Planning Development and Infrastructure Act 2016

Part 2—Objects, planning principles and general responsibilities

Division 1—Objects and planning principles 12—Objects of Act (1) The primary object of this Act is to support and enhance the State's liveability and prosperity in ways that are ecologically sustainable and meet the needs and expectations, and reflect the diversity, of the State's communities by creating an effective, efficient and enabling planning system, linked with other laws, that— (a) promotes and facilitates development, and the integrated delivery and management of infrastructure and public spaces and facilities, consistent with planning principles and policies; and (b) provides a scheme for community participation in relation to the initiation and development of planning policies and strategies. (2) In association with the object referred to subsection (1), the scheme established by this Act is intended to— (a) be based on policies, processes and practices that are designed to be simple and easily understood and that provide consistency in interpretation and application; and (b) enable people who use or interact with the planning system to access planning information, and to undertake processes and transactions, by digital means; and (ba) recognise, protect and promote Aboriginal and Torres Strait Islander knowledge, culture and tradition; and (c) promote certainty for people and bodies proposing to undertake development while at the same time providing scope for innovation; and (d) promote high standards for the built environment through an emphasis on design quality in policies, processes and practices, including by providing for policies and principles that support or promote universal design for the benefit of people with differing needs and capabilities; and (e) promote safe and efficient construction through cost‑effective technical requirements that form part of a national scheme of construction rules and product accreditation; and (f) provide financial mechanisms, incentives and value‑capture schemes that support development and that can be used to capitalise on investment opportunities; and (g) promote cooperation, collaboration and policy integration between and among State government agencies and local government bodies. 13—Promotion of objects A person or body involved in the administration of this Act must have regard to, and seek to further, the objects established by this section. 14—Principles of good planning In seeking to further the objects of this Act, regard should be given to the following principles that relate to the planning system established by this Act (insofar as may be reasonably practicable and relevant in the circumstances): (a) long‑term focus principles as follows: (i) policy frameworks should be based around long‑term priorities, be ecologically sound, and seek to promote equity between present and future generations; (ii) policy frameworks should be able to respond to emerging challenges and cumulative impacts identified by monitoring, benchmarking and evaluation programs; (b) urban renewal principles as follows: (i) preference should be given to accommodating expected future growth of cities and towns through the logical consolidation and redevelopment of existing urban areas; (ii) the encroachment of urban areas on areas of rural, landscape or environmental significance is to be avoided other than in exceptional circumstances; (iii) urban renewal should seek to make the best use (as appropriate) of underlying or latent potential associated with land, buildings and infrastructure; (c) high‑quality design principles as follows: (i) development should be designed to reflect local setting and context, to have a distinctive identity that responds to the existing character of its locality, and to strike a balance between built form, infrastructure and public realm; (ii) built form should be durable, designed to be adaptive (including in relation to the reuse of buildings or parts of buildings) and compatible with relevant public realm; (iii) public realm should be designed to be used, accessible, and appropriately landscaped and vegetated; (iv) built form and the public realm should be designed to be inclusive and accessible to people with differing needs and capabilities (including through the serious consideration of universal design practices); (v) cities and towns should be planned and designed to be well‑connected in ways that facilitate the safe, secure and effective movement of people within and through them; (d) activation and liveability principles as follows: (i) planning and design should promote mixed use neighbourhoods and buildings that support diverse economic and social activities; (ii) urban areas should include a range of high quality housing options with an emphasis on living affordability; (iii) neighbourhoods and regions should be planned, designed and developed to support active and healthy lifestyles and to cater for a diverse range of cultural and social activities; (e) sustainability principles as follows: (i) cities and towns should be planned, designed and developed to be sustainable; (ii) particular effort should be focussed on achieving energy efficient urban environments that address the implications of climate change; (iii) policies and practices should promote sustainable resource use, reuse and renewal and minimise the impact of human activities on natural systems that support life and biodiversity; (f) investment facilitation principles as follows: (i) planning and design should be undertaken with a view to strengthening the economic prosperity of the State and facilitating proposals that foster employment growth; (ii) the achievement of good planning outcomes should be facilitated by coordinated approaches that promote public and private investment towards common goals; (g) integrated delivery principles as follows: (i) policies, including those arising outside the planning system, should be coordinated to ensure the efficient and effective achievement of planning outcomes; (ii) planning, design and development should promote integrated transport connections and ensure equitable access to services and amenities; (iii) any upgrade of, or improvement to, infrastructure or public spaces or facilities should be coordinated with related development.

Division 2—General duties and coordination of activities 15—General duties (1) It is expected that a person or body that— (a) seeks to obtain an authorisation under this Act; or (b) performs, exercises or discharges a function, power or duty under this Act; or (c) takes the benefit of this Act or is otherwise involved in a process provided by this Act, will— (d) act in a cooperative and constructive way; and (e) be honest and open in interacting with other entities under this Act; and (f) be prepared to find reasonable solutions to issues that affect other interested parties or third parties. (2) Without limiting subsection (1), a person or body performing, exercising or discharging a function, power or duty under this Act must— (a) exercise professional care and diligence; and (b) act honestly and in an impartial manner; and (c) be responsible and accountable in its conduct; and (d) comply with any code of conduct, service benchmark or other requirement that applies in relation to the person or body. (3) The Minister may, after taking into account the advice of the Commission, establish and maintain service benchmarks for the purposes of this section. (4) The principles and benchmarks under this section— (a) do not give rise to substantive rights or liabilities; but (b) may lead to action being taken on account of a breach of a code of conduct or professional standard that applies in relation to a relevant person or body. 16—Responsibility to coordinate activities (1) It is expected that any State or local government body or agency will, in the performance, exercise or discharge of a function, power or duty (including in a case arising under another Act), insofar as may be appropriate and relevant in the circumstances, seek to develop and implement policies that are consistent with the schemes established by this Act and will cooperate with any person or body involved in the administration of this Act. (2) The Commission may, as it thinks fit, furnish to the Minister a report on any failure by a body or agency to comply with the requirements of subsection (1). Part 3—Administration Division 1—State Planning Commission Subdivision 1—Establishment and constitution of Commission 17—Establishment of Commission (1) The State Planning Commission is established. (2) The Commission is a body corporate. (3) The Commission is an instrumentality of the Crown. (4) The Commission is subject to the general control and direction of the Minister. (5) However, the Minister may not give a direction where— (a) the Commission is making or required to make a recommendation; or (b) the Commission is providing or required to provide advice to the Minister; or (c) the Commission is required to give effect to an order of a court; or (d) the Commission has a discretion in relation to the granting of a development authorisation. (6) The Commission must, in the performance of its functions, take into account— (a) a particular government policy; or (b) a particular principle or matter, specified by the Minister (subject to any relevant principle of law). 18—Constitution of Commission (1) Subject to this section, the Commission consists of— (a) at least 4 and not more than 6 persons appointed by the Governor on the nomination of the Minister; and (b) a public sector employee (other than the Chief Executive) who is responsible, under a Minister, for assisting in the administration of this Act, designated by the Minister by notice in the Gazette (ex officio). (2) The Minister must, when nominating persons for appointment as members of the Commission, seek to ensure that, as far as is practicable, the members of the Commission collectively have qualifications, knowledge, expertise and experience in the following areas: (a) economics, commerce or finance; (b) planning, urban design or architecture; (c) development or building construction; (d) the provision of or management of infrastructure or transport systems; (e) social or environmental policy or science; (f) local government, public administration or law. (3) In making a nomination that is relevant to the operation of subsection (2)(f) insofar as it relates to local government, the Minister must take reasonable steps to consult with the LGA before the nomination is made. (4) The Minister will appoint 1 member of the Commission to chair the meetings of the Commission. (5) The Governor may, on the recommendation of the Minister, appoint a suitable person to be a deputy of an appointed member of the Commission and to act as a member of the Commission during any period of absence of the appointed member. 19—Special provision relating to constitution of Commission (1) The Commission may appoint 1 or 2 persons to act as additional members of the Commission for the purposes of dealing with any matter arising under this Act. (2) The following provisions apply in connection with subsection (1): (a) a person appointed under that subsection must be selected from a list of persons established by the Minister for the purposes of that subsection; (b) the Minister should, in establishing the list under paragraph (a), seek to obtain a wide range of expertise relevant to the classes of matters that might (in the opinion of the Minister after consultation with the Commission) be suited to being assessed by the Commission as constituted after an appointment or appointments have been made under that subsection; (c) a person will be appointed to, and remain on, the list under paragraph (a) on terms and conditions determined by the Minister and, at the expiration of a term of appointment, is eligible for reappointment; (d) the Commission must make an appointment or appointments under that subsection in a prescribed case; (e) a person appointed under that subsection is not to be considered to be an appointed member of the Commission under the other sections of this Subdivision. 20—Conditions of membership (1) An appointed member of the Commission is appointed on conditions determined by the Governor on the recommendation of the Minister and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (2) The Governor may, on the recommendation of the Minister, remove an appointed member of the Commission from office— (a) for breach of, or non‑compliance with, a condition of appointment; or (b) for misconduct; or (c) for failure or incapacity to carry out official duties satisfactorily. (3) The office of an appointed member of the Commission becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is convicted of an indictable offence or is sentenced to imprisonment for an offence; or (e) becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or (f) is removed from office under subsection (2). 21—Allowances and expenses An appointed member of the Commission is entitled to fees, allowances and expenses determined by the Governor on the recommendation of the Minister.

