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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-09-23 Daily Xml
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Planning Regulations

Adjourned debate on motion of Hon. M.C. Parnell:

That the General Miscellaneous No. 2 Regulations under the Planning, Development and Infrastructure Act 2016, made on 23 July 2020 and laid on the table of this council on 8 September 2020, be disallowed.

(Continued from 9 September 2020.)

The Hon. C.M. SCRIVEN (16:47): I do have a feeling of déjà vu, and I am sure I am not the only one in this chamber who does. I should mention that I am the lead speaker for the opposition in support of this item.

We have seen this come here a number of times now and I suspect we may continue to see it come here a number of times, and I note that the Hon. Mr Parnell indicated that is indeed the case. However, we know that not everyone is such an avid follower of Hansard as we are, so I will again put on the record a number of points.

Labour supports this motion to disallow the general regulations made under the Planning, Development and Infrastructure Act 2016 made on 23 July 2020 and laid on the table of this council on 8 September 2020. We support the disallowance because these regulations would allow the Minister for Planning to use funds from the Planning and Development Fund to prop up failed planning reforms.

As we have said before, under the Planning, Development and Infrastructure Act 2016 applicants who create new developments are required to pay into the Planning and Development Fund. They pay in moneys to enable projects to be undertaken to improve the public realm. Money paid into the fund is derived from cash payments in lieu of open space for development, involving the division of land into less than 20 allotments and strata and community titles.

The key point is that the fund is for projects to make streets and suburbs more liveable by developing reserves, planting trees, constructing water-harvesting projects and building playgrounds, to name a few. Instead, this government wants this money to be diverted to prop up the mismanaged planning reforms and ePlanning system.

So far, that reform process has been plagued by a series of crises that has led to massive staff resignations, missed deadlines and massive budget blowouts, so it is not surprising that the Marshall Liberal government wants to cover up its failure and is trying to raid other budget lines such as this one. But in this case the fund is designed to improve the quality and the amenity of our communities. These funds are to improve the conservation, enhancement and enjoyment of public open spaces and to provide communities access to quality, green public open space for positive health and wellbeing outcomes. It should not be plundered.

The Hon. Mr Parnell reflected in a very timely way on how much COVID-19 and restrictions that have been placed upon us have made these open spaces, these green spaces, even more important and even more appreciated by members of our state. Certainly, I have heard a number of people who live in the city talking about how, for the first time in some cases, it has really been brought home to them, either where there is a lack of public green space or, where it exists, how important it is to them and how much of a difference it has made during the months that we have been dealing with COVID-19.

Labor will not allow the open space fund to be plundered by the planning minister to prop up the budget shortfall in the development and implementation of the planning code. We do not want to see that happen and that is why we will yet again support this disallowance.

The Hon. R.I. LUCAS (Treasurer) (16:51): I rise on behalf of government members to oppose the motion. The proposed motion to disallow the regulations will throw away regulations critical to the operation of the state's planning system. The regulations commenced operation in regional areas of the state on 31 July 2020, and will apply to the whole of South Australia at the commencement of phase 3 of the Planning and Design Code.

The regulations build on the initial set of general regulations also disallowed through a motion of the Hon. Mr Parnell on 4 December 2019. Whilst largely procedural or technical in nature they, importantly, prescribe additional referral bodies to a line of policy contained in phase 2 of the Planning and Design Code, correction of procedural gaps and correcting references to specific code provisions. In effect, these regulations make the system work as intended.

It is noted that Mr Parnell is particularly concerned with variation 25 relating to the Planning and Development Fund. Regarding that fund, $25 million has been allocated to a diverse range of projects, from playgrounds, biodiversity trails, main street and Linear Park upgrades. There are a number of beneficiaries to the new planning and development system, including the general community, development industry, local councils and the state generally. As such, the funding strategy of the program always included a contribution from the Planning and Development Fund. This was a decision of the previous government.

Members would be aware that the Planning and Development Fund can be used for a range of purposes as set out in section 195 of the Planning, Development and Infrastructure Act 2016. The act envisages regulations that set out additional circumstances in which the fund can be used. The variation regulation ensures that a portion of the fund can be used to ensure the critical elements required for the implementation of the act to be developed on time, ensuring that all South Australians gain the benefit of a new and more efficient planning system.

These regulations are sound and are based on extensive consultation, particularly with government agencies. They ensure the development assessment system is now a comprehensive and efficient system which seeks to benefit all users across South Australia. For those reasons, I am advised by the minister that the government opposes the motion.

The Hon. J.A. DARLEY (16:53): For the record, I will be supporting this motion.

The Hon. F. PANGALLO (16:53): SA-Best will be supporting the motion.

The Hon. M.C. PARNELL (16:53): Can I first thank the Hon. Clare Scriven and the Treasurer for their contributions, and also my crossbench colleagues. We do not need to spend a long time on this, it is exactly the same disallowance motion that has previously passed this council. The message for the government is very clear: the open space fund should not be raided for administrative purposes.

Since we last disallowed these regulations we have had a change in minister. I did reach out to the new minister and I keep that offer on the table. The Treasurer has pointed out that there are a number of things the government believes will be bad outcomes if the whole of these regulations are disallowed. I would again remind the chamber that it is the only tool we have. We cannot pick and choose which bits of the regulations to disallow; it is all or nothing.

My invitation to the government is very clear: bring these regulations back, by all means, but not with regulation 25 that allows for the raiding of the open space fund. Take that out, and I think you will find that the regulations will pass through this chamber uncontested. With those brief words, I look forward to the ongoing support of this council in again disallowing these regulations.

Motion carried.

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