{"id":"planning-development-and-infrastructure-planning-agreements-regulations-2020","name":"Planning, Development and Infrastructure (Planning Agreements) Regulations 2020","slug":"planning-development-and-infrastructure-planning-agreements-regulations-2020","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236249,"registerId":"sa-planning-development-and-infrastructure-planning-agreements-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Planning, Development and Infrastructure (Planning Agreements) Regulations 2020","content":"South Australia\nPlanning, Development and Infrastructure (Planning Agreements) Regulations 2020\nunder the Planning, Development and Infrastructure Act 2016\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tTermination of planning agreements\n5\tOther provisions in planning agreements\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Planning, Development and Infrastructure (Planning Agreements) Regulations 2020.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Planning, Development and Infrastructure Act 2016.\n4—Termination of planning agreements\nFor the purposes of section 35(7)(b) of the Act, on the termination of a planning agreement, any assets or liabilities held by, or attached to, the joint planning board immediately before the termination of the planning agreement will be distributed to, or become the responsibility of—\n\t(a)\tif a new joint planning board has been established in relation to the same area—that joint planning board; or\n\t(b)\tin any other case—the entities which were the parties to the planning agreement immediately before the termination of the planning agreement in accordance with an agreement between those parties or, in default of such an agreement, in accordance with the resolution of the matter under the procedures set out in the agreement for the resolution of a dispute (and the provisions of the agreement will continue to apply until the dispute is resolved).\n5—Other provisions in planning agreements\n\t(1)\tFor the purposes of section 35(7)(c) of the Act, a planning agreement may—\n\t(a)\tprovide that the appointment of an elected member of a council, or of an employee of a council, as a member of a joint planning board does not give rise to a conflict between the duties of the office of member of the joint planning board and the duties of the office of elected member or employee of the council (as the case may be); or\n\t(b)\tprovide that the appointment of an elected member of a council, or of an employee of a council, as a member of a joint planning board is valid even if the duties of either office require, by implication, the person's full time attention; or\n\t(c)\tprovide that a party to the agreement may give a direction in relation to an actual or perceived conflict of duty on account of a member of a joint planning board holding concurrent offices, or in relation to any other duty applying in respect of a person as a member of a joint planning board (so that there is not a breach of duty if the direction is complied with); or\n\t(d)\tprovide that to the extent that any matter relating to the proceedings of a joint planning board are not covered by a specific provision of the agreement, the joint planning board may determine its own procedures; or\n\t(e)\tprovide that an act or proceeding of a joint planning board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member of the joint planning board; or\n\t(f)\tprovide that the parties to the agreement, or a joint planning board, must indemnify each member of the joint planning board against any civil liability for an honest act or omission in the performance, exercise or discharge of the member's, or the board's, functions, powers or duties under the agreement; or\n\t(g)\tprovide for the service of any document on a joint planning board; or\n\t(h)\tprovide that the appointment of a joint planning board does not derogate from the power of a party to the agreement to act in relation to a matter that falls within a function of a joint planning board (subject to the operation of the Act, or any other Act); or\n\t(i)\tprovide for a scheme for the parties to the agreement to direct and control a joint planning board (subject to the operation of the Act, or any other Act); or\n\t(j)\tprovide that a joint planning board may apply to the Minister for an exemption from a requirement of the agreement (subject to any condition or conditions specified in the agreement).\n\t(2)\tThis regulation does not limit the ability of the parties to a planning agreement to include any other provision in the agreement in accordance with the scheme set out in the Act.\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.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2020\n5\nGazette 6.2.2020 p216 \n6.2.2020: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operational details for planning agreements and joint planning boards under the parent Act. The scope has not expanded beyond the specific matters contemplated by section 35(7) of the Planning, Development and Infrastructure Act 2016."},"complexity_factors":["Only 5 substantive regulations with minimal cross-referencing","Single defined term ('Act') in the interpretation section","Straightforward conditional logic in regulation 4 (simple either/or structure)","Regulation 5 consists of a permissive list (10 sub-paragraphs) with no nested exceptions or technical provisos","No amendments, schedules, or transitional provisions","Total length is approximately 1.5 pages of substantive content"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the rules for **planning agreements** in South Australia — formal contracts between local councils and the state government (or other parties) to create **joint planning boards**. These boards handle planning decisions for specific areas, usually where multiple councils need to work together.