Subdivision 2—Functions and powers 22—Functions (1) The Commission has the following functions: (a) to act as the State's principal planning advisory and development assessment body; (b) to support the Minister in the administration of this Act and, in so doing, to provide advice, and make recommendations, to the Minister on the administration of this Act and with respect to the effect of any other legislation that is relevant to the operation of this Act; (c) at the request of the Minister, to provide a report on any specified matter; (d) to work with— (i) the other entities involved in the administration of this Act; and (ii) other entities that perform functions or exercise powers under any other Act that is relevant to the operation of this Act or to furthering the objects of this Act; and (iii) other entities (both within the public and private sectors) that have a significant role with respect to planning, development or infrastructure provision within the State; (e) to conduct inquiries with respect to any matter— (i) referred to the Commission by the Minister under this paragraph; or (ii) determined by the Commission under this paragraph with the approval of the Minister; and (f) to assist the Minister by working with the Chief Executive— (i) in connection with the implementation of planning policies developed under this Act; and (ii) in considering and providing advice with respect to funding programs that are relevant to planning or development within the State; and (iii) in working with government agencies and councils, including by providing information, guidance material and training in connection with the operation of this Act; and (iv) in undertaking or publishing research, or analysing or monitoring trends, with respect to planning and development within the State; (g) such other functions assigned to the Commission by the Minister or by or under this or any other Act. (2) Without limiting subsection (1), the Commission has a role that includes providing advice with respect to any of the following matters: (a) initiatives that are consistent with or promote principles that relate to the planning system established by this Act; (b) the regulatory controls, standards or rules that apply, or should apply, with respect to development; (c) the making, amendment or repeal of instruments under this Act; (d) the performance of entities acting under this Act; (e) other matters or issues that are relevant to the operation of this Act. (3) The Commission may, in relation to providing advice under this Act, act on its own initiative or on request. (4) If an inquiry is conducted by the Commission under subsection (1)(e)— (a) the Commission may, for the purposes of the inquiry— (i) call for or receive submissions or representations; and (ii) request any person to provide information or materials to the Commission; and (iii) otherwise collect information or materials or inform itself as the Commission thinks fit; and (b) the Commission may, if it thinks fit, receive or retain any information or materials provided to it on a confidential basis; and (c) the Commission must, at the conclusion of the inquiry, furnish a report to the Minister about— (i) the matters addressed by the inquiry; and (ii) the outcomes of the inquiry; and (iii) any other relevant matter (including any advice or recommendations of the Commission). (5) An agency or instrumentality of the Crown must, at the request of the Commission and insofar as is appropriate— (a) take steps to cooperate with the Commission in connection with the performance of its functions; and (b) provide information that will assist the Commission in the performance of its functions. (6) Without limiting subsection (5), an agency or instrumentality of the Crown must, at the direction of the Minister— (a) participate in any committee established by the Commission in connection with the operation of the planning system under this Act or development within the State; and (b) comply with any requirement specified by the Minister in order to resolve any issue associated with the formulation or implementation of a planning policy under this Act. (7) The Minister may only act under subsection (6) after taking into account the advice of the Commission in relation to the matter. (8) A direction under subsection (6) is not binding on an agency or instrumentality of the Crown to the extent (if any) to which— (a) it would impede or affect the performance of a quasi‑judicial or statutorily independent function of the entity; or (b) it is inconsistent with a direction or determination of another Minister under another Act. 23—Powers The Commission has all the powers of a natural person together with the powers conferred on the Commission by or under this or any other Act and may do anything necessary or convenient to be done in the performance of its functions. 24—Minister to be kept informed The Commission must keep the Minister reasonably informed about its activities. 25—Minister to have access to information (1) The Minister is entitled— (a) to require the Commission to collect or retain specified information; and (b) to have information in the possession of the Commission; and (c) if the information is in or on a document, to have, and make and retain copies of, that document. (2) The Minister may, in connection with the operation of subsection (1)— (a) request the Commission to furnish information to the Minister; and (b) request the Commission to give the Minister access to information; and (c) for the purposes of paragraph (b), make use of the staff of the Commission to obtain the information and furnish it to the Minister. (3) However, the Minister is not entitled to obtain under this section information that the Commission considers should be treated for any reason as confidential so long as the Commission does not adversely affect the proper performance of ministerial functions or duties.

Subdivision 3—Related matters 26—Validity of acts An act or proceeding of the Commission is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 27—Proceedings (1) A quorum at a meeting of the Commission consists of a number ascertained by dividing the total number of members by half, ignoring any fraction resulting from the division, and adding 1 (and no business may be transacted at a meeting of the Commission unless a quorum is present). (2) A decision carried by a majority of the votes cast by members at a meeting is a decision of the Commission. (3) Each member present at a meeting of the Commission is entitled to 1 vote on any matter arising for decision and, if the votes are equal, the member presiding at the meeting is entitled to a second or casting vote. (4) A conference between members constituting a quorum by telephone or audio‑visual means is a valid meeting of the Commission if— (a) a notice of the conference is given to all members in the manner determined by the Commission for that purpose; and (b) the system of communication allows a participating member to communicate with any other participating member during the conference. (5) A resolution of the Commission— (a) of which prior notice was given to members in accordance with procedures determined by the Commission; and (b) in which at least the majority of members of the Commission expressed their concurrence in writing or by electronic communication, will be taken to be a decision of the Commission made at a meeting of the Commission. (6) A member of the Commission who has a direct or indirect personal or pecuniary interest in a matter before the Commission (other than an indirect interest that exists in common with a substantial class of persons)— (a) must, as soon as he or she becomes aware of his or her interest, disclose the nature and extent of the interest to the Commission; and (b) must not take part in any hearings conducted by the Commission, or in any deliberations or decision of the Commission, on the matter and must be absent from the meeting when any deliberations are taking place or decision is being made. (7) Without limiting the effect of subsection (6), a member of the Commission will be taken to have an interest in a matter for the purposes of that subsection if an associate of the member has an interest in the matter. (8) The Commission must have accurate minutes kept of its proceedings. (9) Subject to this Act, the Commission may determine its own procedures. 28—Disclosure of financial interests (1) A member of the Commission must disclose his or her financial interests in accordance with Schedule 1. (2) A member of a committee established by the Commission under section 29 must disclose their financial interests in accordance with Schedule 1. 29—Committees (1) The Commission— (a) must establish 1 or more committees in connection with its functions and powers as a relevant authority under this Act (to be known as Commission assessment panels); and (b) must establish such other committees as may be required— (i) by the regulations; or (ii) by the Minister; and (c) may, with the approval of the Minister, establish other committees, to advise the Commission on any aspect of its functions, or to assist the Commission or to act on behalf of the Commission in the performance of its functions or the exercise of its powers. (2) A committee may, but need not, consist of or include members of the Commission. (3) The procedures to be observed in relation to the conduct of business of a committee will be— (a) as determined by the Commission; or (b) insofar as the procedure is not determined by the Commission—as determined by the relevant committee. 30—Delegations (1) The Commission may delegate any of its functions or powers. (d) is revocable at will and does not derogate from the power of the Commission to act in any matter. (3) In addition, the Commission must delegate its functions and powers as a relevant authority with respect to determining whether or not to grant planning consent under this Act to— (a) a Commission assessment panel established under section 29(1)(a); or (b) an assessment panel appointed or constituted under section 82; or (c) a person for the time being occupying a particular office or position. (4) The Commission may, in connection with the operation of subsection (3)— (a) make a series of delegations according to classes of development; and (b) vary any delegation from time to time. (5) A function or power delegated under subsection (3) may be further delegated (and any such further delegation may be made subject to conditions or limitations, is revocable at will, and does not derogate from the power of the delegator under this subsection to act in any matter). 31—Staff and facilities (1) There will be such staff to assist the Commission as the Minister may approve. (2) The staff of the Commission will be public service employees. (3) In addition, the Commission may— (a) by arrangement with the appropriate authority, make use of the services, facilities or staff of any government department, agency or instrumentality; or (b) with the approval of the Minister— (i) make use of the services, facilities or staff of any other entity; and (ii) engage any person to perform specific work on terms and conditions determined by the Commission. 32—Annual report (1) The Commission must, on or before 30 September in every year, forward to the Minister a report on the Commission's operations for the preceding financial year. (2) The report must contain any information required by the regulations. (3) The Minister must, within 6 sitting days after receiving a report under this section, cause copies of the report to be laid before both Houses of Parliament. Division 2—Chief Executive 33—Functions (1) The Chief Executive's functions in connection with the administration of this Act include the following: (a) to work with the Commission in the performance of its functions; and (b) to be responsible to the Commission for managing the Commission's business efficiently and effectively; (c) to be responsible for supervising any staff appointed to assist the Commission. (2) The Chief Executive has such other functions assigned to the Chief Executive by the Commission or by or under this or any other Act. 34—Delegation (1) The Chief Executive may delegate any of the Chief Executive's functions or powers under this Act. (d) is revocable at will and does not derogate from the power of the Chief Executive to act in any matter.

Division 3—Joint planning arrangements

Subdivision 1—Planning agreements 35—Planning agreements (1) Subject to this section, the Minister may, after seeking or receiving the advice of the Commission, enter into an agreement (a planning agreement), relating to a specified area of the State, with any of the following entities: (a) any council that has its area, or part of its area, within the specified area of the State; (b) any other Minister who has requested to be a party to the agreement; (c) if the Minister thinks fit, any other entity (whether or not an agency or instrumentality of the Crown) that has requested or agreed to be a party to the agreement. (2) If a proposed planning agreement will include any part of the area of a council, the Minister must (unless the proposal has been initiated by the council) ensure that the council is specifically invited to be a party to the agreement (on reasonable terms and conditions) under subsection (1)(a). (3) A planning agreement must include provisions that outline the purposes of the agreement and the outcomes that the agreement is intended to achieve and may provide for— (a) the setting of objectives, priorities and targets for the area covered by the agreement; and (b) the constitution of a joint planning board including, in relation to such a board— (i) the membership of the board, being between 3 and 7 members (inclusive); and (ii) subject to subsection (4), the criteria for membership; and (iii) the procedures to be followed with respect to the appointment of members; and (iv) the terms of office of members; and (v) conditions of appointment of members, or the method by which those conditions will be determined, and the grounds on which, and the procedures by which, a member may be removed from office; and (vi) the appointment of deputy members; and (vii) the procedures of the board; and (c) the delegation of functions and powers to the joint planning board (including, if appropriate, functions or powers under another Act); and (d) the staffing and other support issues associated with the operations of the joint planning board; and (e) financial and resource issues associated with the operations of the joint planning board, including— (i) the formulation and implementation of budgets; and (ii) the proportions in which the parties to the agreement will be responsible for costs and other liabilities associated with the activities of the board; and (f) such other matters as the parties to the agreement think fit. (4) The criteria for membership of a joint planning board must be consistent with any requirement of the Minister that is intended to ensure that the members of the joint planning board collectively have qualifications, knowledge, expertise and experience necessary to enable the board to carry out its functions effectively. (5) A planning agreement— (a) expires at the end of 10 years from the date of the agreement and may, when it expires, be replaced by a new agreement (in the same or different terms); and (b) may be varied by agreement between the parties to the agreement or may be terminated— (i) by agreement between the parties to the agreement; or (ii) by the Minister— (A) on the ground that the Minister considers that there has been a serious contravention or failure on the part of the joint planning board to comply with a provision of this or any other Act, or a serious failure on the part of the joint planning board to discharge a responsibility under this or any other Act; or (B) on the ground that the Minister considers that a serious irregularity has occurred in the conduct of the affairs of the joint planning board or that the joint planning board is not functioning effectively or acting appropriately; or (C) on any ground prescribed by the regulations. (6) However, the Minister should only agree to the termination of an agreement under subsection (5)(b)(i) if the Minister is satisfied that it is in the public interest to do so. (7) The regulations may— (a) make provision for the form of planning agreements; and (b) make provision in relation to the termination of planning agreements (including for the transfer to other entities of matters being dealt with by a joint planning board (or an assessment panel appointed by a joint planning board) at the time of a termination); and (c) make such other such provision as the Governor thinks fit in relation to planning agreements. (8) The Chief Executive must— (a) maintain a register of planning agreements in force under this Division; and (b) publish the register on the SA planning portal. (9) The Minister must, within 6 sitting days after a planning agreement is entered into or varied under this section, cause copies of the agreement or variation (as the case may be) to be laid before both Houses of Parliament. Subdivision 2—Joint planning boards 36—Joint planning boards (1) The Minister must, in connection with the commencement of a planning agreement, by notice published in the Gazette, establish a joint planning board in accordance with the terms of the agreement. (2) A joint planning board— (a) is a body corporate; and (b) has the name assigned to it under the relevant planning agreement; and (c) is constituted in accordance with the terms of the relevant planning agreement; and (d) has the functions and powers assigned to it under this or any other Act or conferred under the terms of the relevant planning agreement; and (e) must prepare and furnish annual reports in accordance with requirements prescribed by the regulations. (3) The Minister may, by further notice published in the Gazette, abolish a joint planning board if the relevant planning agreement is terminated. 37—Disclosure of financial interests A member of a joint planning board who is not a member of a council must disclose his or her financial interests in accordance with Schedule 1. 38—Committees (1) A joint planning board may establish such committees as the board thinks fit to advise the board on any aspect of its functions, or to assist the board in the performance of its functions or the exercise of its powers. (2) A joint planning board must establish a committee designated by the relevant planning agreement if the planning agreement so requires. (3) A committee may, but need not, consist of or include members of the joint planning board. (4) The procedures to be observed in relation to the conduct of business of a committee will be— (a) as determined by the joint planning board; or (b) insofar as the procedure is not determined by the joint planning board—as determined by the relevant committee. 39—Subsidiaries (1) A joint planning board may establish a subsidiary— (a) to carry out a specified activity or activities; or (b) to perform a function or to exercise a power of the board under this Act; or (c) to hold or administer any land, facility or assets. (2) The establishment of a subsidiary under this section is subject to obtaining the approval of the Minister to the conferral of corporate status under this Act. (3) The establishment of a subsidiary does not derogate from the power of the joint planning board to act in any matter. (4) Schedule 2 contains other provisions that are relevant to a subsidiary established under this section. 40—Delegations (1) A joint planning board may delegate any of its functions or powers. (b) must in prescribed circumstances be made to a committee of the board established in accordance with the requirements of the regulations; and (c) may be made subject to conditions or limitations specified in the instrument of delegation; and (d) if the instrument of delegation so provides, may be further delegated by the delegate; and (e) is revocable at will and does not derogate from the power of the board to act in any matter. Subdivision 3—Appointment of administrator 41—Appointment of administrator (1) The Minister may appoint an administrator of a joint planning board if— (a) the Minister considers that the board is not operating effectively or appropriately and that steps should be taken under this section until the matter can be resolved; or (b) the Minister has determined that the relevant planning agreement should be terminated and considers that steps should be taken to appoint an administrator under this section until the operations of the board can be wound up; or (c) the Minister considers that taking action under this section is appropriate on any other reasonable ground. (2) Before appointing an administrator under this section, the Minister must— (a) consult with the other parties to the relevant planning agreement; and (b) seek the advice of the Commission. (3) An administrator has, while the appointment remains in force, full and exclusive power to perform the functions and exercise the powers of the joint planning board. (4) The remuneration of the administrator will be fixed by the Minister and is payable from the joint planning board's funds. (5) The members of the joint planning board are suspended from office while an administrator holds office under this section. (6) The Minister may revoke an appointment under this section when the Minister considers it appropriate to do so.

