Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-09-15 Daily Xml

Contents

SEAFORD HEIGHTS DEVELOPMENT

The Hon. R.L. BROKENSHIRE (14:58): Given the minister's answer where he indicates that he will not support my bill or any amendments to my bill, has he had any discussions on, or does he intend to support, another local member's private bill or, alternatively, introduce a government bill to protect the Willunga Basin in legislation?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Industrial Relations, Minister Assisting the Premier in Public Sector Management) (14:58): We can protect the Willunga Basin by simply changing the development plan. One can certainly pass a bill that duplicates that but, if the development plan over the Willunga Basin agricultural area is changed to prevent subdivision, that is effectively the law. It could be overturned only if one were to appeal to the court. However, if it becomes a non-complying issue under the development plan to subdivide land, then that does have legal effect; it has statutory effect. So, whatever the government is looking at doing in the first instance in terms of whether legislation can achieve any other objectives, I would not rule out that there is not ultimately a role for legislation.

I can say that we had experience of this in areas similar to McLaren Vale. We had this with the Barossa Valley, I think, under one of my planning predecessors—Susan Lenehan or Don Hopgood—who introduced special measures to prevent subdivision within the Barossa Valley. There is no subdivision less than 40 hectares, from memory, and one cannot build on an allotment smaller than 25 hectares, if I recall it correctly. That has been the case in the Barossa for some years and has been effective.

There are also issues in relation to the townships of the Willunga Basin and how their character might be affected and a number of other issues. The member for Mawson is particularly active in looking at these issues, so I would not rule out any further measures along that line. I am saying that the most important short-term action that can be taken under current measures is to, perhaps, look at the development plan for the area, because that does have legal effect on what can happen in that basin.