Part 12Mining and renewable energy—special provisions

Part 12—Mining and renewable energy—special provisions 160—Mining and renewable energy matters to be referred in certain cases to Minister appropriate Authority or Authority means— (a) in the case of a matter referred to in paragraph (a) or (b) of the definition of designated matter or operations under a mining production tenement—a Minister to whom the administration of the Mining Acts are committed; or (b) in the case of a matter referred to in paragraph (c) or (d) of the definition of designated matter or operations under a licence under the Hydrogen and Renewable Energy Act 2023—a Minister to whom the administration of the Hydrogen and Renewable Energy Act 2023 is committed; designated matter means— (a) an application for a mining production tenement; or (b) a proposed statement of environmental objectives under the Petroleum and Geothermal Energy Act 2000; or (c) an application for a licence under the Hydrogen and Renewable Energy Act 2023; or (d) a proposed statement of environmental objectives under the Hydrogen and Renewable Energy Act 2023; relevant licence means— (a) a mining production tenement; or (b) a licence under the Hydrogen and Renewable Energy Act 2023. (2) The appropriate Authority may refer a designated matter to the Minister for advice and, if the designated matter is such that it is required by the regulations to be so referred to the Minister, the appropriate Authority must refer the designated matter to the Minister for advice. (3) Copies of any submissions received under the Mining Acts or the Hydrogen and Renewable Energy Act 2023 (as the case may be) as a result of public consultation on the designated matter must be forwarded to the Minister for the purposes of subsection (2). (4) If, in the opinion of the Minister or of the appropriate Authority, operations to be conducted under a relevant licence are of major social, economic or environmental importance— (a) the Minister or the Authority may determine that the operations are to be subject to the processes and procedures prescribed by Part 7 Division 2 Subdivision 4 with respect to the preparation of an EIS; and (b) in the case of such a determination, that Subdivision will then apply in relation to the preparation of an EIS, and a related Assessment Report— (i) subject to the qualification that any reference under that Subdivision to the Commission or the Chief Executive is to have effect as if it were a reference to the Minister or the Authority, depending on who has made the determination, but the EIS will cover matters determined by the Minister after consultation with the Authority; and (ii) subject to any other modifications as may be prescribed by the regulations. (5) The Minister, after obtaining and considering a report of a prescribed kind on a designated matter referred for advice under this section and after considering the terms of any relevant EIS, must advise the appropriate Authority on the steps that should be taken (including, in relation to an application for a relevant licence, whether the application should or should not be granted or, as relevant, what conditions or requirements should be included in a relevant licence or a statement of environmental objectives) in order to recognise and address actual or potential adverse effects on the environment. (6) If the appropriate Authority does not agree with advice tendered under subsection (5), it must refer the matter to the Governor and the Governor will determine whether the Authority should adhere to the advice (after considering the terms of any relevant EIS). (7) The appropriate Authority may, with the concurrence of the Minister, determine that it is appropriate that proposed development associated with operations within the ambit of subsection (4)(a) also be assessed under this section and, if the Authority makes such a determination, the Authority may, by notice published in the Gazette, combine the assessment of the proposed development with the assessment of the relevant operations and, in such a case— (a) the proposed development associated with the operations must also be considered under the relevant EIS; and (b) the Minister may deal with the development under section 115 as if the development had been declared to be impact assessed development. 161—Related matters (1) This Part does not limit the ability of the Minister to make a declaration under section 108(1)(c) with respect to 1 or more of the following: (a) proposed mining operations on a mining tenement; (b) proposed development associated with operations to be conducted under a relevant licence; (c) regulated activities within the meaning of the Hydrogen and Renewable Energy Act 2023. (2) For the avoidance of doubt, a determination under this Part with respect to the preparation of an EIS does not bring the relevant mining operations or relevant regulated activities (as the case may be) within the ambit of Part 7 Division 2 Subdivision 4 (but may bring an associated development within the ambit of that Subdivision by virtue of the operation of section 160(7)). (3) Except as provided in this Part, this Act does not prevent, or otherwise affect, operations carried on in pursuance of any of the Mining Acts or operations undertaken pursuant to the Hydrogen and Renewable Energy Act 2023 (other than operations undertaken pursuant to Schedule 1 Part 5 of that Act). (3a) To avoid doubt, operations undertaken pursuant to the Hydrogen and Renewable Energy Act 2023 do not include operations undertaken pursuant