Division 4—Practice directions and practice guidelines 42—Practice directions (1) The Commission may issue practice directions for the purposes of this Act. (2) Without limiting any other provision that contemplates the issuing of a practice direction, a practice direction may specify substantive or procedural requirements or steps in connection with any matter arising under this Act. (3) Without limiting subsections (1) and (2), the Commission must, by practice direction to be applied under this Act, establish a scheme with a view to ensuring that planning assessment or controls undertaken or established under this Act (including through the imposition of conditions under this Act) do not conflict with or duplicate matters that may be dealt with or addressed under a licensing or other regulatory regime under another Act. (4) A practice direction— (a) must be— (ii) published on the SA planning portal; and (b) may be varied or revoked by the Commission from time to time by a further instrument— (ii) published on the SA planning portal. (5) A practice direction does not give rise to— (a) any liability of, or other claim against, the Commission; or (b) any right, expectation, duty or obligation that would not otherwise be available to a person. 43—Practice guidelines (1) The Commission may, with the approval of the Minister, make practice guidelines with respect to the interpretation, use or application of— (a) the Planning Rules; or (b) the Building Rules. (2) Without limiting subsection (1), a practice guideline may— (a) make a declaration as to the effect of a provision of the Planning Rules or a provision of the Building Rules in a particular set of circumstances; and (b) specify variations that will, in relation to deemed‑to‑satisfy development, constitute minor variations. (3) If a relevant authority acts in accordance with a practice guideline, the relevant authority will be taken, in the absence of proof to the contrary, to be acting consistently with relevant provision of the Planning Rules or the Building Rules (as the case may be). (4) A practice guideline— (a) must be— (ii) published on the SA planning portal; and (b) may be varied or revoked by the Commission from time to time by further instrument— (ii) published on the SA planning portal. (5) A practice guideline does not give rise to— (a) any liability for, or claim against, the Commission; or (b) any right, expectation, duty or obligation that would not otherwise be available to a person.

