Planning, Development and Infrastructure Act 2016

This

Act may be cited as the Planning,

Development and Infrastructure Act 2016.

This

Act will come into operation on a day to be fixed by proclamation.

Section 7(5) of the Acts

Interpretation Act 1915 does not apply to this Act.

In this Act, unless the contrary intention appears—

accredited professional means a person who holds an accreditation under section 88;

adjacent land in relation to other land, means land that is no more than 60 metres from the other land;

adjoining owner means the owner of land that abuts (either horizontally or vertically) on the land of a building owner;

advertisement means an advertisement or sign that is visible from a street, road or public place or by passengers carried on any form of public transport;

advertiser in relation to an advertisement, means the person whose goods or services are advertised in the advertisement;

advertising hoarding means a structure for the display of an advertisement or advertisements;

affected

part of a building in relation to which building work is to be carried out means any of the following:

the principal pedestrian entrance of the building;

any

part of the building that is necessary to provide a continuous accessible path of travel from the entrance to the location of the building work;

allotment has, except as provided by subsection (1a), the same meaning as in Part 19AB of the Real

Property Act 1886 and in addition includes a community lot, development lot and common property within the meaning of the Community

Titles Act 1996 and a unit and common property within the meaning of the Strata

Titles Act 1988;

amendment includes an addition, excision or substitution;

amenity of a locality or building means any quality, condition or factor that makes, or contributes to making, the locality or building harmonious, pleasant or enjoyable;

authorised officer means a person appointed to exercise the powers of an authorised officer under this Act;

building means a building or structure or a portion of a building or structure (including any fixtures or fittings which are subject to the provisions of the Building Code), whether temporary or permanent, moveable or immovable, and includes a boat or pontoon permanently moored or fixed to land, or a caravan permanently fixed to land;

building certifier—see section 92;

Building

Code means an edition of the Building

Code of Australia published by the Australian Building Codes Board in the National

Construction Code series;

building consent means a consent granted under section 102(1)(b);

building owner means the owner of land on or in relation to which building work is or is to be performed;

Building

Rules means—

the

Building Code, as it applies under this Act; and

any regulations under this Act that regulate the performance, standard or form of building work; and

without limiting paragraph (b), any regulations that relate to designated safety features; and

the

Ministerial building standards published by the Minister under this

Act;

building work means work or activity in the nature of—

the construction, demolition or removal of a building (including any incidental excavation or filling of land); or

any other prescribed work or activity, but does not include any work or activity that is excluded by regulation from the ambit of this definition;

business day means any day except—

Saturday,

Sunday or a public holiday; or

any other day which falls between 25 December in any year and 1 January in the following year;

CGO means the Coordinator General's Office established under the State

Development Coordination and Facilitation Act 2025;

character preservation area means the area which constitutes a district within the meaning of a character preservation law;

character preservation law means an Act that specifies that it is a character preservation law for the purposes of this Act;

Chief

Executive means the Chief Executive of the Department and includes a person for the time being acting in that position;

Commission means the State Planning Commission established under Part 3

Division 1;

Commissioner for Consumer Affairs means the person holding the office of Commissioner for Consumer

Affairs and includes a person for the time being acting in that office;

Community

Engagement Charter—see section 44;

construct in relation to a building, includes—

to build, rebuild, erect or re‑erect the building;

to repair the building;

to make alterations to the building;

to enlarge or extend the building;

to underpin the building;

to place or relocate the building on land;

council means a council constituted under the Local

Government Act 1999;

Court means the Environment, Resources and Development Court;

Crown means the Crown in right of the State or in any of its other capacities;

Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this

Act;

designated safety features means—

in relation to a swimming pool—swimming pool safety features; and

in relation to a building—safety features relating to the use or occupation of a building;

design standard—see

Part 5

Division 2 Subdivision 4;

development means—

a change in the use of land; or

building work; or

the

division of an allotment; or

the construction or alteration (except by the Crown, a council or other public authority (but so as not to derogate from the operation of paragraph (e))) of a road, street or thoroughfare on land (including excavation or other preliminary or associated work); or

in relation to a State heritage place—the demolition, removal, conversion, alteration or painting of, or addition to, the place, or any other work that could materially affect the heritage value of the place; or

in relation to a local heritage place—any work (including painting) that could materially affect the heritage value of the place (including, in the case of a tree, any tree‑damaging activity) specified by the Planning and Design Code for the purposes of this paragraph (whether in relation to local heritage places generally or in relation to the particular local heritage place); or

