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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-11-11 Daily Xml
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Motions

Planning and Development Fund

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

That the general regulations made under the Planning, Development and Infrastructure Act 2016 concerning the Planning and Development Fund, made on 24 September 2020 and laid on the table of this council on 13 October 2020, be disallowed.

(Continued from 14 October 2020.)

The Hon. C.M. SCRIVEN (16:33): Labor supports this motion to disallow the general regulations made under the Planning, Development and Infrastructure Act 2016, made on 24 September 2020 and laid on the table of this council on 13 October 2020. This is not the first time the Labor opposition has supported similarly intentioned motions. The Legislative Council has previously supported this motion on at least two previous occasions.

The Hon. M.C. Parnell: This is the third.

The Hon. C.M. SCRIVEN: Yes, this is the third. We support the disallowance, because these regulations would allow the Minister for Planning to continue to use funds from the Planning and Development Fund to prop up his failed planning reforms. Members will be aware that 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 for strata and community titles. The Planning and Development Fund, more commonly known as the open space fund, is of course meant to be a resource for projects to make streets and suburbs more liveable by developing reserves, planting trees, constructing water harvesting projects and building playgrounds. Instead, the Marshall Liberal government has been diverting resources from the open space fund to prop up the mismanaged planning reforms and the error ridden ePlanning system.

Members interjecting:

The PRESIDENT: Order! There is a little bit too much conversation in the chamber. The Hon. Ms Scriven has the call.

The Hon. C.M. SCRIVEN: So far this reform process has been plagued by a series of crises that have led to massive staff resignations, missed deadlines and massive budget blowouts. It is not surprising that the Liberal government is trying to cover up their budget overruns by raiding other budget lines, but in this case they are raiding funds designed to improve the quality of the amenity of our communities.

The open space fund is there for the specific purpose of improving 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. Of course, during the COVID times of this year I think those open public spaces have become more and more valuable and more and more valued.

Open space and green Parklands are what make our capital city so beautiful. They speak to the vision laid out by Colonel Light in 1837, and those principles speak to the enjoyment and the lifestyle South Australians love and why we are one of the most liveable cities in the world. Our backyards, parks and reserves also foster community, allowing neighbours, friends and families to connect.

The Auditor-General's annual report revealed that the planning department last financial year took $12.9 million from the open space fund to pay for its new planning system—that is right: $12.9 million. The transfer of moneys from the open space fund is on top of nearly $10 million taken from the fund in the previous two financial years to finance the new Planning and Design Code.

We have heard in other forums of parliament just last month that the government has earmarked more money from this fund to pay for its planning reforms. Evidence given confirmed that the government intends to use $25.5 million in total to pay for their planning reforms. This, of course, has serious implications for the local government sector and the moneys available to continue to provide the green open spaces that our communities rightfully expect.

I place on record today Labor's continued support for this disallowance motion. Labor will not stay silent while the open space fund is plundered by the planning minister to prop up the budget shortfall in the development and implementation of the planning code. This is why we will support this disallowance.

The Hon. R.I. LUCAS (Treasurer) (16:37): I rise to speak on behalf of the government to the motion. I have a sense of deja vu all over again. This is the third time that, as has been referred to, we have had this particular debate, so I will not repeat at length the government's position in opposing the motion.

There are many beneficiaries of the new planning and development system, including the general community, development industry, local councils and the state generally. As such, the funding strategy to the program always included a contribution from the Planning and Development Fund. This was a decision of the former Labor 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 of regulations ensures that a portion of the fund can be used to ensure this critical element is required for the implementation of the act to be developed on time, ensuring all South Australians gain the benefit of a new and more efficient planning system. I again indicate the government's opposition to the motion, although we accept that the majority of numbers in this chamber, as has occurred on two previous occasions, are not with the government's position.

The Hon. M.C. PARNELL (16:39): I will exercise a similar discipline to the Treasurer and not speak at any length. As both the Treasurer and the Hon. Clare Scriven have acknowledged, this is now the third time that we have been invited to vote on a motion to disallow the regulations that allow for the raiding of the open space fund, for administration. In fact, the words 'deja vu' were the ones that the Treasurer used. I liken it to the voicemail message of a friend of mine, some time ago: he was a bit of a wag, and when you rang his number the recorded message said, 'You know what this is and you know what to do.' I think that is pretty much what this motion is all about.

I know that other members of the crossbench are not speaking today; they have already assured me that their support for this motion is ongoing. So I have no doubt that we will again in this place disallow these ill-conceived regulations. My sincere hope is that when we open the Government Gazette tomorrow afternoon we will not see the same regulations promulgated again for a fourth time. My promise is that if we do, we will see another disallowance motion back here again.

I would prefer the government to accept the will of this chamber, accept that our view is that the open space fund should be spent on open space, and not keep attempting to use this fund as a cash cow for general administration to do with the new planning system. I commend the motion, and I look forward to its speedy passage.

Motion carried.

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