Part 4—Community engagement and information sharing Division 1—Community engagement 44—Community Engagement Charter (1) There must be a charter to be called the Community Engagement Charter. (2) The Commission is responsible for establishing and maintaining the charter. (3) The following principles must be taken into account in relation to the preparation (or amendment) of the charter: (a) members of the community should have reasonable, timely, meaningful and ongoing opportunities to gain access to information about proposals to introduce or change planning policies and to participate in relevant planning processes; (b) community engagement should be weighted towards engagement at an early stage and scaled back when dealing with settled or advanced policy; (c) information about planning issues should be in plain language, readily accessible and in a form that facilitates community participation; (d) participation methods should seek to foster and encourage constructive dialogue, discussion and debate in relation to the development of relevant policies and strategies; (e) participation methods should be appropriate having regard to the significance and likely impact of relevant policies and strategies; (f) insofar as is reasonable, communities should be provided with reasons for decisions associated with the development of planning policy (including how community views have been taken into account). (4) The charter— (a) will relate to— (i) public participation with respect to the preparation or amendment of any statutory instrument where compliance with the charter is contemplated by this Act; and (ii) without limiting subparagraph (i), any other circumstance where compliance with the charter is contemplated by this Act; and (b) may relate to any other circumstances determined by the Minister, acting on the advice of the Commission. (5) The charter may— (a) establish categories of statutory processes to which various parts of the charter will apply; and (b) in relation to each category established under paragraph (a)— (i) specify mandatory requirements; and (ii) set out principles and performance outcomes that are to apply to the extent that mandatory requirements are not imposed; and (c) in relation to performance outcomes under paragraph (b)(ii)— (i) provide guidance on specific measures or techniques by which the outcomes may be achieved; and (ii) set out measures to help evaluate whether, and to what degree, the outcomes have been achieved. (6) The charter must, in relation to any proposal to prepare or amend a designated instrument under Part 5 Division 2 Subdivision 5 that is relevant to 1 or more councils, provide for consultation with— (a) if the proposal is specifically relevant to a particular council or councils—that council or those councils (unless the proposal has been initiated by the council, or those councils); or (b) if the proposal is generally relevant to councils—the LGA. (7) The charter must comply with any requirements prescribed by the regulations. (8) Despite a preceding subsection, the charter must not relate to the assessment of applications for development authorisations under this Act in addition to the other provisions of this Act that apply in relation to such assessments. (9) An entity to which the charter applies must— (a) comply with any mandatory requirement that applies in a relevant case; and (b) to the extent that paragraph (a) does not apply, have regard to, and seek to achieve, any principles or performance outcomes that apply in a relevant case. (10) The Commission, or an entity acting with the approval of the Commission, may adopt an alternative way to achieving compliance with a requirement of the charter (including a mandatory requirement or a requirement prescribed by the regulations) if the Commission is satisfied that the alternative way is at least effective in achieving public consultation as the requirement under the charter. (11) Despite a preceding subsection, the charter does not give rise to substantive rights or liabilities (and a failure to comply with the charter does not give rise to a right of action or invalidate any decision or process under this Act unless the failure is under a provision that requires compliance with the charter for the purposes of consultation in relation to a particular matter). (12) If, in the opinion of the Commission, an entity fails to comply with the charter— (a) the Commission may direct the entity to comply with the charter; and (b) if the direction is not complied with within a period prescribed by the regulations—the Commission may take any action required by its direction and recover the reasonable costs and expenses of so doing as a debt from the entity that failed to comply with the direction. 45—Preparation and amendment of charter (1) A proposal to prepare or amend the charter may be initiated by the Commission acting on its own initiative or at the request of the Minister. (2) The Commission must, after a proposal is initiated under subsection (1)— (a) prepare a draft of the proposal; and (b) consult with— (i) any entity specified by the Minister; and (ii) the LGA; and (iii) any other entity prescribed by or under the regulations; and (iv) any other entity the Commission thinks fit; and (c) ensure that a copy of the proposal is published on the SA planning portal with an invitation for interested persons to make representations (in writing or via the SA planning portal) on the proposal within a period specified by the Commission. (3) The Commission must, after complying with subsection (2), prepare a report on the matters raised during consultation (including information about any change to the original proposal that the Commission considers should be made) and furnish a copy of the report to the Minister. (4) The Minister may then— (a) adopt the charter, or the amendment to the charter (as the case may be), as recommended in the report under subsection (3); or (b) make alterations to what is recommended in the report and then proceed to adopt the charter or the amendment, as altered (as the case may be); or (c) determine that the matter should not proceed. (5) The charter, or an amendment to the charter, adopted under subsection (4)— (a) does not have effect until it is published on the SA planning portal; and (b) may take effect from the date of publication under paragraph (a), or from a later date specified by the Minister. (6) Despite a preceding subsection, the Commission may, by instrument published on the SA planning portal, amend the charter— (a) in order to make a change of form (without altering the effect of an underlying policy reflected in the charter); or (b) in order to take action which, in the opinion of the Commission, is correcting an error. (7) In addition, the Commission must ensure that the various parts of the charter are reviewed at least once in every 5 years according to a scheme approved by the Minister. (8) The outcome of a review undertaken to comply with subsection (7) must be embodied in a written report furnished to the Minister. (9) The Minister must, within 6 sitting days after receiving a report under subsection (8), cause copies of the report to be laid before both Houses of Parliament. 46—Parliamentary scrutiny (1) The Minister must, within 28 days after adopting the charter or an amendment to the charter, refer the charter or the amendment (as the case may be) to the ERD Committee. (2) An instrument referred to the ERD Committee under this section must be accompanied by a report prepared by the Minister that sets out— (a) in the case of an amendment—the reasons for the amendment; and (b) information about the consultation that was undertaken in the preparation of the charter or the amendment (as the case may be); and (c) any other material considered relevant by the Minister; and (d) any other information or material prescribed by the regulations. (3) The ERD Committee must, after receiving an instrument under subsection (1)— (a) resolve that it does not object to the charter or amendment; or (b) resolve to suggest amendments; or (c) resolve to object to the charter or amendment. (4) Subject to subsection (6), if, at the expiration of 28 days from the day on which the charter or an amendment was referred to the ERD Committee, the ERD Committee has not made a resolution under subsection (3), it will be conclusively presumed that the ERD Committee does not object to the charter or the amendment (as the case may be) and does not propose to suggest any amendments. (5) Subject to subsection (6), if the period of 28 days referred to in subsection (4) would, but for this subsection, expire in a particular case between 15 December in 1 year and 15 January in the next year (both days inclusive), the period applying for the purposes of subsection (4) will be extended on the basis that any days falling on or between those 2 dates will not be taken into account for the purposes of calculating the period that applies under subsection (4). (6) If the period applying under subsection (4), including by virtue of subsection (5), would, but for this subsection, expire in a particular case sometime between the day on which the House of Assembly is dissolved for the purposes of a general election and the day on which the ERD Committee is reconstituted at the beginning of the first session of the new Parliament after that election (both days inclusive), the period will be extended by force of this subsection so as to expire 28 days from the day on which the ERD Committee is so reconstituted. (7) If an amendment is suggested under subsection (3)— (a) the Minister may proceed to make such an amendment; or (b) the Minister may report back to the ERD Committee that the Minister is unwilling to make the amendment suggested by the ERD Committee and, in such a case, the ERD Committee may— (i) in the case that applies under subsection (3)(a)—resolve that it does not object to the charter as originally made, or resolve to object to the charter; and (ii) in the case that applies under subsection (3)(b)—resolve that it does not object to the amendment as originally made, or resolve to object to the amendment. (8) If the ERD Committee resolves to object to the charter or an amendment, copies of the charter or the amendment (as the case may be) must be laid before both Houses of Parliament. (9) If either House of Parliament passes a resolution disallowing the charter or an amendment laid before it under subsection (8), then the charter or the amendment (as the case may be) will cease to have effect (and, in the case of an amendment, the charter will, from that time, apply as if it had not been amended by that amendment). (10) A resolution is not effective for the purposes of subsection (9) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the relevant instrument was laid before the House. (11) The preceding subsections do not apply in a particular case if— (a) the Minister has consulted with the ERD Committee before the charter, or an amendment to the charter, has been finalised; and (b) the ERD Committee has resolved, on account of that consultation, that the charter or the amendment (as the case may be) need not be referred to the ERD Committee if or when it has been approved by the Minister. 47—Publication The Minister must ensure that an up‑to‑date copy of the charter is published on the SA planning portal and available for inspection and downloading without charge. Division 2—Online planning services and information 48—SA planning website (1) The Chief Executive is to establish and maintain a website for the purposes of this and any other Act (the SA planning portal). (2) The SA planning portal— (a) is intended to facilitate the online delivery of services and information and community participation in the planning system in connection with the operation of this Act; and (b) must include the documents and instruments that are required under this and any other Act to be published on the SA planning portal; and (c) must include any other information, documents or materials specified by the Commission; and (d) must include any other information, documents or materials that are required to be published on the SA planning portal by regulations under this or any other Act; and (e) may include such other information, documents or materials as the Chief Executive thinks fit. (3) The SA planning portal is to maintain (insofar as is reasonably practicable) historical as well as current versions of documents, instruments or materials required to be published on the SA planning portal. (4) The SA planning portal must also include a facility that allows members of the community to make submissions and provide feedback in relation to matters that are subject to notification or consultation under this Act (subject to complying with or observing any rules, requirements, restrictions or exclusions determined by the Chief Executive for the purposes of this subsection). (5) The SA planning portal must also include a facility that allows members of the public to be notified directly about specified classes of matters or issues that are of interest to them (subject to any rules, requirements, restrictions or exclusions determined by the Chief Executive for the purposes of this subsection and subject to any determination of the Chief Executive as to the cost, practicality and viability of providing such a service). 49—Planning database (1) The Chief Executive is to establish and maintain an electronic database (the SA planning database) that produces, by gaining access to— (a) the state planning policies; and (b) the Planning Rules; and (c) any relevant land management agreements; and (d) other instruments and documents as the Chief Executive thinks fit, textual and spatial information that identifies the planning policies, rules and information that apply to specific places within the State under this Act. (2) The SA planning database must be accessible on the SA planning portal. 50—Online atlas and search facilities (1) The Chief Executive must establish and maintain, as part of the SA planning portal and in connection with the SA planning database, an online atlas and search facility that allows a person to search across the website and the database. (2) Without limiting subsection (1) or any other provision of this Act, the online atlas must include— (a) a council‑based zoning map or set of maps; and (b) any other mapping product required by the Commission. 51—Standards and specifications (1) The Commission may prepare and publish standards and specifications that are to apply to or in relation to— (a) the SA planning portal; and (b) the SA planning database; and (c) the online atlas and search facility. (2) A standard or specification under subsection (1) may include— (a) technical requirements for any document, instrument or material that is to be included on the SA planning portal or in connection with the SA planning database; and (b) requirements as to electronic files, including as to their formats; and (c) requirements as to the provision and certification of any document, instrument or material, or as to any matter; and (d) requirements as to the accessibility of the SA planning portal or the SA planning database; and (e) requirements as to the recording, management, preservation, storage, archiving and (if appropriate) disposal of any document, instrument or material; and (f) other matters determined by the Commission. (3) Subject to complying with any standard or specification under subsection (2), the SA planning portal and SA planning database may be maintained (and the SA planning database compiled) as determined by the Chief Executive. (4) In addition to subsection (3), the Chief Executive may— (a) grant authorisations to a person, or persons of a specified class, to deposit or amend a document, instrument or other materials on the SA planning portal, subject to such conditions or limitations as the Chief Executive thinks fit; and (b) specify requirements, protocols and guidelines that will apply in relation to the administration of the SA planning portal. (5) A person must not breach, or fail to comply with, a condition under subsection (4)(a). (6) The State Records Act 1997 does not apply to or in relation to a record (within the meaning of that Act) that is received, created or held under this Division. 52—Certification and verification of information (1) A version of a statutory instrument published on the SA planning portal and certified in accordance with any requirements prescribed by the regulations by the Chief Executive (including a consolidation of a statutory instrument as at a particular day) will be presumed, in the absence of proof to the contrary, to be a complete and accurate record of the statutory instrument (or the statutory instrument as amended or consolidated) and in force on the relevant day specified on the SA planning portal (and so may be relied on for the purposes of this Act). (2) Any information produced on the SA planning database as to the application of planning policies, rules and information to a specified place within the State will be presumed, in the absence of proof to the contrary, to be accurate and correct (and so may be relied on for the purposes of this Act). 53—Online delivery of planning services The regulations may make provision for or with respect to the online delivery of planning and assessment services and information in relation to such things as— (a) the lodging of applications, documents and information under this Act; and (b) the assessment of categories of development; and (c) the issuing or registration of development authorisations; and (d) the provision or publication of information. 54—Protected information (1) Despite a preceding section of this Division, the Minister may, by notice published in the Gazette and on the SA planning portal, issue a direction with respect to prohibiting, restricting or limiting access to any document, instrument or material on the SA planning portal on the ground of— (a) confidentiality or privacy; or (b) commercial value or sensitivity; or (c) safety or security (including the security, or future security, of a building); or (d) any other matter prescribed by the regulations. (2) A direction under subsection (1) may provide access subject to conditions specified by the direction. (3) A person must not breach, or fail to comply with, a direction under subsection (1) or a condition under subsection (2). (4) The Minister may, by subsequent notice published in the Gazette, vary or revoke a notice under this section. 55—Freedom of information The Freedom of Information Act 1991 does not apply to or in relation to a document (within the meaning of that Act) that is received, created or held under this Division. 56—Fees and charges (1) The Chief Executive may, with the approval of the Minister, impose fees and charges with respect to gaining access to, or obtaining, information or material held under this Division. (2) The Chief Executive may, with the approval of the Minister, require a council to make a contribution, on a periodic or other basis, towards the costs of establishing or maintaining— (a) the SA planning portal; and (b) the SA planning database; and (c) any online atlas and search facility under this Division. (3) Any fee, charge or contribution under subsection (1) or (2) may be— (a) set on a differential basis; and (b) varied from time to time by the Chief Executive with the approval of the Minister. (4) The Chief Executive must take reasonable steps to consult with the LGA before setting or varying a contribution to be paid by a council under subsection (2). (5) If a council fails to comply with a requirement under subsection (2), the contribution payable by the council will be recoverable by the Chief Executive as a debt. (6) Nothing in this section limits or derogates from the power to set or impose a fee or charge by regulation under this Act (and vice versa).