the external painting of a building within an area specified by the

Planning and Design Code for the purposes of this paragraph; or

in relation to a regulated tree—any tree‑damaging activity; or

the creation of fortifications; or

prescribed mining operations on land; or

prescribed earthworks (to the extent that any such work or activity is not within the ambit of a preceding paragraph); or

an act or activity in relation to land declared by or under the regulations to constitute development, (including development on or under water) but does not include an act or activity that is declared by or under the regulations not to constitute development for the purposes of this Act;

development authorisation means any assessment, decision, permission, consent, approval, authorisation or certificate required—

by or under this Act; or

by or under any other Act prescribed by the regulations for the purposes of this definition;

division of an allotment means—

the

division, subdivision or resubdivision of the allotment (including by community plan under the Community

Titles Act 1996 and by strata plan under the Strata

Titles Act 1988);

or

the alteration of the boundaries of an allotment; or

the conferral or exercise of a present right to occupy part only of an allotment under a lease or licence, or an agreement for a lease or licence, the term of which exceeds 6 years or such longer term as may be prescribed, or in respect of which a right or option of renewal or extension exists so that the lease, licence or agreement may operate by virtue of renewal or extension for a total period exceeding 6 years or such longer period as may be prescribed, but does not include a lease, licence or agreement of a class excluded from the ambit of this paragraph by the regulations; or

the grant or acceptance of a lease or licence, or the making of an agreement for a lease or licence, of a class prescribed by the regulations, and

to divide has a corresponding meaning;

document means a paper or record of any kind, including a disk, tape or other article from which information is capable of being reproduced (with or without the aid of another article or device);

domestic partner means a person who is a domestic partner within the meaning of the

Family

Relationships Act 1975, whether declared as such under that Act or not;

EIS—see subsection (4);

Environment

Protection Authority means the Environment Protection Authority established under the

Environment

Protection Act 1993;

ERD

Committee means the Environment, Resources and Development Committee of the

Parliament;

ESCOSA means the Essential Services Commission established under the

Essential

Services Commission Act 2002;

essential infrastructure means—

infrastructure, equipment, structures, works and other facilities used in or in connection with—

the generation of electricity or other forms of energy; or

the distribution or supply of electricity, gas or other forms of energy;

and

water infrastructure or sewerage infrastructure within the meaning of the

Water

Industry Act 2012;

and

transport networks or facilities (including roads, railways, busways, tramways, ports, wharfs, jetties, airports and freight‑handling facilities); and

causeways, bridges or culverts; and

embankments, walls, channels, drains, drainage holes or other forms of works or earthworks; and

testing or monitoring equipment; and

coast protection works or facilities associated with sand replenishment;

and

communications networks; and

health, education or community facilities; and

police, justice or emergency services facilities; and

other infrastructure, equipment, buildings, structures, works or facilities brought within the ambit of this definition by the regulations;

fire authority means the South Australian Metropolitan Fire Service or the South

Australian Country Fire Service;

fortification has the same meaning as in Part 16 of the Summary

Offences Act 1953;

Greater

Adelaide means Greater Adelaide constituted under section 5;

joint planning board means a joint planning board constituted under a planning agreement;

land means, according to context—

land as a physical entity, including land covered with water and including any building on, or fixture to, the land; or

any legal estate or interest in, or right in respect of, land;

LGA means the Local Government Association of South Australia;

liability includes a contingent liability;

local government rate means a rate imposed under the Local

Government Act 1999;

local heritage place means a place that is designated as a place of local heritage value by the Planning and Design Code;

locality includes a road, street or thoroughfare;

Mining

Act means—

the

Mining

Act 1971;

or

the

Offshore

Minerals Act 2000;

or

the

Opal

Mining Act 1995;

or

the

Petroleum and Geothermal Energy Act 2000;

or

the

Petroleum (Submerged Lands) Act 1982;

mining production tenement means a lease or licence granted under a Mining Act that is brought within the ambit of this definition by the regulations;

owner of land means—

if the land is unalienated from the Crown—the Crown; or

if the land is alienated from the Crown by grant in fee simple—the owner of the estate in fee simple; or

if the land is held from the Crown by lease or licence—the lessee or licensee; or

if the land is held from the Crown under an agreement to purchase—the person who has the right to purchase;

party wall means a wall built to separate 2 or more buildings or a wall forming part of a building and built on the dividing line between adjoining premises for their common use and includes a common wall for the purposes of the Building Code;

