Barrister AI
All legislation
SAAct
In force
This is the latest official compilation.Check the official source →
s 7I

Precinct plans

In force
Part 2BUrban renewal

7I Precinct plans

(1)

The precinct authority must prepare and maintain a precinct master plan and precinct implementation plans for a precinct established under this

Part.

(2)

A precinct master plan should seek to promote any relevant provisions of a state planning policy under the Planning, Development and Infrastructure

Act 2016 and may—

(a)

set out principles and policies for achieving the objectives specified by the Minister in establishing the precinct; and

(b)

set out the spatial structure of the precinct and how the precinct is to be integrated with surrounding areas; and

(c)

make provision with respect to the mix of land uses and scale of development intended for the precinct; and

(d)

identify—

(i)

existing critical infrastructure within the precinct;

and

(ii)

relevant infrastructure works required in the precinct for the purposes of urban renewal; and

(e)

specify design guidelines for development, which may include specific design criteria relating to buildings or classes of buildings;

and

(f)

specify the zones, subzones and overlays that will apply in the precinct and make provision in relation to any other matter which the Planning and Design Code under the Planning,

Development and Infrastructure Act 2016 may provide for, including specifying classes of development within the area that will be taken to be deemed‑to‑satisfy development for the purposes of that Act;

and

(g)

provide for the provision of open space or the making of payments (insofar as it is relevant to development within the precinct) in connection with the requirements imposed under section 198 of the

Planning, Development and Infrastructure

Act 2016; and

(h)

address, adopt or incorporate any other matter specified by the

Minister.

(3)

A precinct implementation plan—

(a)

may apply to all or part of a precinct; and

(b)

must specify the area to which it applies.

(4)

A precinct implementation plan should, in relation to the area to which it applies, seek to promote any relevant provisions of a state planning policy under the Planning, Development and

Infrastructure Act 2016 and may—

(a)

specify, in particular—

(i)

detailed plans and maps relating to—

(A)

roads; and

(B)

sizes and arrangements of allotments; and

(C)

building heights and density; and

(D)

public places; and

(ii)

an implementation framework, including in relation to infrastructure works; and

(b)

address, adopt or incorporate any other matter specified by the

Minister.

(5)

The precinct authority must, in preparing a precinct plan, have regard to any relevant provisions of the Planning and Design

Code.

(6)

A provision of a precinct plan may—

(a)

refer to or incorporate wholly or partially and with or without modification, a standard or other document prepared or published by a prescribed body, either as in force at the time the provision comes into operation or as in force from time to time; and

(b)

be of general or limited application; and

(c)

make different provision according to the persons, things or circumstances to which it is expressed to apply; and

(d)

provide that any matter or thing is to be determined, dispensed with or regulated according to the discretion of the Minister, precinct authority or any other prescribed person or body.

(7)

A precinct plan is a public document of which a court or tribunal will take judicial notice, without formal proof of its contents.

(8)

The precinct authority must, in relation to any proposal to create a precinct plan—

(a)

prepare a draft of the proposal; and

(b)

take reasonable steps to consult with—

(i)

any design review panel, community reference panel or other panel established for the precinct under section 7H(14); and

(ii)

any Government Department or other agency that has a direct interest in the matter; and

(iii)

each council that has a direct interest in the matter, in relation to the proposal; and

(c)

(i)

in the case of a precinct master plan—

(A)

by public advertisement, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within a period specified by the precinct authority; and

(B)

hold a meeting where members of the public may attend and make representations in relation to the proposal, if the Minister considers it necessary or desirable for such a meeting to be held; or

(ii)

in the case of a precinct implementation plan—undertake such public consultation on the proposal as is determined by the Minister to be appropriate.

(10)

The precinct authority must, after complying with the requirements of subsection (8)—

(a)

prepare a report on the matters raised during the consultation period; and

(b)

provide a copy of the report to the Minister and the Planning

Minister.

(11)

The Minister and the Planning Minister must take into account the contents of the report received under subsection (10)(b) before taking action under subsection (13)(a) in relation to the precinct plan to which the report relates.

(12)

The Minister may seek the advice of the State Planning Commission on a report received under subsection (10)(b) (and, in particular, the State

Planning Commission may consider and advise on the report in the context of the relevant report prepared by the State Planning Commission under section 7H(12)).

(12a)

The Minister may, in accordance with any requirements of the regulations, amend a precinct plan.

(13)

A precinct plan, or an amendment to a precinct plan—

(a)

has no force or effect until—

(i)

in the case of a precinct master plan—adopted by the

Minister on the recommendation of the Planning Minister; or

(ii)

in the case of a precinct implementation plan—adopted by the

Minister; and

(b)

may have effect from the date of publication in the Gazette, or from a later date specified in the precinct plan or amendment (as the case may be).

(14)

Section 74 of the Planning,

Development and Infrastructure Act 2016 applies to the adoption or amendment of a precinct master plan as if references in that section to an approval or amendment of a designated instrument under

Part 5 of that Act were references to the adoption or amendment of a precinct master plan under this section.

(15)

The precinct authority must, as soon as is reasonably practicable after the adoption of a precinct plan—

(a)

make appropriate provision for the publication of the precinct plan, including by publication in the Gazette; and

(b)

ensure that copies of the precinct plan are reasonably available for inspection (without charge) and purchase by the public at a place or places determined by the precinct authority; and

(c)

ensure that public notice is given of any amendment to a precinct plan within a reasonable time after the amendment is adopted or made (as the case may be).

(16)

The Minister must, as soon as is reasonably practicable after the adoption of a precinct plan, publish on a website determined by the

Minister—

(a)

a copy of a report provided to the Minister under subsection (10); and

(b)

any advice received from the State Planning Commission under subsection (12) on the report.

(17)

The Minister may, on the recommendation of the Planning Minister, by notice in the Gazette, revoke a precinct master plan.

(18)

The Minister may, by notice in the Gazette, revoke a precinct implementation plan.

(19)

The Minister must, within 28 days of the adoption of, or an amendment to, a precinct implementation plan, or the revocation of a precinct plan—

(a)

provide a report on the matter to the Environment, Resources and

Development Committee of the Parliament; and

(b)

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

Minister.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.