Part 5—Statutory instruments Division 1—Principles 57—Principles (1) The following principles must be taken into account with respect to the instruments created under this Part: (a) duplication between instruments, and between the various layers of policies and rules within instruments, is to be avoided; (b) rules should be based on clear performance outcomes, may include deemed to satisfy requirements (including requirements that can be met in a variety of ways), and should seek to apply excellence in design practices and techniques; (c) rules and standards should be proportionate, suited to relevant conditions, and insofar as is reasonably practicable and appropriate, seek to minimise regulatory burdens; (d) rules should aim to achieve consistency while providing for local variations that reflect special or unique character at the local level; (e) rules and standards must seek to protect the environment and the pursuit of ecologically sustainable development; (f) any other principles prescribed by the regulations. (2) Without limiting subsection (1), any rule, standard or other material that is dealt with or that is more suited to consideration under Division 3 should not be included in an instrument under Division 2. (3) If an inconsistency exists between the Planning Rules and the Building Rules, the Building Rules prevail and the Planning Rules do not apply to the extent of the inconsistency. (4) Subsection (3) does not apply— (a) in relation to a State heritage place or a local heritage place; or (b) in relation to a matter excluded from the operation of that subsection by the regulations; or (c) in any case, so as to negate the need to obtain planning consent for a change in the use of land under the terms of the relevant provisions of the Planning Rules (insofar as may be required under the other provisions of this Act). Division 2—Planning instruments Subdivision 1—State planning policies 58—Preparation of state planning policies (1) The Commission may prepare state planning policies on behalf of the Minister. (2) The state planning policies will collectively set out the State's overarching goals or requirements for the planning system (to be given effect through the other instruments under this Division). (3) A state planning policy may— (a) include any matter that is relevant to planning or development within the State by setting out or including policies, objectives or principles that are to be applied under the provisions of this Act or the terms of the state planning policy; and (b) include any other matter considered appropriate by the Minister; and (c) without limiting paragraphs (a) and (b), make provision for or with respect to any other matter contemplated by this or any other Act as being the subject of a state planning policy (to such extent, or in such manner, as the Minister thinks fit). (4) A state planning policy is not to be taken into account for the purposes of any assessment or decision with respect to an application for a development authorisation under this Act. 59—Design quality policy (1) The Minister must ensure that there is a specific state planning policy (to be called the design quality policy) that specifies design policies and principles that are to be applied in the other instruments under this Division. (2) The design quality policy must include specific policies and principles with respect to the universal design of buildings and places to promote best practice in access and inclusion planning. 60—Integrated planning policy The Minister must ensure that there is a specific state planning policy (to be called the integrated planning policy) that specifies policies and principles that are to be applied with respect to integrated land use, transport and infrastructure planning. 61—Adaptive re-use The Minister must ensure that there is a specific state planning policy (to be called the adaptive re-use policy) that specifies policies and principles that are to be applied to encourage and support the adaptive re-use of buildings and places. 62—Climate change policy The Minister must ensure that there is a specific state planning policy (to be called the climate change policy) that specifies policies and principles that are to be applied with respect to minimising adverse effects of decisions made under the Act on the climate and promoting development that is resilient to climate change. 62A—Biodiversity policy The Minister must ensure that there is a specific state planning policy (to be called the biodiversity policy) that specifies policies and principles that are to be applied with respect to enhancing biodiversity and minimising adverse effects of development on biodiversity within the State. 63—Special legislative schemes (1) The Minister must, by notice published in the Gazette, establish a state planning policy with respect to each special legislative scheme that— (a) in the case of a character preservation law—addresses (and seeks to preserve) the character values of each relevant character preservation area; and (b) in any other case—complies with requirements (if any) of the Act in question; and (c) addresses any other matter determined by the Minister to be relevant to the operation or objects of the Act in question insofar as it interacts with, or is relevant to, the operation and objects of this Act. (2) The Minister may, by subsequent notice published in the Gazette, amend a state planning policy under subsection (1). (3) The Minister must also, in acting under this section in relation to a particular Act, consult with the Minister who is responsible for the administration of that other Act. (4) A state planning policy, or an amendment to a state planning policy, under this section— (b) does not have effect until it is published on the SA planning portal; and (c) 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 (d) does not need to be referred to the ERD Committee under this Part (and so is not subject to disallowance). Subdivision 2—Regional plans 64—Regional plans (1) Subject to subsection (2), the Commission must prepare a regional plan for each planning region. (2) If a joint planning board has been constituted in relation to an area of the State, the regional plan for that area must be prepared by the joint planning board and the Commission will prepare the regional plan for any balance of a planning region that remains outside the area in relation to which the joint planning board has been constituted. (2a) A regional plan must be consistent with any state planning policy (insofar as may be relevant to the relevant region or area). (2b) The regional plan for Greater Adelaide must— (a) consider how the population of Greater Adelaide (based on statistical projections, data and analysis) will be adequately provided with housing and services; and (b) ensure that sufficient areas of land are identified in the plan as appropriate areas to be developed for the provision of housing in Greater Adelaide. (2c) In connection with subsection (2b), the regional plan for Greater Adelaide must include consideration of the following matters in relation to Greater Adelaide: (a) the provision of infrastructure and the cost of infrastructure; (b) the availability of land and the economic viability of development; (c) the extent to which additional land for the provision of housing and services is required and the impact such provision would have on the environment and food production areas under section 7; (d) any variations to the environment and food production areas under section 7 required to give effect to the plan; (e) access to services for the projected population (of Greater Adelaide); (f) the preservation of significant environmental, landscape or agricultural areas; (g) land that is subject to hazards (such as the risk of flooding, bushfires or other events); (h) the protection or enhancement of significant State infrastructure. (3) Without limiting subsections (2b) or (2c), a regional plan must include— (a) a long-term vision (over a 15 to 30 year period) for the relevant region or area, including provisions about the integration of land use, transport infrastructure and the public realm; and (b) maps and plans that relate to spatial patterns that are relevant to the long‑term vision; and (c) such contextual information about the relevant region or area, including forward projections and statistical data and analysis, as may be determined by the Commission or required by a practice direction; and (d) recommendations about the application and operation of the Planning and Design Code in the relevant region or area; and (e) a framework for the public realm or infrastructure located within the relevant region or area; and (f) any other information or material required— (i) by another provision of this Act; or (ii) by the regulations; or (iii) in the case of a regional plan prepared by a joint planning board—by the Commission. (4) A regional plan may— (a) be divided into various parts that relate to subregions; and (b) include structure plans, master plans, concept plans or other similar documents. (5) A regional plan prepared by a joint planning board must comply with any practice direction issued for the purposes of this Subdivision by the Commission with the approval of the Minister. (6) A regional plan is not to be taken into account for the purposes of any assessment or decision with respect to an application for a development authorisation under this Act (except to the extent provided by this Act). Subdivision 3—Planning and Design Code 65—Establishment of code (1) There must be a Planning and Design Code. (2) The Commission will be responsible for preparing and maintaining the Planning and Design Code. 66—Key provisions about content of code (1) The Planning and Design Code must set out a comprehensive set of policies, rules and classifications which may be selected and applied in the various parts of the State through the operation of the Planning and Design Code and the SA planning database for the purposes of development assessment and related matters within the State. (2) In particular, the Planning and Design Code will— (a) incorporate a scheme that includes the use of zones, subzones and overlays; and (b) specify policies and rules that will— (i) govern the use and development of an area within a particular class of zone; and (ii) in relation to a subzone, set out additional policies or rules relating to the character of a particular part of a zone; and (iii) address specified or defined issues that may apply in any zone or subzone (or a part of any zone or subzone), or across zones or subzones, depending on the circumstances (overlays); and (iv) support the adaptive re-use of buildings and places in cases determined to be appropriate under the Planning and Design Code; and (c) include definitions of land use and establish land use classes; and (d) make provision for or with respect to any other matter contemplated by this Act as being included in the Planning and Design Code (to such extent, or in such manner, as the Commission thinks fit); and (e) include any other matter— (i) prescribed by the regulations; or (ii) considered appropriate by the Commission. (3) In connection with subsections (1) and (2)— (a) policies and rules for development in a zone, subzone or overlay should be clear and straightforward; and (b) if relevant, it should be clear which provisions in a zone are being modified by a subzone or overlay and how those provisions are being modified; and (c) the only spatial layers to be used are zones, subzones and overlays; and (d) the provisions of the Planning and Design Code may provide guidance for the development of the public realm; and (e) any policy or rule under the Planning and Design Code may apply in relation to development generally or any class of development; and (f) the Planning and Design Code must comply with any principle prescribed by the regulations or a state planning policy. (4) The Planning and Design Code may include provisions that provide for the adaptation of the rules that apply in relation to a specified zone or subzone or as an overlay to provide for necessary and appropriate local variations in specified circumstances, including by permitting in the Code— (a) the variation of a technical or numeric requirement within parameters specified in the Code; and (b) the variation of a requirement applying in a subzone, within parameters specified in the Code, in order to recognise unique character attributes; and (c) the adoption of options for development, specified in the Code, that are additional to those provided in a zone or subzone or as an overlay. (5) The Planning and Design Code may be accompanied by advisory material in the form of planning or design manuals or guidelines. 67—Local heritage (1) The Planning and Design Code may designate a place as a place of local heritage value if— (a) it displays historical, economic or social themes that are of importance to the local area; or (b) it represents customs or ways of life that are characteristic of the local area; or (c) it has played an important part in the lives of local residents; or (d) it displays aesthetic merit, design characteristics or construction techniques of significance to the local area; or (e) it is associated with a notable local personality or event; or (f) it is a notable landmark in the area; or (g) in the case of a tree (without limiting a preceding paragraph)—it is of special historical or social significance or importance within the local area. (2) For the purposes of subsection (1)— (a) a place will be taken to be any place within the meaning of the Heritage Places Act 1993; and (b) a designation of a place as a place of local heritage value must nominate or identify the component or other item, feature or attribute that is assessed as forming part of, or contributing to, the heritage significance of the place; and (c) the Commission may, after seeking the advice of the South Australian Heritage Council, develop or adopt guidelines that are to be used in the interpretation or application of the criteria set out in that subsection. (3) The Community Engagement Charter must include provisions that require consultation with the owner of any land constituting a place— (a) that is being proposed for inclusion in the Planning and Design Code as a place of local heritage value; or (b) that, under an amendment to the Planning and Design Code, is being proposed as being subject to any heritage character or preservation policy that is similar in intent or effect to a local heritage listing. (4) In addition, an area cannot be designated under an amendment to the Planning and Design Code as constituting a heritage character or preservation zone or subzone unless the amendment has been approved by persons who, at the time that consultation in relation to the proposed amendment is initiated under the Community Engagement Charter, constitute at least the prescribed percentage of owners of allotments within the relevant area (on the basis of 1 owner per allotment being counted under a scheme prescribed by the regulations). (5) In this section— prescribed percentage means 51% of relevant owners of allotments within a relevant area. 68—Significant trees (1) The Planning and Design Code may— (a) declare a tree to be a significant tree if— (i) it makes a significant contribution to the character or visual amenity of the local area; or (ii) it is indigenous to the local area, it is a rare or endangered species taking into account any criteria prescribed by the regulations, or it forms part of a remnant area of native vegetation; or (iii) it is an important habitat for native fauna taking into account any criteria prescribed by the regulations; or (iv) it satisfies any criteria prescribed by the regulations; or (b) declare a stand of trees to be significant trees if— (i) as a group they make a significant contribution to the character or visual amenity of the local area; or (ii) they are indigenous to the local area, they are members of a rare or endangered species taking into account any criteria prescribed by the regulations, or they form, or form part of, a remnant area of native vegetation; or (iii) as a group they form an important habitat for native fauna taking into account any criteria prescribed by the regulations; or (iv) as a group they satisfy any criteria prescribed by the regulations, (and the declaration may be made on the basis that certain trees located at the same place are excluded from the relevant stand). (2) However, a declaration under subsection (1) must not be inconsistent with any criteria prescribed by the regulations for the purposes of this subsection. (3) For the purposes of subsection (1), the Planning and Design Code must identify the location of a tree or stand of trees in accordance with any requirements imposed by the regulations.

Subdivision 4—Design standards 69—Design standards (1) The Commission may prepare design standards that relate to the public realm or infrastructure for the purposes of this Act. (2) A design standard may supplement the Planning and Design Code by— (a) specifying design principles; and (b) specifying design standards for the public realm or infrastructure; and (c) providing design guidance with respect to any relevant matter. (3) A design standard may— (a) be linked to any spatial layer in the Planning and Design Code; and (b) apply to any location specified in the Planning and Design Code, an infrastructure delivery scheme under Part 13 Division 1, or a scheme established under Part 15 Division 2. (4) A design standard may be accompanied by advisory material in the form of design manuals or guidelines.