\n\n**Key things covered:**\n\n*   **What happens when a planning agreement ends:** If a joint planning board shuts down, its assets and debts go either to a replacement board (if one exists) or back to the original parties who signed the agreement. If they can't agree on how to split things, they use the dispute resolution process written into their contract.\n\n*   **What can be written into planning agreements:** The regulations list specific clauses that parties can include in their contracts, such as:\n    *   Rules about **conflicts of interest** — for example, allowing a council member to also sit on the joint board without it being considered a conflict\n    *   Protection for board members — ensuring they can't be personally sued for honest mistakes made while doing their job (**indemnity**)\n    *   Flexibility for the board to set its own meeting rules where the agreement is silent\n    *   Protection against technical slip-ups — board decisions remain valid even if there's a vacancy or someone was appointed incorrectly\n    *   How the parties can give directions to the board or override its functions in certain circumstances\n\n**Who it affects:**\n\n*   Local councils entering into shared planning arrangements\n*   Council staff and elected members appointed to joint planning boards\n*   Property developers and residents in areas covered by joint planning boards\n\n**Why it matters:**\n\nThese regulations provide the practical \"fine print\" that makes regional planning cooperation work. Without these rules, councils might be reluctant to collaborate due to fears about liability, conflicts of interest, or messy disputes if agreements fall apart. The regulations give parties confidence to enter these arrangements by clarifying how assets are divided, how conflicts are managed, and how boards can operate flexibly."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes as the legislative text was not accessible. No comparison between original intent and final form could be made."},"complexity_factors":["Legislation text was not retrievable — complexity cannot be properly assessed","Planning agreements typically involve multi-party negotiations with legal and financial implications","Regulations of this type usually cross-reference a parent Act (Planning, Development and Infrastructure Act 2016), adding interpretive layers","Score is tentative and based solely on the title and regulatory context, not actual content"],"plain_english_summary":"This regulation (under the Planning, Development and Infrastructure Act 2016) governs planning agreements — the legally binding deals where developers commit to deliver infrastructure or community benefits in exchange for development approvals.  \n\nIt chiefly affects property developers, councils and state planning bodies, landowners with development sites, and communities in growth areas, because it shapes how infrastructure contributions and obligations are negotiated and enforced."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations implement and clarify limited operational matters under section 35(7)(b) and (c) of the Act: allocation of assets/liabilities on termination (r 4) and a non-exhaustive list of permissible agreement clauses (r 5). They do not expand the statutory reach of the Act; instead they prescribe mechanics and examples while preserving parties' freedom to include other provisions (r 5(2))."},"complexity_factors":["Cross-reference dependence on the Act (section 35(7)(b) and (c)) — understanding requires reading both the Act and these Regulations (r 3, r 4, r 5).","Termination distribution rules (r 4) — assets/liabilities transfer to a new board or to former parties, with default dispute-resolution reliance on the agreement's procedures; parties must check or draft dispute clauses carefully.","Permissive but detailed clause list (r 5(1)(a)–(j)) — allows provisions on conflicts, appointments, directions, procedures, vacancies, indemnities and exemptions, creating draftsmanship and negotiation complexity.","Discretion points: a joint planning board may apply to the Minister for exemptions (r 5(1)(j)), producing administrative uncertainty around when exemptions are granted.","Liability allocation and indemnity (r 5(1)(f) and r 4) — shifts who bears civil risk and may affect insurance, budgets and fiscal exposure for parties.","Continuing application of agreement provisions during dispute resolution (r 4(b)) — potential interim obligations and operational ambiguity while disputes are resolved.","Non-exhaustive drafting (r 5(2)) — regulations expressly do not limit other provisions parties may include, increasing variability between agreements."],"plain_english_summary":"These regulations implement parts of the Planning, Development and Infrastructure Act 2016 by setting how planning agreements deal with termination and by listing types of clauses parties may include to govern joint planning boards. They say who receives assets and liabilities when a joint planning board ends and allow parties to allocate responsibilities and protections (for example, conflict rules, indemnities, procedures and exemptions).\n\nWho pays and who decides: the parties (or a successor joint planning board) receive assets and liabilities and resolve disputes under their agreement. This lets parties allocate risk and governance but creates negotiation and compliance obligations parties must manage."}},"importantCases":[],"_links":{"self":"/api/acts/planning-development-and-infrastructure-planning-agreements-regulations-2020","history":"/api/acts/planning-development-and-infrastructure-planning-agreements-regulations-2020/history","analysis":"/api/acts/planning-development-and-infrastructure-planning-agreements-regulations-2020/analysis","conflicts":"/api/acts/planning-development-and-infrastructure-planning-agreements-regulations-2020/conflicts","importantCases":"/api/acts/planning-development-and-infrastructure-planning-agreements-regulations-2020/important-cases","documents":"/api/acts/planning-development-and-infrastructure-planning-agreements-regulations-2020/documents"}}