to an exemption from authorisation under that Act. (4) This Act does not prevent, or otherwise affect, the operation of a private mine. (5) The operation of subsections (3) and (4) is subject to any provision made by the regulations as to the application of the Building Rules to any building work carried out in connection with operations carried on in pursuance of any of the Mining Acts or the Hydrogen and Renewable Energy Act 2023. relevant licence has the same meaning as in section 160. Part 13—Infrastructure frameworks Division 1—Infrastructure delivery schemes Subdivision 1—Interpretation 162—Interpretation basic infrastructure means— (a) infrastructure within the ambit of paragraph (a), (b) or (h) of the definition of essential infrastructure under section 3(1); or (b) roads or causeways, bridges or culverts associated with roads; or (c) stormwater management infrastructure; or (d) embankments, wells, channels, drains, drainage holes or other forms of works or earthworks connected with the provision of infrastructure under a preceding paragraph; declared project has the same meaning as in the State Development Coordination and Facilitation Act 2025; primary infrastructure means— (a) basic infrastructure; or (b) open space (including parks, playgrounds, nature reserves, cycling and pedestrian paths); or (c) local community sporting or recreation areas or facilities; or (d) libraries, local community buildings or other multi‑use local community facilities; or (e) land intended to be used for the provision of infrastructure within the ambit of paragraph (i) or (j) of the definition of essential infrastructure under section 3(1). (1a) For the purposes of this Division, a declared project area is an area relating to a declared project identified as a declared project area in a scheme for the provision of primary infrastructure initiated under section 163A. (2) For the purposes of this Division, a designated growth area is an area which is to be developed in 1 or more of the following ways: (a) by the division of land and the sale (or proposed future sale) of all or some of the resulting allotments; (b) by rezoning to increase development potential; (c) by undertaking urban in‑fill, consolidation or renewal. Subdivision 2—Establishment of schemes—basic and primary infrastructure 163—Initiation of scheme—basic infrastructure (1) The Minister or a person or body interested in the provision or delivery of basic infrastructure (a proponent) may initiate a scheme under this section in relation to the provision of basic infrastructure in, or in connection with, a designated growth area. (2) A scheme under this section should be limited to— (a) the provision of basic infrastructure; and (b) funding arrangements for the provision of that basic infrastructure, in 1 or more of the following situations: (c) the basic infrastructure is reasonably necessary for the purposes of development that is proposed or to be undertaken within the designated growth area (including on account of rezoning that has occurred, or is expected to occur, in relation to the whole or a significant part of the development that is to occur within the designated growth area); (d) the basic infrastructure will support, service or promote significant development that is proposed or to be undertaken within the designated growth area; (e) it is reasonably necessary or efficient to coordinate the design, construction and funding of basic infrastructure under a scheme because of the scale of— (i) development that is proposed or to be undertaken within the designated growth area; or (ii) the basic infrastructure that is to be provided, (or both). (3) Subject to subsection (4), a proposal by the Minister to proceed under this section may be initiated— (a) on the Minister's own initiative; or (b) at the request of another person or body interested in the provision or delivery of infrastructure. (4) The Minister may only act under this section on the advice of the Commission. (5) The Commission must, in providing advice under this section, take into account any relevant state planning policy and regional plan, and the relevant provisions of the Planning and Design Code (subject to any relevant amendments that might be made in connection with potential or proposed development that is to be undertaken within the designated growth area). (6) The Minister or a proponent will initiate a scheme by preparing a draft outline of the scheme that— (a) provides information about— (i) the nature and intended scope of the basic infrastructure; and (ii) any related development that is proposed to be undertaken as part of the scheme; and (b) identifies the proposed designated growth area; and (c) provides information about the proposed timing or staging of the various elements of the scheme (to the extent such information is known); and (e) outlines, so far as is reasonably practicable, a funding arrangement for the scheme, including whether it is proposed to impose a charge under Subdivision 7; and (f) provides information about the person or body that will be carrying out the work envisaged by the scheme (to the extent that is known); and (g) identifies any basic infrastructure or other assets that might be expected to be transferred to another entity when the scheme has been completed; and (ga) provides information regarding the operation and administration of the scheme and the associated costs (to the extent such information is known); and (gb) identifies further studies or assessments (if any) required to finalise the scheme for