Subdivision 5—Related and common provisions 70—Interpretation In this Subdivision— designated instrument means— (a) a state planning policy; or (b) a regional plan; or (c) the Planning and Design Code; or (d) a design standard. 71—Incorporation of material and application of instrument A designated instrument may— (a) be linked to other instruments and standards under this Act; and (b) refer to or incorporate wholly or partially and with or without modification, a policy or other document prepared or published by a prescribed body, either as in force at a specified time or as in force from time to time; and (c) be of general or limited application; and (d) make different provision according to an area, or circumstances or entities, to which it is expressed to apply; and (e) provide that any matter or thing is to be determined, dispensed with or regulated according to the discretion of the Minister, the Commission, the Chief Executive or any other specified body or person. 72—Status (1) A state planning policy or a regional plan is an expression of policy formed after consultation within government and within the community and does not affect rights and liabilities (whether of a substantive, procedural or other nature). (2) No action may be brought on the basis that an entity has acted in a way that is inconsistent with a state planning policy or a regional plan. (3) The Planning and Design Code or a design standard is a public document of which a court or tribunal will take judicial notice, without formal proof of its contents. (4) No action may be brought on the basis that another instrument is inconsistent with a designated instrument. 73—Preparation and amendment (1) A proposal to prepare a designated instrument may be initiated by— (aa) in relation to a state planning policy—the Commission acting at the request of the Minister; or (a) the Commission acting on its own initiative or at the request of the Minister; or (b) in relation to a regional plan—a joint planning board. (2) A proposal to amend a designated instrument may be initiated by— (aa) in relation to a state planning policy—the Commission acting at the request of the Minister; or (a) the Commission acting on its own initiative or at the request of the Minister; or (b) with the approval of the Minister, acting on the advice of the Commission— (i) the Chief Executive; or (ii) another agency or instrumentality of the Crown; or (iii) a joint planning board; or (iv) a council; or (v) a provider of essential infrastructure; or (vi) a scheme coordinator appointed under Part 13 Division 1; or (vii) in relation to the Planning and Design Code or a design standard—a person who has an interest in land and who is seeking to alter the way in which the Planning and Design Code or a design standard affects that land. (3) Without limiting any other provision, an agency or instrumentality of the Crown may make an application under subsection (2)(b)(ii) in connection with being prescribed under section 122. (3a) Despite subsection (2)(b), the advice of the Commission is not required for an approval of the Minister under subsection (2)(b) relating to an amendment to a designated instrument in circumstances prescribed by the regulations. (4) An approval under subsection (2)(b) may be given by the Minister on the basis— (a) that the person or entity given the approval will conduct the processes specified in the succeeding subsections of this section himself, herself or itself; or (b) in the case of an approval under subsection (2)(b)(v) or (vii), that the Chief Executive will conduct the processes specified in the succeeding subsections of this section on behalf of the relevant person or entity and charge the person or entity reasonable costs associated with doing so. (5) An approval of the Minister under subsection (2)(b) may be given on conditions— (a) prescribed by the regulations; or (b) specified by the Minister. (6) A person or entity authorised or approved under a preceding subsection (a designated entity), after all of the requirements of those subsections have been satisfied— (a) may prepare a draft of the relevant proposal; and (b) must comply with the Community Engagement Charter for the purposes of consultation in relation to the proposal; and (c) to the extent that paragraph (b) does not apply, in the case of a proposed amendment to a regional plan that has been prepared by a joint planning board where the amendment is not being proposed by the joint planning board—must consult with the joint planning board; and (d) to the extent that paragraph (b) does not apply, in the case of a proposed amendment to the Planning and Design Code that will have a specific impact on 1 or more particular pieces of land in a particular zone or subzone (rather than more generally)—must take reasonable steps to give— (i) an owner or occupier of the land; and (ii) an owner or occupier of each piece of adjacent land, a notice in accordance with the regulations; and (e) must consult with any person or body specified by the Commission and may consult with any other person or body as the designated entity thinks fit; and (f) must carry out such investigations and obtain such information specified by the Commission; and (g) must comply with any requirement prescribed by the regulations. (7) The designated entity must, after complying with subsection (6), prepare a report in accordance with any practice direction that applies for the purposes of this section (including information about any change to the original proposal that the designated entity considers should be made) and furnish a copy of the report to the Minister. (8) The designated entity must, after furnishing a report to the Minister under subsection (7), ensure that a copy of the report is published on the SA planning portal in accordance with a practice direction that applies for the purposes of this section. (9) A designated entity may enter into an agreement with a person for the recovery of costs incurred by the designated entity in relation to an amendment of the Planning and Design Code or a design standard under this section (subject to the requirement to charge costs under subsection (4)(b) (if relevant)). (10) After receiving a report under subsection (7)— (a) if the Minister thinks that the matter is significant—the Minister may consult with the Commission; or (b) in the case of an amendment where an agreement under subsection (9) for the recovery of costs in relation to the amendment has been entered into—the Minister must consult with the Commission, and the Minister may then— (c) adopt the designated instrument, or the amendment of a designated instrument (as the case may be), as outlined in the report under subsection (7); or (d) make alterations to what is outlined in the report and then proceed to adopt the designated instrument or the amendment, as altered (as the case may be); or (e) in the case of an amendment—divide the amendment into separate parts and then proceed to adopt 1 or more of those parts; or (f) determine that the matter should not proceed. (11) The Minister must publish on the SA planning portal a copy of any advice furnished to the Minister by the Commission in the course of consultation conducted in accordance with subsection (10)(a) or (b)— (a) in a case where the action of the Minister involves adopting a designated instrument or an amendment of a designated instrument—within 10 business days of the designated instrument or amendment taking effect; or (b) in any other case—within 10 business days of taking action under subsection (10). (12) Subject to this Act, the designated instrument, or the amendment of a designated instrument, adopted under subsection (10)— (a) in a case where the designated instrument is a state planning policy—does not have effect unless or until it has been approved by the Governor by notice published in the Gazette; and (b) does not have effect until it is published on the SA planning portal; and (c) may take effect from the date of publication under paragraph (b), or from a later date specified by the Minister. (13) Subject to any practice direction issued by the Commission with the approval of the Minister, a process under a preceding subsection may be undertaken as a joint process that relates to 2 or more instruments. 74—Parliamentary scrutiny (1) A reference in this section to a designated instrument includes a reference to an amendment to a designated instrument. (2) The Minister must, within 28 days after a designated instrument takes effect, refer the designated instrument to the ERD Committee. (3) A designated instrument referred under this section must be accompanied by a report prepared by the Minister that sets out— (a) the reason for the designated instrument; and (b) a copy of any report on the designated instrument furnished to the Minister under section 73(7); and (c) any other material considered relevant by the Minister; and (d) any other information or material prescribed by the regulations. (4) The ERD Committee must, after receipt of a designated instrument under subsection (2)— (a) resolve that it does not object to the designated instrument; or (b) resolve to suggest amendments to the designated instrument; or (c) resolve to object to the designated instrument. (5) Subject to subsection (7), if, at the expiration of 28 days from the day on which a designated instrument was referred to the ERD Committee, the ERD Committee has not made a resolution under subsection (4), it will be conclusively presumed that the ERD Committee does not object to the designated instrument and does not itself propose to suggest any amendments to the designated instrument. (6) Subject to subsection (7), if the period of 28 days referred to in subsection (5) would, but for this subsection, expire in a particular case between 15 December in one year and 15 January in the next year (both days inclusive), the period applying for the purposes of subsection (5) will be extended on the basis that any days falling on or between those 2 dates will not be taken into account for the purposes of calculating the period that applies under subsection (5). (7) If the period applying under subsection (5), including by virtue of subsection (6), would, but for this subsection, expire in a particular case sometime between the day on which the House of Assembly is dissolved for the purposes of a general election and the day on which the ERD Committee is reconstituted at the beginning of the first session of the new Parliament after that election (both days inclusive), the period will be extended by force of this subsection so as to expire 28 days from the day on which the ERD Committee is so reconstituted. (8) If— (a) the ERD Committee is proposing to suggest an amendment under subsection (4); and (b) the amendment is specifically relevant to a particular council or councils, (c) the ERD Committee must, before resolving to suggest the amendment, refer the amendment to the council or councils for comment and a response within the period of 2 weeks; and (d) any period applying under subsection (5), (6) or (7) will be extended, by force of this subsection, by an additional 21 days. (9) If an amendment is suggested under subsection (4)— (a) the Minister may, by notice published in the Gazette, proceed to make such an amendment; or (b) the Minister may report back to the ERD Committee that the Minister is unwilling to make the amendment suggested by the ERD Committee (and, in such a case, the ERD Committee may resolve that it does not object to the designated instrument as originally made, or may resolve to object to the designated instrument). (10) The Minister must consult with the Commission before making an amendment under subsection (9)(a). (11) If the ERD Committee resolves to object to a designated instrument, copies of the designated instrument must be laid before both Houses of Parliament. (12) If either House of Parliament passes a resolution disallowing a designated instrument laid before it under subsection (11), then the designated instrument will cease to have effect (and if the designated instrument is in fact an amendment by virtue of the operation of subsection (1), the relevant designated instrument will, from that time, apply as if it had not been amended by that amendment). (13) A resolution is not effective for the purposes of subsection (12) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the state planning policy was laid before the House. (14) If a resolution is passed under subsection (12), notice of that resolution must immediately be published in the Gazette. (15) The preceding subsections do not apply in a particular case if— (a) the Minister has consulted with the ERD Committee before a designated instrument, or an amendment to a designated instrument, has been finalised; and (b) the ERD Committee has resolved, on account of that consultation, that the designated instrument or the amendment (as the case may be) need not be referred to the ERD Committee if or when it has been approved by the Governor. 75—Complying changes—Planning and Design Code (1) The Minister may initiate or agree to an amendment to the Planning and Design Code under this section if— (a) the amendment comprises a change— (i) to the application of a zone, subzone or overlay; or (ii) of a prescribed kind; and (b) the amendment is consistent with a recommendation in the relevant regional plan that, through the use of— (i) specific maps or other spatial information; and (ii) 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. (2) An amendment under subsection (1) must be the subject of consultation under the Community Engagement Charter. (2a) The Minister may initiate or agree to an amendment to the Planning and Design Code if— (a) the amendment comprises a change— (i) to the application of a zone, subzone or overlay; or (ii) of a prescribed kind; and (b) 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— (i) specific maps or other spatial information; and (ii) 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. (3) 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). (4) An amendment under this section— (a) takes effect from a date specified in the instrument under subsection (3); and (b) 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 (c) does not need to be referred to the ERD Committee under this Part (and is not subject to disallowance). 76—Minor or operational amendments (1) The Minister may, by notice published in the Gazette, amend a designated instrument— (a) in order to make a change of form (without altering the effect of an underlying policy reflected in the designated instrument); or (b) in order to take action which, in the opinion of the Minister, is— (i) addressing or removing irrelevant material or a duplication or inconsistency (without altering the effect of an underlying policy reflected in the designated instrument); or (ii) correcting an error; or (c) in order to provide consistency between the designated instrument and any provision of— (i) this Act or a prescribed Act (including an Act of the Commonwealth); or (ii) the regulations or any other instrument made under this Act, (including to provide information in a designated instrument that relates to the content or effect of this Act or a prescribed Act (including an Act of the Commonwealth), or any regulation or other instrument); or (d) in accordance with any plan, policy, standard, report, document or code which— (i) is prepared, adopted or applied under another Act (including an Act of the Commonwealth); and (ii) falls within a class prescribed by the regulations for the purposes of this provision. (2) The Minister may, by notice published in the Gazette, amend a designated instrument— (a) in order to give effect to the adoption of, or an amendment to, a precinct plan under the Urban Renewal Act 1995; or (b) in order to make such provision as the Minister thinks fit relating to planning or development within a precinct or the revocation of a precinct under the Urban Renewal Act 1995; or (c) in order to provide consistency between the designated instrument and section 7(5) after a notice under section 7(8) has taken effect in accordance with that section; or (d) in order to provide consistency between the designated instrument and any development approval that has been granted by the Minister under Part 7 Division 2 Subdivision 4 where the development to which the approval relates has been substantially commenced or completed. (2a) CGO may, by notice published in the Gazette, amend a designated instrument to provide for planning or development matters in a State development area, including— (a) for the purposes of a project, development or other works in a State development area under the State Development Coordination and Facilitation Act 2025; or (b) to provide consistency between the designated instrument and a State development area plan under the State Development Coordination and Facilitation Act 2025; or (c) in connection with the abolition of a State development area under the State Development Coordination and Facilitation Act 2025 (by the repeal of the notice establishing the area). (3) Without limiting subsection (1) or (2) the Minister may, by notice published in the Gazette, amend the Planning and Design Code— (a) in order to include a State heritage place in the Planning and Design Code; or (b) in order to designate a place (or part of a place) that is (or has been) a State heritage place as a place of local heritage value (on the basis of a recommendation of the South Australian Heritage Council under the Heritage Places Act 1993); or (c) in order to designate a place (or part of a place) that is a place of local heritage value as a State heritage place (on the basis of action taken by the South Australian Heritage Council under the Heritage Places Act 1993); or (d) in order to remove a place that is no longer a State heritage place from the Planning and Design Code; or (e) in order to remove from the Planning and Design Code— (i) a State heritage place or a local heritage place (as listed in the Planning and Design Code); or (ii) any other place listed in the Planning and Design Code (if relevant to local heritage), where the building or other item that gave rise to the relevant listing has been demolished, destroyed or removed. (4a) CGO must, before making an amendment under subsection (2a), undertake public consultation on the proposed amendment for a period of at least 20 business days in accordance with any requirements of the regulations. (5) An amendment under this section— (a) takes effect from a date specified in the notice; and (b) 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 (c) does not need to be referred to the ERD Committee under this Part (and is not subject to disallowance). 77—Publication The Minister must ensure that an up-to-date copy of each designated instrument is published on the SA planning portal and available for inspection and downloading without charge.

