Planning, Development and Infrastructure Act 2016

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.