

(2b) Without limiting subsection (1), a precinct authority may, if authorised by the Governor to do so by regulation, in relation to raising revenue for the purposes of the management, development or enhancement of a precinct established under this Part—

(a) impose a rate under the Local Government Act 1999 (as if it were a council); and

(b) require a council to collect the rate on behalf of the precinct authority.

(2c) If a rate is imposed under subsection (2b)—

(a) Chapter 10 of the Local Government Act 1999 will apply subject to any modifications prescribed by the regulations; and

(b) the council must comply with the requirement made by the precinct authority (and make a payment to the precinct authority of the amount recovered on account of the imposition of the rate); and

(c) the precinct authority is liable to pay to the council an amount determined in accordance with the regulations on account of the costs of the council in complying with the requirements imposed by the precinct authority (which may be set off against the amount payable by the council to the precinct authority); and

(d) if the precinct to which the rate relates is dissolved—the council may, for a period of 5 years, or such longer period as the Minister may allow, continue to impose any rate imposed by the precinct authority under subsection (2b)(a) and applying at the time of the dissolution (and, to avoid doubt, a rate continued under this paragraph is to be treated as if it were a rate imposed under subsection (2b)(a)).

No. 27. Clause 8, page 14, line 33 [clause 8, inserted section 7K(3)]—After 'matter' insert:

(which must include details of any submissions made by a council in consultation under subsection (5))

No. 28. Clause 8, page 14, after line 37 [clause 8, inserted section 7K]—Insert:

(5) A regulation cannot be made under—

(a) subsection (1)(c) authorising the exercise of a power under the Local Government Act 1999 in relation to the imposition or recovery of a rate, levy or charge; or

(b) subsection (2b),

except after consultation with the relevant council.

(6) The Subordinate Legislation Act 1978 applies to a regulation made under this section as if references in that Act to the Legislative Review Committee of the Parliament were references to the Environment, Resources and Development Committee of the Parliament.

No. 29. Clause 8, page 15, after line 8 [clause 8, inserted section 7L]—

After the present contents of section 7L (now to be designated as subsection (1)) insert:

(2) A regulation cannot be made under subsection (1) in relation to rates or charges imposed under the Local Government Act 1999 except after consultation with the relevant council.

No. 30. Clause 8, page 15, after line 33 [clause 8, new section 7N]—Insert:

7N—Consultation with LGA on prescribed classes of regulations

(1) A regulation of a prescribed class cannot be made for the purposes of this Part unless the Minister has given the LGA notice of the proposal to make the regulation and given consideration to any submission made by the LGA within a period (of between 3 and 6 weeks) specified by the Minister.

(2) In this section—

LGA means the Local Government Association of South Australia.

No. 31. New clause, page 15, after line 20—Insert:

10—Review

(1) The Minister must cause a review of the operation and impact of this Act to be conducted and a report on the results of the review to be submitted to him or her within 2 years after the commencement of this Act.

(2) The Minister must, within 6 sitting days after receiving the report, cause copies of the report to be laid before both Houses of Parliament.

No. 32. Schedule 1, page 15, line 28 [Schedule 1, clause 1, inserted paragraph (d)]—

After 'precinct' insert 'master'

No. 33. Schedule 1, page 15, after line 30 [Schedule 1, clause 1]—After the present contents of clause 1 (now to be designated as subclause (1)) insert:

(2) Section 29—after subsection (3) insert:

(3a) The Minister must, within 1 month of the adoption of, or an amendment to, a precinct implementation plan under the Urban Renewal Act 1995, give effect to the adoption or amendment (as the case requires) by amending the relevant Development Plan by notice in the Gazette.

Consideration in committee.

The Hon. J.R. RAU: I move:

That the Legislative Council's amendments be agreed to.

Motion carried.

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