Subdivision 6—Other matters 78—Early commencement (1) If the Minister is of the opinion that it is necessary in the interests of the orderly and proper development of an area of the State that— (a) an amendment to a regional plan should come into operation without delay; or (b) an amendment to the Planning and Design Code or a design standard should come into operation without delay in order to counter applications for undesirable development ahead of the outcome of the consideration of the amendment under this Part, the Minister may, at the same time as, or at any time after, the amendment is released for public consultation under the Community Engagement Charter under this Part, and without the need for any other consultation or process, by notice published in the Gazette, declare that the amendment will come into operation on an interim basis on a day specified in the notice. (2) For the purposes of subsection (1)(b), undesirable development, in relation to a proposed amendment to the Planning and Design Code or a design standard, is development that would detract from, or negate, an object of the amendment. (4) If a notice has been published under subsection (1), the amendment comes into operation on the day specified in the notice. (5) The Minister must, as soon as practicable after the publication of a notice under subsection (1), prepare a report on the matter and cause copies of that report to be laid before both Houses of Parliament. (6) An amendment that has come into operation under this section ceases to operate— (a) if the Minister, by notice published in the Gazette, terminates the operation of the amendment; or (b) if either House of Parliament passes a resolution disallowing the amendment after copies of the amendment have been laid before both Houses of Parliament under section 74; or (c) if the amendment has not been adopted by the Minister under this Part within 12 months from the day on which it came into operation; or (d) if the amendment is superseded by another amendment that comes into operation under this Part. (7) If an amendment ceases to operate by virtue of subsection (6)(b) or (c), notice of that cessation must forthwith be published in the Gazette. (8) If an amendment ceases to operate by virtue of subsection (6)(a), (b) or (c), the regional plan, Planning and Design Code or design standard will, from the date of cessation, apply as if it had not been amended by that amendment. Division 3—Building related instruments 79—Building Code (1) The Building Code, as in force from time to time, applies for the purposes of this Act but subject to— (a) any modifications effected by variations, additions or exclusions for South Australia contained in the Code; and (b) any modifications effected by a Ministerial building standard under this Division. (2) In connection with subsection (1), any modification to the Building Code as described in subsection (1)(a) will not take effect for the purposes of this Act— (a) before a day on which notice of the alteration is published by the Minister by notice published in the Gazette; and (b) if the Minister so specifies in a notice under paragraph (a), until a day specified by the Minister. 80—Ministerial building standards (1) The Minister may, by notice published in the Gazette, publish standards (Ministerial building standards), that— (a) relate to any aspect of— (i) building work (including the regulation, control, restriction or prohibition of building work); or (ii) the design, construction, quality, safety, health, amenity, sustainability, adaptive re-use or maintenance of buildings; or (b) modify the Building Code as it applies under this Act. (2) In particular, the Minister must publish a Ministerial building standard under subsection (1) that relates to adaptive re-use of buildings constructed before 1 January 1980. (3) Without limiting subsection (1), a Ministerial building standard may specify deemed‑to‑satisfy building practices or techniques that will be taken to constitute compliance with the Building Code. (4) The Minister may, by subsequent notice published in the Gazette, vary or revoke a Ministerial building standard under subsection (1). 81—Publication The Minister must ensure— (a) that an up‑to‑date copy of the Building Code as it applies under this Act; and (b) that any Ministerial building standard, is published, or is capable of being accessed, on or via the SA planning portal and is available for inspection and downloading without charge.

Part 6—Relevant authorities Division 1—Entities constituting relevant authorities 82—Entities constituting relevant authorities Subject to this Act, the following will be relevant authorities: (a) the Minister; (b) the Commission; (ba) in the circumstances referred to in section 242A—the Chief Executive; (c) an assessment panel appointed by a joint planning board; (d) an assessment panel appointed by a council, but not— (i) in respect of an area in relation to which— (A) a planning agreement that envisages the appointment of an assessment panel by the joint planning board under this section applies; or (B) a regional assessment panel has been constituted; or (ii) if a local assessment panel has been constituted by the Minister in substitution for an assessment panel appointed by the council; (e) any of the following assessment panels constituted by the Minister: (i) a combined assessment panel; (ii) a regional assessment panel; (iii) a local assessment panel; (f) an assessment manager; (g) an accredited professional; (h) a council. Division 2—Assessment panels 83—Panels established by joint planning boards or councils (1) The following provisions will apply in relation to an assessment panel appointed by a joint planning board or a council (a designated authority) under Division 1: (a) a designated authority may appoint more than 1 assessment panel but, if it does so, the designated authority must clearly specify which class of development each assessment panel is to assess; (b) a designated authority must determine— (i) the membership of the assessment panel, being no more than 5 members, only 1 of which may be a member of a council, and, if the designated authority thinks fit, on the basis that the assessment panel will be constituted by a different number of members depending on the particular class of development that is being assessed by the assessment panel; and (ii) the procedures to be followed with respect to the appointment of members; and (iii) the terms of office of members; and (iv) conditions of appointment of members, or the method by which those conditions will be determined, (including as to their remuneration) and the grounds on which, and the procedures by which, a member may be removed from office; and (v) the appointment of deputy members; and (vi) who will act as the presiding member of the panel and the process for appointing an acting presiding member; (c) a person appointed as a member of an assessment panel must be an accredited professional; (d) a person who is a member of the Parliament of the State is not eligible to be appointed as a member of an assessment panel; (e) a person appointed as a member of an assessment panel must disclose his or her financial interests in accordance with Schedule 1; (f) the procedures of an assessment panel must comply with any requirements prescribed by the regulations; (g) a member of an assessment panel must not act in relation to a development if he or she has a direct or indirect pecuniary interest in any aspect of the development or any body associated with any aspect of the development; (h) the designated authority that appoints an assessment panel will be responsible for— (i) arranging the staffing and support required for the purposes of the operations of the panel; and (ii) the costs and other liabilities associated with the activities of the panel; (i) in the case of an assessment panel appointed by a council—the council must substitute the existing members of the panel with new members if directed to do so by the Minister acting on recommendation of the Commission under section 86. (2) Subsection (1)(c) does not apply if— (a) the person is a member, or former member, of a council; and (b) the designated authority is satisfied that the person is appropriately qualified to act as a member of the assessment panel on account of the person's experience in local government. (2a) Despite subsection (1)(e), a member of a council appointed as a member of an assessment panel is not required to disclose their financial interests in accordance with Schedule 1 while the member holds office as a member of a council. (3) Without limiting the effect of subsection (1)(g), a person will be taken to have a pecuniary interest in a matter for the purposes of the subsection if an associate of the person has an interest in the matter. (4) A person who contravenes subsection (1)(g) is guilty of an offence. 84—Panels established by Minister (1) The following provisions will apply in relation to an assessment panel constituted by the Minister under Division 1: (a) the assessment panel will be constituted by the Minister by notice published in the Gazette; (b) in relation to a combined assessment panel—the Minister may constitute a combined assessment panel if the panel is to act as a relevant authority under this Act and, at the same time, be involved in the assessment of matters relevant to obtaining a licence, permission, consent, approval, authorisation, certificate or other authority under another Act; (c) in relation to a regional assessment panel— (i) the Minister may, in accordance with subparagraph (ii), constitute the panel in relation to an area or areas of the State comprising parts or all of the areas of 2 or more councils and, if the Minister so determines, a part or parts of the State that are not within the area of a council; and (ii) the Minister may constitute a regional assessment panel if— (A) 2 or more councils request the Minister to constitute a regional assessment panel in relation to their combined areas; or (B) the Minister has, after seeking the views of the relevant councils, determined that it is appropriate in the interests of orderly and effective development assessment that a regional assessment panel be constituted in relation to the areas of 2 or more councils (or parts of such areas); (d) in relation to a local assessment panel—the Minister may only constitute a local assessment panel if the Minister is acting on the recommendation of the Commission under section 86; (e) the Minister may, in constituting an assessment panel, make provision with respect to— (i) the membership of the assessment panel, including— (A) the number of members, provided that only 1 member of the assessment panel may be a member of a council; and (B) the procedures to be followed with respect to the appointment of members; and (C) the terms of office of members; and (D) conditions of appointment of members (including their remuneration) and the grounds on which, and the procedures by which, a member may be removed from office; and (E) the appointment of deputy members; and (F) the appointment of the presiding member of the assessment panel and the process for appointing an acting presiding member; and (ii) the procedures of the assessment panel; (f) a member of an assessment panel must disclose his or her financial interests in accordance with Schedule 1; (g) a member of an assessment panel must not act in relation to a development if he or she has a direct or indirect pecuniary interest in any aspect of the development or any body associated with any aspect of the development; (h) the costs associated with the activities of a local assessment panel will be the responsibility of the relevant council and may be recovered from the council by the Minister as a debt; (i) the costs associated with the activities of a regional assessment panel will be shared between the councils for the areas in relation to which the regional assessment panel is constituted in accordance with a scheme set out in the notice under paragraph (a); (j) the Minister may, by subsequent notice published in the Gazette, vary or revoke a notice under paragraph (a). (1a) Despite subsection (1)(f), a member of a council appointed as a member of an assessment panel is not required to disclose their financial interests in accordance with Schedule 1 while the member holds office as a member of a council. (2) Without limiting the effect of subsection (1)(g), a person will be taken to have a pecuniary interest in a matter for the purposes of the subsection if an associate of the person has an interest in the matter. (3) A person who contravenes subsection (1)(g) is guilty of an offence. 85—Appointment of additional members (1) An assessment panel appointed or constituted under this Act may appoint 1 or 2 members to act as additional members of the assessment panel for the purposes of dealing with a matter that it must assess as a relevant authority under this Act. (2) A person is not eligible to be appointed under subsection (1) unless the person holds a qualification, or has expertise or experience, recognised by a practice direction made for the purposes of this section. (3) A person appointed under subsection (1)— (a) will be, subject to paragraph (b), taken to be a member of the assessment panel in all respects; but (b) will not be able to vote on any matter arising for determination by the assessment panel. 86—Substitution of local panels (1) If the Minister has reason to believe that an assessment panel appointed by a council has consistently failed to comply with a requirement under this Act, the Minister may request the Commission to conduct an inquiry under this section. (2) The Commission, in conducting an inquiry— (a) must consult with the relevant council; and (b) may undertake such other investigations as the Commission thinks fit. (3) The Commission may, at the conclusion of the inquiry— (a) recommend to the Minister— (i) that the Minister issue a direction under section 83(1)(i); or (ii) that the Minister appoint a local assessment panel under section 84(1)(d); or (b) advise the Minister that no action is warranted in the circumstances of the case. (4) In connection with subsection (3)— (a) the Commission may only make a recommendation under subsection (3)(a) if satisfied that the assessment panel appointed by the council has consistently failed to comply with a requirement under this Act; and (b) if the Minister acts on a recommendation under subsection (3)(a)(ii), the assessment panel appointed by the council will be removed by force of this provision (and a local assessment panel appointed by the Minister will be substituted). Division 3—Assessment managers 87—Assessment managers The following provisions will apply in relation to an assessment manager under Division 1: (a) each assessment panel must have an assessment manager (but a person may be appointed to be assessment manager for more than 1 assessment panel); (b) a person appointed as an assessment manager must be— (i) an accredited professional; or (ii) a person of a prescribed class; (c) a person appointed as an assessment manager may (but need not) be an officer or employee of a council or a public sector employee; (d) an assessment manager will be appointed by— (i) if the assessment panel was appointed by a joint planning board—the joint planning board; and (ii) if the assessment panel was appointed by a council—the chief executive of the council; and (iii) if the assessment panel is constituted by the Minister—the Chief Executive, and (subject to paragraph (e)(i)) an assessment manager will be responsible to the person who has made the appointment for his or her performance; (e) the functions of an assessment manager include: (i) acting as a relevant authority as provided under this Act (and, in so acting, is not subject to direction by an assessment panel or any other person); (ii) being responsible for managing the staff and operations of the assessment panel in relation to which the assessment manager has been appointed; (iii) providing advice to the assessment panel (as appropriate); (f) the designated authority that appoints an assessment panel will be responsible for the costs and other liabilities associated with the activities of the assessment manager. Division 4—Accredited professionals 88—Accreditation scheme (1) The Governor may, by regulations made on the recommendation of the Minister, establish an accreditation scheme with respect to persons who are to act (or who are seeking to act) as accredited professionals for the purposes of this Act. (2) The accreditation scheme— (a) may make different provision according to the function or role that an accredited professional is to perform under this Act, including in relation to particular aspects of development assessment or control; and (b) may provide for a term or a period of accreditation, and for the suspension or cancellation of accreditation on specified grounds; and (c) may specify terms or conditions of accreditation; and (d) may provide for any aspect of the scheme to be administered or managed by a person or body prescribed by the regulations or specified by the Minister (and different persons or bodies may administer or manage the scheme insofar as it will apply to different classes or categories of accredited professional); and (e) may provide that a person holding an accreditation, registration or other form of authorisation or status under a scheme recognised by the regulations will be taken to hold an accreditation under this section; and (f) may be amended or substituted by the Governor from time to time by further regulations made on the recommendation of the Minister. (3) If the regulations amend or substitute an accreditation scheme under subsection (2)(f), the regulations may make additional provision of a saving or transitional nature. 89—Notification of acting An accredited professional must, on making a decision of a prescribed kind in relation to a proposed development or a particular aspect of a proposed development— (a) notify a prescribed body in accordance with the regulations of the decision; and (b) provide such information or documentation as may be prescribed by the regulations or as the prescribed body may require. 90—Removal from acting (1) An accredited professional who has not completed the functions of a relevant authority in relation to a particular development may not be removed from his or her engagement as a relevant authority unless the Minister consents to that removal. (2) If an accredited professional resigns from an engagement as a relevant authority or dies or becomes incapable for any other reason of carrying out the functions of a relevant authority in respect of a particular development, the matter may be referred to another relevant authority. 91—Duties (1) An accredited professional must act in accordance with the public interest. (2) An accredited professional must not— (a) perform any act or make any omission that results in a failure to comply with this Act; or (b) seek, accept or agree to accept a benefit from another person (whether for himself or herself or for a third person) as a reward or inducement to act against a provision of this Act; or (c) act in a manner contrary to any other duty prescribed by the regulations. (3) An accredited professional who contravenes or fails to comply with a provision of a code of conduct that applies to the accredited professional under Schedule 3 is guilty of an offence. (4) A person who improperly gives, offers or agrees to give a benefit to an accredited professional or to a third person as a reward or inducement for an act done or to be done, or an omission made or to be made, by the accredited professional in the performance of a function under this Act is guilty of an offence. (5) An accredited professional must ensure that any development authorisation given by the accredited professional is consistent with any other development authorisation that has already been given in respect of the same proposal. Maximum penalty: $25 000. benefit does not include a benefit that consists of remuneration or any condition of appointment or employment properly attaching or incidental to the work of an accredited professional under this Act. 92—Use of term "building certifier" An accredited professional who is qualified under the accreditation scheme to assess development in respect of the Building Rules (and to perform other functions relating to buildings and building work under this Act) may be known as a building certifier (and this designation will, as appropriate, be used for the purposes of this Act).

