Off-setting contributions
197 Off-setting contributions
In this section—
designated entity means—
the
Minister; or
a joint planning board or a council acting with the approval of the
Minister.
A designated entity may establish a scheme under this section that is designed to support or facilitate—
development that may be in the public interest or otherwise considered by the designated entity as being appropriate in particular circumstances (including by the provision of facilities at a different site); or
planning or development initiatives that will further the objects of this Act or support the principles that relate to the planning system established by this Act; or
any other initiative or policy—
designated by the Planning and Design Code for the purposes of this subparagraph; or
prescribed by the regulations for the purposes of this subparagraph.
A scheme established under this section may include—
an ability or requirement for a person who is proposing to undertake development (or who has the benefit of an approval under this Act)—
to make a contribution to a fund established as part of the scheme; or
to undertake work or to achieve some other goal or outcome (on an
"in kind" basis); or
to proceed under a combination of subparagraph (i) and subparagraph (ii), in order to provide for or address a particular matter identified by the scheme; and
an ability for a provision of the Planning and Design Code to apply with a specified variation under the terms of the scheme; and
an ability for any relevant authority to act under or in connection with paragraph (a) or (b), including where the relevant authority is not the designated entity that has established the scheme, and the scheme will, in so doing, have effect in accordance with its terms.
If a fund is established as part of a scheme under this section—
the fund will consist of—
any money received under the terms of the scheme; and
any income or accretions produced by the investment of money from the fund; and
any money advanced or made available by the Treasurer or any other person or body for the purposes of the fund; and
the fund will be applied towards the purposes of the scheme in accordance with any directions or approvals of the Treasurer made or given after consultation with the Minister; and
money that is not immediately required for the purposes of the fund may be invested in accordance with provisions included in the scheme; and
the fund must be audited in accordance with provisions included in the scheme.
An approval of the Minister that relates to a scheme to be established by a joint planning board or a council may be given on conditions specified by the Minister.
If a scheme is established under this section, the Minister must—
prepare a report that sets out information about the scheme; and
furnish a copy of the report to the ERD Committee; and
publish a copy of the report on the SA planning portal.
A scheme under this section may be varied or wound up—
by the Minister; or
by another designated entity acting with the approval of the Minister.
The
Minister may, on the winding up of a scheme, make a determination about the use or application of any amount standing to the credit of the fund established as part of the scheme (and any such determination will have effect according to its terms).
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019
- Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019
- Planning, Development and Infrastructure (Planning Agreements) Regulations 2020
2 more instruments made under this Act are listed on the Act’s overview.
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