Planning, Development and Infrastructure Act 2016

A proposal to prepare a designated instrument may be initiated by—

in relation to a state planning policy—the Commission acting at the request of the Minister; or

the

Commission acting on its own initiative or at the request of the

Minister; or

in relation to a regional plan—a joint planning board.

A proposal to amend a designated instrument may be initiated by—

in relation to a state planning policy—the Commission acting at the request of the Minister; or

the

Commission acting on its own initiative or at the request of the

Minister; or

with the approval of the Minister, acting on the advice of the

Commission—

the

Chief Executive; or

another agency or instrumentality of the Crown; or

a joint planning board; or

a council; or

a provider of essential infrastructure; or

a scheme coordinator appointed under Part 13

Division 1; or

in relation to the Planning and Design Code or a design standard—a person who has an interest in land and who is seeking to alter the way in which the Planning and Design Code or a design standard affects that land.

Without limiting any other provision, an agency or instrumentality of the

Crown may make an application under subsection (2)(b)(ii) in connection with being prescribed under section 122.

Despite subsection (2)(b), the advice of the Commission is not required for an approval of the

Minister under subsection (2)(b) relating to an amendment to a designated instrument in circumstances prescribed by the regulations.

An approval under subsection (2)(b) may be given by the Minister on the basis—

that the person or entity given the approval will conduct the processes specified in the succeeding subsections of this section himself, herself or itself; or

in the case of an approval under subsection (2)(b)(v) or (vii), that the Chief Executive will conduct the processes specified in the succeeding subsections of this section on behalf of the relevant person or entity and charge the person or entity reasonable costs associated with doing so.

An approval of the Minister under subsection (2)(b) may be given on conditions—

prescribed by the regulations; or

specified by the Minister.

A person or entity authorised or approved under a preceding subsection (a designated entity), after all of the requirements of those subsections have been satisfied—

may prepare a draft of the relevant proposal; and

must comply with the Community Engagement Charter for the purposes of consultation in relation to the proposal; and

to the extent that paragraph (b) does not apply, in the case of a proposed amendment to a regional plan that has been prepared by a joint planning board where the amendment is not being proposed by the joint planning board—must consult with the joint planning board; and

to the extent that paragraph (b) does not apply, in the case of a proposed amendment to the Planning and Design Code that will have a specific impact on 1 or more particular pieces of land in a particular zone or subzone (rather than more generally)—must take reasonable steps to give—

an owner or occupier of the land; and

an owner or occupier of each piece of adjacent land, a notice in accordance with the regulations; and

must consult with any person or body specified by the Commission and may consult with any other person or body as the designated entity thinks fit; and

must carry out such investigations and obtain such information specified by the Commission; and

must comply with any requirement prescribed by the regulations.

The designated entity must, after complying with subsection (6), prepare a report in accordance with any practice direction that applies for the purposes of this section (including information about any change to the original proposal that the designated entity considers should be made) and furnish a copy of the report to the

Minister.

The designated entity must, after furnishing a report to the Minister under subsection (7), ensure that a copy of the report is published on the SA planning portal in accordance with a practice direction that applies for the purposes of this section.

A designated entity may enter into an agreement with a person for the recovery of costs incurred by the designated entity in relation to an amendment of the Planning and Design Code or a design standard under this section (subject to the requirement to charge costs under subsection (4)(b) (if relevant)).

After receiving a report under subsection (7)—

if the Minister thinks that the matter is significant—the Minister may consult with the Commission; or

in the case of an amendment where an agreement under subsection (9) for the recovery of costs in relation to the amendment has been entered into—the Minister must consult with the Commission, and the Minister may then—

adopt the designated instrument, or the amendment of a designated instrument (as the case may be), as outlined in the report under subsection (7);

or

make alterations to what is outlined in the report and then proceed to adopt the designated instrument or the amendment, as altered (as the case may be); or

in the case of an amendment—divide the amendment into separate parts and then proceed to adopt 1 or more of those parts; or

determine that the matter should not proceed.

The

Minister must publish on the SA planning portal a copy of any advice furnished to the Minister by the Commission in the course of consultation conducted in accordance with subsection (10)(a) or (b)—

in a case where the action of the Minister involves adopting a designated instrument or an amendment of a designated instrument—within 10 business days of the designated instrument or amendment taking effect; or

in any other case—within 10 business days of taking action under subsection (10).

Subject to this Act, the designated instrument, or the amendment of a designated instrument, adopted under subsection (10)—

in a case where the designated instrument is a state planning policy—does not have effect unless or until it has been approved by the Governor by notice published in the Gazette; and

does not have effect until it is published on the SA planning portal; and

may take effect from the date of publication under paragraph (b), or from a later date specified by the Minister.

Subject to any practice direction issued by the Commission with the approval of the Minister, a process under a preceding subsection may be undertaken as a joint process that relates to 2 or more instruments.