{"id":"character-preservation-mclaren-vale-act-2012","name":"Character Preservation (McLaren Vale) Act 2012","slug":"character-preservation-mclaren-vale-act-2012","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31735,"registerId":"sa-character-preservation-mclaren-vale-act-2012-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Character Preservation (McLaren Vale) Act 2012","content":"South Australia\nCharacter Preservation (McLaren Vale) Act 2012\nAn Act to provide measures to protect and enhance the special character of the McLaren Vale region; and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tInteraction with other Acts\n5\tAdministration of Act\n6\tObjects\n7\tCharacter values of district\n8\tLimitations on land division in district\n9\tPower to require information\n10\tReview of Act\n11\tRegulations\nSchedule 1—Transitional provisions\nPart 3—Transitional provisions\n8\tTransitional provisions\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Character Preservation (McLaren Vale) Act 2012.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\ndevelopment authorisation has the same meaning as in the Planning, Development and Infrastructure Act 2016;\ndistrict means the area defined as the McLaren Vale district by the plan deposited in the General Registry Office at Adelaide and numbered GP 3 of 2012 (being the plan as it exists on 26 June 2012);\nrelevant authority, in relation to a proposed development, means the body determined to be the relevant authority under the Planning, Development and Infrastructure Act 2016 for the purpose of an application made under the Planning, Development and Infrastructure Act 2016 in relation to the proposed development;\nrelevant council means a council whose area includes part of the district;\nresidential development means development primarily for residential purposes but does not include—\n\t(a)\tthe 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\n\t(b)\ta dwelling for residential purposes on land used primarily for primary production purposes;\nrural area means the area of the district not including townships;\ntownship means an area marked as a township in the plan deposited in the General Registry Office at Adelaide and numbered GP 3 of 2012 (being the plan as it exists on 26 June 2012).\n\t(2)\tA reference in this Act to the special character of the district is a reference to the identity and characteristics of the district and locations within the district, having regard to any relevant provisions of a state planning policy under the Planning, Development and Infrastructure Act 2016 and the character values of the district.\n4—Interaction with other Acts\n\t(1)\tExcept where the contrary intention is expressed in this or any other Act, this Act is in addition to and does not limit or derogate from the provisions of any other Act.\n\t(2)\tFor the purposes of the Planning, Development and Infrastructure Act 2016, this Act is a character preservation law.\n5—Administration of Act\nThis Act is to be administered by the Minister responsible for the administration of the Planning, Development and Infrastructure Act 2016.\n6—Objects\n\t(1)\tThe objects of this Act are—\n\t(a)\tto recognise, protect and enhance the special character of the district while at the same time providing for the economic, social and physical well being of the community; and\n\t(b)\tto ensure that activities that are unacceptable in view of their adverse effects on the special character of the district are prevented from proceeding; and\n\t(c)\tto ensure that future development does not detract from the special character of the district; and\n\t(d)\totherwise to ensure the preservation of the special character of the district.\n\t(2)\tA person or body involved in the administration of an Act must, in exercising powers and functions in relation to the district, have regard to and seek to further the objects of this Act.\n7—Character values of district\n\t(1)\tThe following character values of the district are recognised:\n\t(a)\tthe rural and natural landscape and visual amenity of the district;\n\t(b)\tthe heritage attributes of the district;\n\t(c)\tthe built form of the townships as they relate to the district;\n\t(d)\tthe viticultural, agricultural and associated industries of the district;\n\t(e)\tthe scenic and tourism attributes of the district.\n\t(2)\tThe character values of the district are relevant to—\n\t(a)\tassessing the special character of the district; and\n\t(b)\tthe policies to be developed and applied by any state planning policy and the Planning and Design Code under the Planning, Development and Infrastructure Act 2016 in relation to the district.\n8—Limitations on land division in district\n\t(1)\tThis section applies to a proposed development in the rural area that involves a division of land under the Planning, Development and Infrastructure Act 2016 that would create 1 or more additional allotments.\n\t(2)\tA relevant authority (other than the State Planning Commission) must not grant development authorisation to a development to which this section applies unless the State Planning Commission concurs in the granting of the authorisation.