Division 5—Determination of relevant authority 93—Relevant authority—panels (1) Subject to any other provision of this Act, an assessment panel will be a relevant authority in relation to a proposed development as follows: (a) where the proposed development is to be undertaken within the area of a council then, subject to the succeeding paragraphs, an assessment panel appointed by the council is the relevant authority; (b) despite paragraph (a), where the proposed development is within the area of a council in respect of which a local assessment panel has been appointed then, subject to the succeeding paragraphs, the local assessment panel is the relevant authority; (c) despite a preceding paragraph, where the proposed development is within an area of the State in relation to which a regional assessment panel has been constituted then, subject to the succeeding paragraphs, the regional assessment panel is the relevant authority; (d) despite a preceding paragraph, where the proposed development is within an area of the State in relation to which a planning agreement applies and an assessment panel has been appointed by the joint planning board then, subject to paragraph (e), that assessment panel is the relevant authority; (e) despite a preceding paragraph, where the proposed development is a matter designated by the Minister, by notice published in the Gazette, as being a matter that will be assessed by a combined assessment panel then the combined assessment panel is the relevant authority. (2) This section does not apply in a case where— (a) an assessment manager; or (b) an accredited professional, may act as a relevant authority under a scheme prescribed by the regulations for the purposes of this section. (3) This section does not apply in a case where section 94 or section 95 applies. 94—Relevant authority—Commission (1) Subject to any other provision of this Act (other than section 93), the Commission will be a relevant authority in relation to a proposed development as follows: (a) where the proposed development falls within a class of development— (i) designated by the Planning and Design Code for the purposes of this paragraph; or (ii) prescribed by the regulations for the purposes of this paragraph; (b) where the proposed development is classified as restricted development by the Planning and Design Code; (c) where the proposed development is to be undertaken in a part of the State that is not (wholly or in part) within the area of a council, other than in a case where a regional assessment panel has been constituted in relation to that part of the State; (d) where the Commission, and an assessment panel appointed by a council or by the Minister in substitution for such an assessment panel, would, apart from this provision, both be constituted as relevant authorities in relation to the proposed development; (e) where the Commission and an assessment panel appointed by a joint planning board would, apart from this provision, both be constituted as relevant authorities in relation to the proposed development; (f) where the Commission and a regional assessment panel would, apart from this provision, both be constituted as relevant authorities in relation to the proposed development; (g) where the Minister, acting at the request of a council or a joint planning board, declares, by notice served on the proponent, that the Minister desires the Commission to act as the relevant authority in relation to the proposed development; (h) where, by notice served on the proponent— (i) the Minister calls the proposed development in for assessment under this paragraph on a ground set out in subsection (2); or (ii) CGO calls the proposed development in for assessment under this paragraph on a ground set out in subsection (2) (other than paragraph (b)). (2) Any of the following grounds apply for the purposes of subsection (1)(h): (a) the Minister or CGO (as the case requires) considers that the proposed development is of significance to the State because, in the opinion of the Minister or CGO— (i) the development is of major social, economic or environmental importance; or (ii) the development involves benefits, impacts or risks that are of significance to the State; or (iii) the cumulative effect of the development, when considered in conjunction with any other development, project or activity already being undertaken or carried on, or proposed to be undertaken or carried on, at or within the vicinity of the relevant site, gives rise to issues that are of significance to the State; or (iv) the development is directly related to— (A) a development that has already been called in by the Minister or CGO under this section; or (B) a development that is considered by the Minister or CGO as being of significance to the State; (b) the Minister considers that the proposed development— (i) would have a significant impact on a matter arising under another Act; or (ii) will require assessment or approval under another Act as well as this Act; (c) the Minister or CGO (as the case requires) considers that the proposed development would have a significant impact beyond the boundaries of a particular planning region or a particular council; (d) the Minister or CGO (as the case requires) considers that the proposed development may have a significant impact on an aspect of a precinct under Part 2B of the Urban Renewal Act 1995; (e) an assessment panel appointed by a council or a joint planning board, or a regional assessment panel, has (in the opinion of the Minister or CGO (as the case requires)) failed to deal with an application for development authorisation within a reasonable period; (f) the proposed development involves land situated in more than 1 planning region or the area of more than 1 council; (g) the Minister or CGO (as the case requires) considers that it is otherwise necessary or appropriate for the proper assessment of the proposed development that the proposed development be assessed by the Commission. (3) If the Minister or CGO acts under subsection (1)(h)— (a) a relevant authority already acting in relation to the proposed development under another paragraph of subsection (1) must, at the request of the Commission, provide the Commission with a report relating to any application for development authorisation that has been under consideration by the relevant authority; and (b) the Commission in acting as the relevant authority in relation to the particular proposed development may, as it thinks fit, do either or both of the following: (i) adopt any assessment, finding or determination that was made by a relevant authority that has been acting in relation to the proposed development; (ii) continue to assess the proposed development from the stage reached immediately before the Minister or CGO (as the case requires) acted under that subsection. (4) This section does not apply in a case where section 95 applies. 95—Relevant authority—Minister Where a proposed development is classified as impact assessed development (other than restricted development) then the Minister is the relevant authority. 96—Relevant authority—assessment managers An assessment manager may act as a relevant authority— (a) in cases contemplated by this Act; and (b) in cases prescribed or authorised by the regulations. 97—Relevant authority—accredited professionals An accredited professional may act as a relevant authority— (a) in cases contemplated by this Act; and (b) in cases prescribed or authorised by the regulations. 98—Relevant authority—councils A council will act as a relevant authority as provided by section 99. 99—Related provisions (a) a proposed development involves the performance of building work; and (b) a relevant authority determines to act under this subsection, the relevant authority may— (c) refer the assessment of the development in respect of the Building Rules to the council for the area in which the proposed development is to be undertaken; or (d) require that the assessment of the development in respect of the Building Rules be undertaken by a building certifier. (2) If subsection (1) applies— (a) in the case of subsection (1)(c)—the council for the area in which the development is to be undertaken will be the relevant authority for the purposes of— (i) assessing the development against and, if appropriate, granting a consent in respect of, the relevant provisions of the Building Rules; and (ii) if appropriate, granting development approval; and (b) in the case of subsection (1)(d)— (i) the building certifier will be the relevant authority for the purposes of assessing the development against and, if appropriate, granting a consent in respect of, the relevant provisions of the Building Rules; and (ii) the council for the area in which the development is to be undertaken will be the relevant authority for the purposes of, if appropriate, granting development approval. (3) In addition, where a proposed development is to be undertaken within the area of a council then, subject to the regulations, the council will be the relevant authority for the purposes of, if appropriate, granting the final development approval after all elements of the development have been approved by 1 or more relevant authorities under this section. (4) The notice of a decision of a council granting a development approval must include the name and contact details of every other entity that has acted as a relevant authority in relation to that approval. The Chief Executive is taken to be a relevant authority in certain circumstances—see section 242A.

Division 6—Delegations 100—Delegations (1) A relevant authority, other than an accredited professional, may delegate any functions or powers of the relevant authority under this Act. (d) is revocable at will and does not derogate from the power of the relevant authority to act in any matter.