Planning, Development and Infrastructure Act 2016

The

Design Code under this section if—

the amendment comprises a change—

to the application of a zone, subzone or overlay; or

of a prescribed kind; and

the amendment is consistent with a recommendation in the relevant regional plan that, through the use of—

specific maps or other spatial information; and

specific information about the changes that are being proposed, clearly and expressly identifies (in the opinion of the Minister) the changes that are considered to be appropriate.

An amendment under subsection (1) must be the subject of consultation under the Community Engagement

Charter.

The

Minister may initiate or agree to an amendment to the Planning and

Design Code if—

the amendment comprises a change—

to the application of a zone, subzone or overlay; or

of a prescribed kind; and

the amendment is consistent with a proposed amendment set out in a scheme initiated under section 163A in relation to the provision of primary infrastructure and adopted under section 167 that, through the use of—

specific maps or other spatial information; and

specific information about the changes that are being proposed, clearly and expressly identifies (in the opinion of the Minister) the changes that are considered to be appropriate.

An amendment under this section is effected by an instrument deposited on the SA planning portal for publication on the SA planning database (in accordance with requirements established by the Chief

Executive).

An amendment under this section—

takes effect from a date specified in the instrument under subsection (3);

and

takes effect without the need to take any other steps under this Division and without the need to be approved under any other provision of this Act; and

does not need to be referred to the ERD Committee under this Part (and is not subject to disallowance).