\n\t(3)\tIf the State Planning Commission is the relevant authority, the State Planning Commission must not grant development authorisation to a development to which this section applies unless the council for the area where the proposed development is situated concurs in the granting of the authorisation.\n\t(4)\tNo appeal under the Planning, Development and Infrastructure Act 2016 lies against a refusal by a relevant authority to grant development authorisation to a development to which this section applies or a refusal by the State Planning Commission or a council to concur in the granting of such an authorisation.\n\t(5)\tIf a proposed development to which this section applies will create additional allotments to be used for residential development, the relevant authority must refuse to grant development authorisation in relation to the proposed development (if the application for the development authorisation for the division of land was made after the commencement of this section).\n\t(6)\tIf the relevant authority determines an application in respect of a development authorisation on the basis of subsection (5), the relevant authority must notify the applicant of that fact.\n\t(7)\tA development authorisation granted in relation to a proposed development to which this section applies will be taken to be subject to the condition that the additional allotments created will not be used for residential development (if the application for the development authorisation for the division of land was made after the commencement of this section).\n9—Power to require information\n\t(1)\tA person or body responsible for issuing statutory authorisations under an Act (the relevant Act) may, by notice in writing to—\n\t(a)\tan applicant for such a statutory authorisation that relates to, or would otherwise affect, the district; or\n\t(b)\ta government or local government authority,\nrequest that specified information be provided to the person or body to enable the person or body to consider any matter relevant to the objects of this Act in relation to the statutory authorisation (and the applicant or authority of whom the request is made must not, without reasonable excuse, fail to comply with a request under this section).\n\t(2)\tIn this section—\nstatutory authorisation means an approval, consent, licence, permit or other authorisation granted or required under an Act.\n10—Review of Act\n\t(1)\tThe Minister must, within 5 years after the commencement of this Act, undertake a review of this Act.\n\t(2)\tIn conducting the review, the Minister must (in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils.\n\t(3)\tThe review must include an assessment of—\n\t(a)\tthe state of the district, especially taking into account the objects of this Act; and\n\t(b)\tthe family, social, economic and environmental impacts of this Act; and\n\t(c)\tthe impact of this Act on local government in the district; and\n\t(d)\tany steps that have been taken or strategies that have been implemented to address any negative impacts of this Act,\nand may include such other matters as the Minister thinks fit.\n\t(4)\tThe Minister must cause a report on the outcome of the review to be tabled in both Houses of Parliament within 12 sitting days after its completion.\n11—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), those regulations may—\n\t(a)\tmake provision in relation to the referral of any application for development authorisation to the State Planning Commission for the purposes of section 8(2); and\n\t(b)\tprescribe fees in respect of any matter under this Act and provide for their payment, recovery or waiver; and\n\t(c)\tprohibit or restrict the undertaking of a specified activity, or an activity of a specified class, in the district, or in a specified part of the district (despite any other Act or law); and\n\t(d)\tprovide that a person undertaking a specified activity, or an activity of a specified class, or proposing to undertake a specified activity, or an activity of a specified class, in the district, or in a specified part of the district, comply with any prescribed requirement or condition (despite any other Act or law); and\n\t(e)\tprescribe fines, not exceeding $10 000, for offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general application or vary in their application according to prescribed factors; and\n\t(b)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other person or body.\n\t(4)\tBefore a regulation is made under this Act, the Minister must (in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils.\nSchedule 1—Transitional provisions\nPart 3—Transitional provisions\n8—Transitional provisions\nThe Minister must—\n\t(a)\ttake steps to comply with subsection (3aa) of section 22 of the Development Act 1993, as enacted by this Act, in relation to the district under this Act within 6 months after the commencement of this clause; and\n\t(b)\tensure that any Development Plan under that Act that relates to the district, or part of the district, is reviewed within 6 months after the alterations to the Planning Strategy under paragraph (a) have been made for the purpose of determining whether any amendments should be made to the Development Plans on account of the provisions of the Planning Strategy as altered under paragraph (a) or on account of any other provisions that are relevant to the operation and effect of this Act; and\n\t(c)\t(in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils in relation to the matters specified in paragraphs (a) and (b).\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Character Preservation (McLaren Vale) Act 2012 amended the following:\nDevelopment Act 1993\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2012\n39\nCharacter Preservation (McLaren Vale) Act 2012 \n8.11.2012\n18.1.2013 (Gazette 17.1.2013 p75)\n2016\n14\nPlanning, Development and Infrastructure Act 2016\n21.4.2016\nSch 6 (cll 10 to 16)—19.3.2021 (Gazette 4.3.2021 p822)\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n19.3.2021\ns 2\nomitted under Legislation Revision and Publication Act 2002\n19.3.2021\ns 3\n\n\ns 3(1)\n\n\ndevelopment authorisation\namended by 14/2016 Sch 6 cl 10(1)\n19.3.2021\nPlanning Strategy\ndeleted by 14/2016 Sch 6 cl 10(2)\n19.3.2021\nrelevant authority\namended by 14/2016 Sch 6 cl 10(3)\n19.3.2021\ns 3(2)\namended by 14/2016 Sch 6 cl 10(4)\n19.3.2021\ns 4\n\n\ns 4(2)\namended by 14/2016 Sch 6 cl 11\n19.3.2021\ns 5\namended by 14/2016 Sch 6 cl 12\n19.3.2021\ns 7\n\n\ns 7(2)\namended by 14/2016 Sch 6 cl 13\n19.3.2021\ns 8\n\n\ns 8(1)\namended by 14/2016 Sch 6 cl 14(1)\n19.3.2021\ns 8(2)\namended by 14/2016 Sch 6 cl 14(2)\n19.3.2021\ns 8(3)\namended by 14/2016 Sch 6 cl 14(2)\n19.3.2021\ns 8(4)\namended by 14/2016 Sch 6 cl 14(1), (2)\n19.3.2021\ns 10\n\n\ns 10(3)\namended by 14/2016 Sch 6 cl 15\n19.3.2021\ns 11\n\n\ns 11(2)\namended by 14/2016 Sch 6 cl 16\n19.3.2021\nSch 1\n\n\nPts 1 and 2\nomitted under Legislation Revision and Publication Act 2002\n19.3.2021\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's scope was altered to align with the Planning, Development and Infrastructure Act 2016. Multiple definitions and procedural provisions were amended (see Provisions amended: s 3—development authorisation and relevant authority amended by 14/2016 Sch 6 cl 10; s 4(2) amended cl 11; s 5 amended cl 12; s 7(2) amended cl 13; s 8 subsections amended cl 14; s 10(3) amended cl 15; s 11(2) amended cl 16; parts of Schedule 1 omitted). Those changes refocus decision‑making and referral mechanics within the new planning regime, affecting which bodies decide, how referrals/concurrence operate, and how the Act interacts with other planning instruments."},"complexity_factors":["Cross-reference and dependency on the Planning, Development and Infrastructure Act 2016 for key terms and decision‑making roles (s 3; s 4(2)).","Concurrence and referral rules that shift who must agree to land divisions (State Planning Commission vs relevant authority vs council) and create inter-agency coordination complexity (s 8(2)–(3)).","Bar on appeals for refusals in this context reduces judicial/merits review avenues and changes dispute resolution pathways (s 8(4)).","Conditional development authorisations that restrict subsequent land use (prohibition on residential use) impose ongoing use constraints on new allotments (s 8(5)–(7)).","Broad regulation‑making powers able to override other laws and impose fines up to $10,000 increase administrative discretion and scope (s 11(1)–(3); s 11(2)(c)–(e)).","Compulsory information requests on applicants and authorities create direct compliance burdens and potential enforcement questions (s 9).","Statutory review and transitional obligations require ministerial action, consultation, and potential plan amendments within fixed timeframes (s 10; Schedule 1, cl 8).","Amendments listed (2016 Act) altering definitions and multiple sections add interpretive complexity when applying the Act alongside successor planning legislation (Provisions amended list)."],"plain_english_summary":"This Act protects the special character of the McLaren Vale district by limiting land division and preventing additional residential allotments in the rural area, requiring concurrence from the State Planning Commission or the local council for such divisions and removing appeals against refusals (ss 6–9). It affects landowners, developers, local councils and state planning bodies: landowners bear compliance costs and possible prohibition on creating residential lots; authorities decide approvals, can require information, and the Minister must administer and review the Act within five years (ss 5,9,10,11)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on general knowledge, the Act appears to have remained focused on its original purpose of preserving the rural and viticultural (wine-growing) character of McLaren Vale. No significant scope changes are known, though amendments may have occurred that cannot be verified from the retrieved content."