Planning, Development and Infrastructure Act 2016

The

Minister or a person or body interested in the provision or delivery of basic infrastructure (a proponent) may initiate a scheme under this section in relation to the provision of basic infrastructure in, or in connection with, a designated growth area.

A scheme under this section should be limited to—

the provision of basic infrastructure; and

funding arrangements for the provision of that basic infrastructure, in

1 or more of the following situations:

the basic infrastructure is reasonably necessary for the purposes of development that is proposed or to be undertaken within the designated growth area (including on account of rezoning that has occurred, or is expected to occur, in relation to the whole or a significant part of the development that is to occur within the designated growth area);

the basic infrastructure will support, service or promote significant development that is proposed or to be undertaken within the designated growth area;

it is reasonably necessary or efficient to coordinate the design, construction and funding of basic infrastructure under a scheme because of the scale of—

development that is proposed or to be undertaken within the designated growth area; or

the basic infrastructure that is to be provided, (or both).

Subject to subsection (4), a proposal by the Minister to proceed under this section may be initiated—

on the Minister's own initiative; or

at the request of another person or body interested in the provision or delivery of infrastructure.

The

Minister may only act under this section on the advice of the

Commission.

The

Commission must, in providing advice under this section, take into account any relevant state planning policy and regional plan, and the relevant provisions of the Planning and Design Code (subject to any relevant amendments that might be made in connection with potential or proposed development that is to be undertaken within the designated growth area).

The

Minister or a proponent will initiate a scheme by preparing a draft outline of the scheme that—

provides information about—

the nature and intended scope of the basic infrastructure; and

any related development that is proposed to be undertaken as part of the scheme; and

identifies the proposed designated growth area; and

provides information about the proposed timing or staging of the various elements of the scheme (to the extent such information is known); and

outlines, so far as is reasonably practicable, a funding arrangement for the scheme, including whether it is proposed to impose a charge under

Subdivision 7;

and

provides information about the person or body that will be carrying out the work envisaged by the scheme (to the extent that is known); and

identifies any basic infrastructure or other assets that might be expected to be transferred to another entity when the scheme has been completed; and

provides information regarding the operation and administration of the scheme and the associated costs (to the extent such information is known);

and

identifies further studies or assessments (if any) required to finalise the scheme for adoption; and

provides such other information as the proponent thinks fit, or the Minister thinks fit after consultation with the Commission.

In giving consideration to the nature and intended scope of basic infrastructure under a scheme, the Minister or proponent must seek to facilitate the provision of infrastructure that is—

fit for purpose; and

capable of adaptation as standards or technology change over time (insofar as is reasonably practicable or appropriate in the circumstances); and

capable of augmentation or extension to accommodate growth or changing circumstances over time (insofar as is reasonably practicable or appropriate in the circumstances); and

where appropriate, designed to build capacity for the future, including by allowing for connections, extensions or augmentation by others who are able to leverage off the initial investment in the basic infrastructure; and

designed and built to a standard that is appropriate taking into account the nature and extent of development that is proposed to be undertaken within the relevant designated growth area; and

capable of being procured and delivered in a timely manner to facilitate and promote orderly and economic development.

In giving consideration to the constitution of a designated growth area under subsection (6)(b), consideration must be given to—

the area or areas which will benefit from any basic infrastructure to be provided under the proposed scheme; and

the extent to which it is possible to establish an area that will provide fair and sufficient funds over time with respect to the provision of the basic infrastructure under the proposed scheme; and

the extent to which the designated growth area may overlap with a contribution area under Subdivision 3.

In giving consideration to whether or not to include a proposal for the imposition of a charge under Subdivision 7, the Minister or proponent (in so far as it is reasonably practicable for the proponent to do so) must take into account—

the extent that it is reasonable that other sources of funding be used instead; and

any schemes or arrangements (including with respect to the imposition of separate or other rates or charges) that are already in place, or already planned (and known to the Minister or proponent) with respect to the provision of basic infrastructure or the undertaking of works in the designated growth area (or in an adjacent or related area);

and

whether the Minister proposes to terminate an agreement or deed under section 167 in connection with the adoption of the scheme.

The

Minister or proponent, in preparing the draft outline, must—

take reasonable steps to consult with—

the owners of land within the proposed designated growth area; and

take reasonable steps to consult with the council within whose area the proposed designated growth area is situated, and may consult with any other person or body as the Minister or proponent thinks fit.

A draft outline prepared by a proponent must be submitted to the

Minister for approval, together with—

a report to the Minister setting out the outcome of the consultation required under subsection (10);

and

any other information required by the Minister.

The

Minister must cause a draft outline prepared or approved by the

Minister to be—

notified in the Gazette; and

published on the SA planning portal.

In addition, the Minister must, as soon as is reasonably practicable after acting under this section on the advice of the Commission, publish the advice on the SA planning portal subject to any qualifications or redactions that are necessary to prevent the disclosure of confidential or commercially sensitive information provided by or relating to—

an owner or occupier of land; or

a proponent of development relating to the provision of infrastructure;

or

a provider of infrastructure.

The

Minister will then (at a time determined by the Minister) refer the proposed scheme to the Chief Executive for the appointment of a scheme coordinator.