Planning, Development and Infrastructure Act 2016

The

Minister may, on the recommendation of the scheme coordinator for a scheme under section 163, vary the scheme so that it also provides for primary infrastructure.

Before making a recommendation under subsection (1), the scheme coordinator must—

if prescribed circumstances apply—

publish a copy of the proposed variation on the SA planning portal and invite interested persons to make submissions on the variation within a period (of at least 28 days) specified by the scheme coordinator; and

prepare a report on the variation and furnish a copy of the report to the

Minister; or

in any other case—

prepare a draft outline of the variation that addresses the matters referred to in section 163A(2) as if the draft outline of the variation were a draft outline of a scheme under section 163A;

and

prepare scoped and costed proposals relating to the variation to the scheme that accord with any relevant design standards; and

if the variation proposes that a funding arrangement should be established under this Division for the primary infrastructure—develop the funding arrangement; and

undertake consultation in relation to the variation in accordance with any requirements under the Community Engagement Charter; and

prepare a report on the matters referred to in the preceding subparagraphs and furnish a copy of the report to the Minister.

Subject to subsection (4), section 166(2) to (4)

apply to the development of a funding arrangement under subsection (2)(b)(iii) proposed in a variation in the same way as they apply to the development of a funding arrangement in relation to a proposed scheme.

The regulations may provide that specified provisions of Subdivision 2 or 4 to 7

do not apply, or apply with prescribed variations, in relation to a variation of a scheme under this section (including in relation to the functions of a scheme coordinator under subsection (2) in relation to a variation).

The

Minister must publish a copy of a report furnished under subsection (2) on the SA planning portal as soon as is reasonably practicable after determining whether or not to make the variation to which the report relates, 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.

A variation under subsection (1) will be made by the Minister by instrument—

notified in the Gazette; and

published on the SA planning portal.

The

Minister must ensure that a copy of the scheme as varied under subsection (1) is published on the SA planning portal as soon as reasonably practicable after the variation is notified under subsection (6).

A funding arrangement that forms part of a scheme as varied under subsection (1) takes effect subject to obtaining an approval under Subdivision 6.

For the purposes of this and any other Act or law, a scheme as varied under subsection (1) takes effect as if it were a scheme under section 163A.

To avoid doubt, section 167(5) to (9)

do not apply to the variation of a scheme under section 163 in accordance with this section.