Planning and Design Code—see

Part 5

Division 2 Subdivision 3;

Planning and Development Fund means the Planning and Development Fund continued in existence under this Act;

planning agreement means an agreement under Part 3

Division 3;

planning consent means a consent granted under section 102(1)(a);

planning region means a planning region constituted under section 5;

Planning

Rules means—

the

Planning and Design Code; and

the design standards that apply under Part 5

Division 2 Subdivision 4; and

any other instrument prescribed by the regulations for the purposes of this definition;

practice direction means a practice direction issued by the Commission under, or in accordance with, section 42;

practice guideline means a practice guideline issued by the Commission under, or in accordance with, section 43;

precinct authority means a precinct authority under Part 2B of the Urban

Renewal Act 1995;

prescribed mining operations means operations carried on in the course of—

the recovery of naturally occurring substances (except water) from the earth (whether in solid, liquid or gaseous form);

the recovery of minerals by the evaporation of water, but does not include operations carried on in pursuance of any of the

Mining Acts;

public notice means notice that complies with regulations made for the purposes of this definition;

public place includes a street, road, square, reserve, lane, footway, court, alley and thoroughfare which the public are allowed to use (whether formed on private property or not), any public watercourse, and any foreshore;

public realm means—

parks and other public places; and

streetscapes;

railway includes—

a tramway; and

track structures;

regional plan—see

Part 5

Division 2 Subdivision 2;

Registrar‑General includes the Registrar‑General of Deeds;

regulated tree means—

a tree, or a tree within a class of trees, declared to be regulated by the regulations (whether or not the tree also constitutes a significant tree under the regulations); or

a tree declared to be a significant tree, or a tree within a stand of trees declared to be significant trees, under the Planning and Design

Code (whether or not the tree is also declared to be a regulated tree, or also falls within a class of trees declared to be regulated trees, by the regulations);

relevant authority—see section 82;

repealed

Act means the Development

Act 1993;

right includes a right of action;

SA planning database—see

Part 4

Division 2;

SA planning portal—see

Part 4

Division 2;

significant tree means—

a tree declared to be a significant tree, or a tree within a stand of trees declared to be significant trees, under the Planning and Design

Code (whether or not the tree is also declared to be a regulated tree, or also falls within a class of trees declared to be regulated trees, by the regulations); or

a tree declared to be a regulated tree by the regulations, or a tree within a class of trees declared to be regulated trees by the regulations that, by virtue of the application of prescribed criteria, is to be taken to be a significant tree for the purposes of this Act;

South

Australian Heritage Council means the South Australian Heritage Council constituted under the

Heritage

Places Act 1993;

special legislative scheme—see section 11;

spouse—a person is a spouse of another if they are legally married;

the

State includes any part of the sea—

that is within the limits of the State; or

that is from time to time included in the coastal waters of the State by virtue of the Coastal

Waters (State Powers) Act 1980 of the Commonwealth;

State heritage place means—

a place entered, either on a provisional or permanent basis, in the

State Heritage Register; or

a place within an area established as a State Heritage Area under the

Heritage

Places Act 1993;

statutory instrument means—

a state planning policy; or

a regional plan; or

the

Planning and Design Code; or

a design standard; or

a practice direction, guideline, standard or specification published by the Commission under this Act; or

a plan deposited in the General Registry Office for the purposes of section 7;

or

a notice varying an environment and food production area under section 7;

or

any other instrument prescribed by the regulations for the purposes of this definition;

structure includes a fence or wall;

swimming pool means an excavation or structure that is capable of being filled with water and is used primarily for swimming, wading, paddling or the like and includes a bathing or wading pool or spa pool (but not a spa bath);

swimming pool safety features means a fence, barrier or other structure or equipment prescribed by the regulations for the purposes of this definition;

tree‑damaging activity means—

the killing or destruction of a tree; or

the removal of a tree; or

the severing of branches, limbs, stems or trunk of a tree; or

the ringbarking, topping or lopping of a tree; or

any other substantial damage to a tree, and includes any other act or activity that causes any of the foregoing to occur but does not include maintenance pruning that is not likely to affect adversely the general health and appearance of a tree or that is excluded by regulation from the ambit of this definition;

to undertake development means to commence or proceed with development or to cause, suffer or permit development to be commenced or to proceed.

