Preparation and amendment of charter
45 Preparation and amendment of charter
A proposal to prepare or amend the charter may be initiated by the
Commission acting on its own initiative or at the request of the
Minister.
The
Commission must, after a proposal is initiated under subsection (1)—
prepare a draft of the proposal; and
consult with—
any entity specified by the Minister; and
the
LGA; and
any other entity prescribed by or under the regulations; and
any other entity the Commission thinks fit; and
ensure that a copy of the proposal is published on the SA planning portal with an invitation for interested persons to make representations (in writing or via the SA planning portal) on the proposal within a period specified by the Commission.
The
Commission must, after complying with subsection (2), prepare a report on the matters raised during consultation (including information about any change to the original proposal that the
Commission considers should be made) and furnish a copy of the report to the Minister.
The
Minister may then—
adopt the charter, or the amendment to the charter (as the case may be), as recommended in the report under subsection (3);
or
make alterations to what is recommended in the report and then proceed to adopt the charter or the amendment, as altered (as the case may be);
or
determine that the matter should not proceed.
The charter, or an amendment to the charter, adopted under subsection (4)—
does not have effect until it is published on the SA planning portal; and
may take effect from the date of publication under paragraph (a), or from a later date specified by the Minister.
Despite a preceding subsection, the Commission may, by instrument published on the SA planning portal, amend the charter—
in order to make a change of form (without altering the effect of an underlying policy reflected in the charter); or
in order to take action which, in the opinion of the Commission, is correcting an error.
In addition, the Commission must ensure that the various parts of the charter are reviewed at least once in every 5 years according to a scheme approved by the Minister.
The outcome of a review undertaken to comply with subsection (7) must be embodied in a written report furnished to the Minister.
The
Minister must, within 6 sitting days after receiving a report under subsection (8), cause copies of the report to be laid before both Houses of
Parliament.
This provision refers to the regulations (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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