Urban Renewal Act 1995

The Minister may, at the request of a council or other person or body, by notice in the Gazette, establish a specified area of land as a precinct if the Minister is satisfied that to do so will facilitate—

the development of the area for the purposes of urban renewal;

or

the provision of land suitable for commercial, industrial or residential purposes close to public transport; or

the establishment of new industries; or

development for the purposes of a designated growth area or declared project area both within the meaning of section 162 of the

Planning, Development and Infrastructure

Act 2016; or

other planning and development outcomes for the renewal or redevelopment of a distinct area, having regard to any relevant provisions of a state planning policy under the Planning,

Development and Infrastructure Act 2016. NoteAn area of land established as a precinct need not be a single parcel of land but may be comprised of multiple areas of land (whether those areas of land are adjacent or adjoining or otherwise).

A request under subsection (1) must—

be in a form determined by the Minister that complies with any requirements prescribed by the regulations; and

be accompanied by—

a business case in a form determined by the Minister that—

proposes a name and identifies the area for the proposed precinct;

and

proposes the objectives of the precinct that are to apply for the purposes of subsection (8)(b)(i); and

proposes the body that is to constitute the precinct authority;

and

proposes the manner in which consultation with the community relating to the precinct should be conducted; and

identifies any assets or infrastructure that might be expected to be transferred to another entity in connection with the establishment or development of the precinct, or if or when the precinct plan is revoked under this Part; and

sets out proposed arrangements for the provision of services provided (as at the time of the request) within the proposed precinct by the relevant council (including any agreement with that council); and

addresses any other matter, or complies with any other requirement, prescribed by the regulations; and

the fee (if any) prescribed by the regulations.

Before publishing a notice under subsection (1), the Minister must, within a period prescribed by the regulations—

consult with and have regard to the views of—

the Planning Minister and the State Planning Commission;

and

any council within the area of the proposed precinct;

and

consider the extent to which the establishment of the precinct is consistent with any relevant provisions of a state planning policy under the

Planning, Development and Infrastructure

Act 2016.

The Minister must not publish a notice under subsection (1) that relates to land that forms part of the Adelaide Park Lands within the meaning of the

Adelaide Park Lands

Act 2005 unless the Adelaide Park Lands Authority has consented to the publication of the notice.

Subject to subsection (7), the Minister must, when publishing a notice under subsection (1), also publish (in the case of the establishment of a precinct pursuant to a request under subsection (1)) a copy of the business case that accompanied the request to which the notice relates.

Subsection (6) does not require the Minister to publish any part of the business case that, in the opinion of the Minister, contains commercial information of a confidential nature.

A notice under subsection (1) must—

assign a name to the precinct; and

specify the objectives of the precinct being matters—

that are of importance to the planning and redevelopment of the precinct; and

that must be taken into account in the planning process for the precinct under this Part; and

appoint a precinct authority for the precinct.

The Minister must, within 28 days of the publication of a notice under subsection (1)—

provide a report setting out the location, extent and reasons for the establishment of the precinct to the Environment, Resources and Development

Committee of the Parliament; and

publish a copy of the report on a website determined by the

Minister.

The Minister may, in relation to the objectives referred to in subsection (8)(b), refer the matter to the State

Planning Commission for the State Planning Commission to provide advice on relevant planning, development and assessment issues in the precinct.

In providing advice, the State Planning Commission must take into account—

the character of the precinct and adjacent areas; and

the potential social, economic and environmental impacts of the proposed redevelopment of the precinct; and

the resilience of the environment to cope with urban renewal within the precinct; and

the degree of confidence in the prediction of impacts resulting from the proposed redevelopment of the precinct; and

the extent to which undesirable impacts which may occur are likely to be irreversible; and

the extent to which impacts, and requirements for monitoring and assessing impacts, will be ongoing; and

the presence of other statutory assessment or policy frameworks which provide other procedures or processes to address any issues of concern.

The State Planning Commission must submit to the Minister a report setting out its advice within the time specified by the

Minister.

The Minister must, on the receipt of a report under subsection (12)—

give a copy of the report to the precinct authority;

and

ensure that copies of the report are reasonably available for inspection (without charge) and purchase by the public at places determined by the Minister.

The precinct authority must, other than in circumstances prescribed by the regulations, establish the following panels in relation to a precinct:

a design review panel to provide advice to the authority in relation to—

design elements (in both public and private areas in the precinct) relating to all aspects of planning and development within the precinct;

and

relevant design issues that arise in the planning and development of the precinct; and

practices and procedures that should be adopted in order to promote the use of innovative design solutions to planning and development issues that arise within the precinct (whether due to the nature of the natural or constructed environment within the precinct or for any other reason);

and

any other matter relating to design within the precinct;

a community reference panel comprising representatives of persons who live in or around the precinct to provide advice to the authority in relation to the views of such persons in relation to the plans for the precinct.

The precinct authority may establish any other panel considered appropriate to provide advice relating to planning and development within the precinct.

The precinct authority must comply with any requirements of the

Minister in relation to—

the composition of a panel under this section; and

the manner in which consultation with the community relating to a precinct should be conducted; and

the manner in which a panel under this section may assist in such consultation.

A person authorised in writing by a council within the area of a precinct may attend (but not participate in) any meeting of a panel under this section and may have access to papers provided to members of the panel for the purposes of the meeting.

If the panel considers that a matter dealt with at a meeting attended by a representative of a council should be treated for any reason as confidential, the panel may advise the council of that opinion, giving the reason for the opinion, and the council must treat the matter as confidential.

Subject to subsection (20), the Minister may, in accordance with any requirements of the regulations—

vary; or

revoke, a notice under subsection (1).

Subsection (19)(a) does not apply with respect to a variation in order to take action which, in the opinion of the Minister, is—

minor in nature and has no, or no significant, substantive effect;

or

correcting an error.

The Minister must, before acting under subsection (19)(b), be satisfied that the precinct authority has consulted with any council within the area of the precinct about—

the transfer of any assets or infrastructure to the council on the revocation of the notice (including, if relevant, in connection with the operation of section 23); and

other matters that appear to be relevant to the council in connection with the provisions of this Part no longer applying in relation to the precinct.