For the purposes of this Act, an allotment does not include land that is unalienated Crown land or land alienated from the Crown otherwise than in fee simple.

For the purposes of this Act, any plant that is commonly known as a palm will be taken to be a tree.

For the purposes of this Act, a stand of trees is a group of trees that form a relatively coherent group by virtue of being the same or a similar species, size, age and structure.

A reference in this Act to an EIS is a reference to an environmental impact statement, being a document that includes a detailed description and analysis of a wide range of issues relevant to a development or project and incorporates significant information to assist in an assessment of environmental, social or economic effects associated with the development or project and the means by which those effects can be managed.

If at the foot of a section or subsection the words "Additional penalty" appear, those words signify that a person who undertakes development in contravention of, and thus commits an offence against, that section or subsection is liable, in addition to any other penalty prescribed for the offence, to a penalty of an amount not exceeding the cost of the development insofar as it has been undertaken in contravention of that section or subsection.

If at the foot of a section or subsection the words "Default penalty" appear, those words signify that, where a person is convicted of an offence against the section or subsection and the offence continues after the date of the conviction, the person is guilty of a further offence against the section or subsection and liable, in addition to any other penalty prescribed for the offence, to a penalty not exceeding the amount of the default penalty for every day the offence continues after the date of the conviction.

For the purposes of this Act, a person is an associate of another person if—

the other person is a relative of the person or of the person's spouse or domestic partner; or

the other person—

is a body corporate; and

the person or a relative of the person or of the person's spouse or domestic partner has, or 2 or more such persons together have, a relevant interest or relevant interests in shares of the body corporate the nominal value of which is not less than 10% of the nominal value of the issued share capital of the body corporate; or

the other person is a trustee of a trust of which the person, a relative of the person or of the person's spouse or domestic partner or a body corporate referred to in paragraph (b) is a beneficiary; or

the person is an associate of the other person within the meaning of the regulations.

For the purpose of determining whether a change in the use of land has occurred, the commencement or revival of a particular use of the land will, subject to this section, be regarded as a change in the use of the land if—

the use supersedes a previous use of the land; or

the commencement of the use or the revival of the use follows on from a period of non‑use; or

the use is additional to a previously established use of the land which continues despite the commencement of the new use; or

there is an increase in the intensity of the use of the land which is prescribed by the Planning and Design Code as constituting a material increase in use for the purposes of this paragraph.

The revival of a use of land after a period of discontinuance will be regarded as the continuation of an existing use unless (subject to subsection (3))—

the period intervening between the discontinuance and revival of the use exceeds 12 months; or

during the whole or a part of the period intervening between its discontinuance and revival, the use was superseded by some other use.

The revival of a use of land after a period of discontinuance will also be regarded as the continuance of an existing use—

if the revival of the use is allowed under a principle specified by the

Planning and Design Code for the purposes of this subsection; or

in circumstances prescribed by the regulations.

The resumption of an activity carried out on land (or, if there is more than 1 activity that has been carried out, the most significant activity) after a period of cessation of the activity will also be regarded as a change in the use of land if—

the activity, on its resumption, would be inconsistent with a zoning policy that applies in relation to the area where the land is located; and

the period intervening between the cessation and the resumption exceeds—

12 months; or

such longer period (not exceeding 5 years) allowed by the Planning and Design Code in the relevant case.

Subsection (4) does not apply in circumstances prescribed by the regulations.

A change of use within a use class specified in the Planning and Design

Code will not be regarded as a change in the use of land under this

Act.

A change of use specified in the Planning and Design Code as a minor change of use will not be regarded as a change in the use of land under this Act.

Without limiting a preceding subsection, a particular use of land will be disregarded if the extent of the use is trifling or insignificant.

The

Minister—

divide the State into planning regions for the purposes of this Act; and

define

1 of the planning regions as constituting Greater Adelaide for the purposes of this Act.

The first proclamation that constitutes Greater Adelaide for the purposes of this Act must be consistent with Greater

Adelaide as defined by the plan deposited in the General Registry Office at

Adelaide and numbered G16/2015 (being the plan as it existed on

1 December 2015).

The

Governor may, by subsequent proclamation made on the recommendation of the Minister—

vary the boundaries of—

any planning region; or

Greater

Adelaide; or

abolish a planning region (on the basis that a new division is to occur), other than Greater Adelaide.