},"complexity_factors":["Analysis is based on general knowledge rather than the actual legislative text — full complexity cannot be assessed","Land use and planning legislation typically involves interaction with multiple other Acts (e.g., Planning, Development and Infrastructure Act 2016)","Determining what land falls within the protected zone may require reference to maps or regulations not contained in the Act itself","Exemptions and permitted land uses can create nuanced distinctions that are difficult for laypeople to navigate"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Character Preservation (McLaren Vale) Act 2012** (South Australia) could not be retrieved — the legislation website returned a 'Page Not Found' error, likely due to a URL change following a website update in March 2026.\n\n### What is generally known about this Act:\nBased on its title and publicly available background information, this South Australian law was designed to **protect the rural and agricultural character of the McLaren Vale region** — a famous wine-producing area south of Adelaide. Its core purpose is to:\n\n- **Restrict urban sprawl** (the spread of housing and development) into McLaren Vale's productive farmland and vineyards\n- **Preserve the landscape and 'character'** of the region for farming, tourism, and community identity\n- **Limit the types of development** that can occur in designated protected areas\n- Work alongside a companion Act protecting the **Barossa Valley**\n\nThis law primarily affects **landowners, property developers, farmers, and local councils** in the McLaren Vale area. If you own land there and want to build or subdivide, this Act likely restricts what you can do.\n\n> ⚠️ **Note:** This summary is based on general knowledge of the Act, NOT the retrieved legislative text, which was unavailable. Do not rely on this for legal decisions — consult the [SA Legislation website](https://www.legislation.sa.gov.au) directly or seek legal advice."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of protecting McLaren Vale's character. The 2016 amendments updated references from the repealed Development Act 1993 to the new Planning, Development and Infrastructure Act 2016, but did not expand the geographic scope or substantive powers. The core mechanism — preventing residential subdivision in rural areas — remains unchanged from the 2012 intent."},"complexity_factors":["8 defined terms in section 3, but most simply reference other legislation (Planning, Development and Infrastructure Act 2016)","Nested conditional logic in section 8 with multiple triggers: rural area + land division + residential use + application date","Cross-referencing to external map (Plan GP 3 of 2012) for geographic boundaries","Interaction provisions requiring reconciliation with Planning, Development and Infrastructure Act 2016","Transitional provisions in Schedule 1 reference repealed Development Act 1993 provisions (now historical)","Regulation-making powers in section 11 include broad discretion ('despite any other Act or law') with criminal penalties up to $10,000"],"plain_english_summary":"This South Australian law protects the unique character of the McLaren Vale wine region (south of Adelaide) from inappropriate development.\n\n**What it does:**\n- **Defines 'special character'** as the area's rural landscape, heritage, townships, vineyards, agriculture, and tourism appeal\n- **Blocks residential subdivision** in rural areas — you generally cannot carve up farmland to create new housing blocks\n- **Requires double approval** for any land division in rural areas — both the local council and the State Planning Commission must agree\n- **Bans appeals** against refusals for these rural subdivisions\n- **Gives the Minister power** to demand information from developers and government bodies about projects affecting the district\n\n**Who it affects:**\n- **Landowners** in McLaren Vale wanting to subdivide rural land\n- **Developers** seeking to build residential estates on farmland\n- **Local councils** (Onkaparinga and Alexandrina) who must administer the rules\n- **The wine and tourism industries** who benefit from preserved scenic values\n\n**Why it matters:**\nMcLaren Vale is one of Australia's premier wine regions. Without this law, farmland could be fragmented into housing lots, destroying the vineyard landscape that drives tourism and agriculture. The Act creates a legal 'character protection zone' that prioritises keeping the area rural and scenic over urban expansion.\n\n**Key limitation:** The Act only applies to land shown on a specific map (Plan GP 3 of 2012) and distinguishes between 'rural areas' and 'townships' — towns themselves have different rules."}},"importantCases":[],"_links":{"self":"/api/acts/character-preservation-mclaren-vale-act-2012","history":"/api/acts/character-preservation-mclaren-vale-act-2012/history","analysis":"/api/acts/character-preservation-mclaren-vale-act-2012/analysis","conflicts":"/api/acts/character-preservation-mclaren-vale-act-2012/conflicts","importantCases":"/api/acts/character-preservation-mclaren-vale-act-2012/important-cases","documents":"/api/acts/character-preservation-mclaren-vale-act-2012/documents"}}