The

Minister must, in formulating a recommendation for the purposes of subsection (1) or (3)—

seek to reflect communities of interest at a regional level; and

take into account—

the boundaries of the areas of councils and other relevant administrative boundaries that apply within the State; and

relevant economic, social and cultural factors; and

relevant environmental factors (including water catchment areas and biogeographical regions); and

give attention to the need to achieve effective planning consistent with the objects of this Act, and the delivery of infrastructure, government services and other relevant services, at the regional level.

The

Minister must, before a proclamation is made under this section—

seek the advice of the Commission; and

give any council that will be directly affected notice of the proposed proclamation and give consideration to any submission made by such a council within a period (being at least 28 days) specified in the notice, and the Minister may consult in relation to a proposed proclamation with any other person or body as the Minister thinks fit.

The

Minister must seek advice from the Commission under subsection (5)(a) before proceeding to give notice to a council under subsection (5)(b) and, in giving that notice, must furnish to the council a copy of the

Commission's advice.

The

Minister must ensure that a proclamation under this section is published on the SA planning portal.

If the Governor makes a proclamation under subsection (3)(a)(ii)—

the

Minister must cause a copy of the proclamation to be laid before both

Houses of Parliament; and

the proclamation cannot take effect unless approved by a resolution passed by both Houses of Parliament.

Notice of motion for a resolution under subsection (8) must be given at least 6 sitting days before the motion is passed.

A proclamation under this section may define an area (either for the purposes of constituting a planning region or Greater Adelaide) by a plan deposited in the General Registry Office by the Minister (as it exists at a specified date), or in some other way as the Governor thinks fit.

The

Minister may, by notice published in the Gazette and on the SA planning portal, establish a subregion within a planning region.

The

Minister may, by subsequent notice published in the Gazette and on the SA planning portal—

vary the boundaries of a subregion; or

abolish a subregion.

The

Minister must, before a notice is published under this section—

seek the advice of the Commission; and

give any council that will be directly affected notice of the Minister's proposed course of action and give consideration to any submission made by a council within a period (being at least 28 days) specified in the notice, and the Minister may consult in relation to a proposed notice with any other person or body as the Minister thinks fit.

The

Minister must seek the advice of the Commission under subsection (3)(a) before proceeding to give notice to a council under subsection (3)(b) and, in giving that notice, must furnish to the council a copy of the

Commission's advice.

A notice under this section may define an area by a plan deposited in the General Registry Office by the Minister (as it exists at a specified date), or in some other way as the Minister thinks fit.

On the commencement of the Planning,

Registry Office at Adelaide and numbered G9/2025.

Note—

Section 7(1) of the Planning,

Development and Infrastructure Act 2016, which established the initial environment and food production areas, came into operation on 1 April 2017.

The

Minister must ensure that a copy of the plan referred to in subsection (1) is published on the SA planning portal.

In making any decision under this section, the Commission must ensure that areas of rural, landscape, environmental or food production significance within Greater Adelaide are protected from urban encroachment and the Commission may only vary an environment and food production area if the Commission is satisfied—

that—

the variation is consistent with any relevant provisions of the regional plan for Greater Adelaide under section 64;

and

adequate provision cannot be made within Greater Adelaide outside environment and food production areas to accommodate housing and employment growth over the longer term (being at least a 30 year period);

or

that the variation is trivial in nature and will address a recognised anomaly.

If an area of land that is, or is included in, a character preservation area under a character preservation law ceases to be, or to be included in, a character preservation area, the area of land will, at the time of the cessation, by force of this subsection, be taken to be an environment and food production area under this section.

The following provisions will apply in relation to a proposed development that involves a division of land that would create 1 or more additional allotments in an environment and food production area:

a relevant authority, other than the Commission or the Minister, must not grant development authorisation to the development unless the

Commission concurs in the granting of the authorisation;

if the Commission is the relevant authority, the Commission must not grant development authorisation to the development unless the council for the area where the proposed development is situated concurs in the granting of the authorisation;

no appeal lies against a refusal by a relevant authority to grant development authorisation to the development or a refusal by the

Commission or a council to concur in the granting of such an authorisation;

if the proposed development will create additional allotments in an environment and food production area that are to be used for residential development, the relevant authority must refuse to grant development authorisation in relation to the proposed development;

a development authorisation granted in relation to the proposed development will be taken to be subject to the condition that any additional allotments created in an environment and food production area will not be used for residential development.

In acting under subsection (5)(a), the Commission must take into account the objective that areas of rural, landscape, environmental or food production significance within Greater Adelaide should be protected from urban encroachment.

For the avoidance of doubt, the existence of 1 or more environment and food production areas does not affect the operation of this Act, a

Mining Act or any other Act, except as provided in subsection (5).

Subject to this section, the Commission may, from time to time, by notice published on the SA planning portal, vary an environment and food production area under this section (including an environment and food production area taken to be established under this section).

The

Commission may only act under subsection (8) if—

the

Commission has conducted an inquiry into the matter and furnished a report on the outcome of the inquiry to the Minister; or

the

Commission has conducted a review in accordance with subsection (10) and furnished a report on the outcome of the review to the Minister.

The

Commission must conduct a review under subsection (9)(b) on a 5 yearly basis.

The purpose of a review under subsection (9)(b) is to assess the matters set out in subsection (3)(a).

If the Commission publishes a notice under subsection (8), the Minister must, within 6 sitting days after publication of the notice, cause a copy of—

the notice; and

(at the same time as the notice is laid before Parliament) the report of the Commission under subsection (9)(a) or (b) (as the case requires), to be laid before both Houses of Parliament.

If either House of Parliament, acting in pursuance of a notice of motion, passes a resolution disallowing a notice laid before it under subsection (12) the notice cannot take effect.

A resolution is not effective for the purposes of subsection (13) unless the resolution is passed within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the notice was laid before the House.

If a resolution is passed under subsection (13), notice of that resolution must immediately be published in the

Gazette.

If or when a notice laid before both Houses of Parliament under subsection (12) can take effect after taking into account the operation of subsections (13) and (14), the

Commission may, by notice published on the SA planning portal, fix a day on which the notice will come into operation.

A notice under this section may define an area by a plan deposited in the General Registry Office (as it exists at a specified date), or in some other way as the Commission thinks fit.

In this section—

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

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

a dwelling for residential purposes on land used primarily for primary production purposes.

Subject to this section, this Act applies throughout the State.

The regulations may provide—

that a specified provision of this Act does not apply, or applies with prescribed variations, to a part of the State specified by the regulations;

that a specified provision of this Act does not apply, or applies with prescribed variations, in respect of a particular class of place or development, or in any circumstance or situation (or circumstance or situation of a prescribed class), specified by the regulations, and, subject to any condition to which the regulation is expressed to be subject, the operation of this Act is modified accordingly.

This

Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the

Crown.

Except where the contrary intention is expressed in this or any other Act, this Act is in addition to and does not limit or derogate from the provisions of any other Act.

For the purposes of this Act, a special legislative scheme is—

a character preservation law; or

any of the following Acts:

the

River

Murray Act 2003;

the

Adelaide

Dolphin Sanctuary Act 2005;

the

Marine

Parks Act 2007;

the

Arkaroola

Protection Act 2012;

or

another

Act, or a part of another Act, that is—

declared by that other Act to be a special legislative scheme for the purposes of this Act; or

declared by the regulations to be a special legislative scheme for the purposes of this Act.

The primary object of this Act is to support and enhance the State's liveability and prosperity in ways that are ecologically sustainable and meet the needs and expectations, and reflect the diversity, of the State's communities by creating an effective, efficient and enabling planning system, linked with other laws, that—

promotes and facilitates development, and the integrated delivery and management of infrastructure and public spaces and facilities, consistent with planning principles and policies; and

provides a scheme for community participation in relation to the initiation and development of planning policies and strategies.

In association with the object referred to subsection (1), the scheme established by this Act is intended to—

be based on policies, processes and practices that are designed to be simple and easily understood and that provide consistency in interpretation and application; and

enable people who use or interact with the planning system to access planning information, and to undertake processes and transactions, by digital means; and

recognise, protect and promote Aboriginal and Torres Strait Islander knowledge, culture and tradition; and

promote certainty for people and bodies proposing to undertake development while at the same time providing scope for innovation; and

promote high standards for the built environment through an emphasis on design quality in policies, processes and practices, including by providing for policies and principles that support or promote universal design for the benefit of people with differing needs and capabilities; and

promote safe and efficient construction through cost‑effective technical requirements that form part of a national scheme of construction rules and product accreditation; and

provide financial mechanisms, incentives and value‑capture schemes that support development and that can be used to capitalise on investment opportunities; and

promote cooperation, collaboration and policy integration between and among

State government agencies and local government bodies.