adoption; and (h) provides such other information as the proponent thinks fit, or the Minister thinks fit after consultation with the Commission. (7) In giving consideration to the nature and intended scope of basic infrastructure under a scheme, the Minister or proponent must seek to facilitate the provision of infrastructure that is— (a) fit for purpose; and (b) capable of adaptation as standards or technology change over time (insofar as is reasonably practicable or appropriate in the circumstances); and (c) capable of augmentation or extension to accommodate growth or changing circumstances over time (insofar as is reasonably practicable or appropriate in the circumstances); and (d) where appropriate, designed to build capacity for the future, including by allowing for connections, extensions or augmentation by others who are able to leverage off the initial investment in the basic infrastructure; and (e) designed and built to a standard that is appropriate taking into account the nature and extent of development that is proposed to be undertaken within the relevant designated growth area; and (f) capable of being procured and delivered in a timely manner to facilitate and promote orderly and economic development. (8) In giving consideration to the constitution of a designated growth area under subsection (6)(b), consideration must be given to— (a) the area or areas which will benefit from any basic infrastructure to be provided under the proposed scheme; and (b) the extent to which it is possible to establish an area that will provide fair and sufficient funds over time with respect to the provision of the basic infrastructure under the proposed scheme; and (c) the extent to which the designated growth area may overlap with a contribution area under Subdivision 3. (9) In giving consideration to whether or not to include a proposal for the imposition of a charge under Subdivision 7, the Minister or proponent (in so far as it is reasonably practicable for the proponent to do so) must take into account— (a) the extent that it is reasonable that other sources of funding be used instead; and (b) any schemes or arrangements (including with respect to the imposition of separate or other rates or charges) that are already in place, or already planned (and known to the Minister or proponent) with respect to the provision of basic infrastructure or the undertaking of works in the designated growth area (or in an adjacent or related area); and (c) whether the Minister proposes to terminate an agreement or deed under section 167 in connection with the adoption of the scheme. (10) The Minister or proponent, in preparing the draft outline, must— (a) take reasonable steps to consult with— (i) the owners of land within the proposed designated growth area; and (b) take reasonable steps to consult with the council within whose area the proposed designated growth area is situated, and may consult with any other person or body as the Minister or proponent thinks fit. (10a) A draft outline prepared by a proponent must be submitted to the Minister for approval, together with— (a) a report to the Minister setting out the outcome of the consultation required under subsection (10); and (b) any other information required by the Minister. (11) The Minister must cause a draft outline prepared or approved by the Minister to be— (12) In addition, the Minister must, as soon as is reasonably practicable after acting under this section on the advice of the Commission, publish the advice on the SA planning portal subject to any qualifications or redactions that are necessary to prevent the disclosure of confidential or commercially sensitive information provided by or relating to— (13) The Minister will then (at a time determined by the Minister) refer the proposed scheme to the Chief Executive for the appointment of a scheme coordinator. 163A—Initiation of scheme—primary infrastructure in relation to declared project area or designated growth area (1) The Minister, CGO or a person or body interested in the provision or delivery of primary infrastructure (a proponent) may initiate a scheme in relation to the provision of primary infrastructure in a declared project area or designated growth area. (2) A scheme will be initiated by the Minister, CGO or proponent (as the case may be) preparing a draft outline of the scheme that— (a) provides information about the nature and intended scope of the primary infrastructure; and (b) identifies the proposed declared project area or designated growth area (as the case requires), being the area or areas that will benefit from the primary infrastructure to be provided under the proposed scheme; and (c) provides information about the proposed timing or staging of the various elements of the scheme (to the extent such information is known); and (d) outlines, so far as is reasonably practicable, a funding arrangement for the scheme, including whether it is proposed to impose a charge under Subdivision 7; and (e) in the case of a scheme relating to a declared project—identifies any proposed amendments to the Planning and Design Code that may be made in connection with the declared project (including the provision of primary infrastructure under the scheme); and (f) identifies (to the extent possible) any primary infrastructure that might be transferred to another entity when the scheme has been completed; and (g) provides such other information as the Minister, CGO or proponent thinks fit (as the case requires). (3) The person or body responsible for preparing a draft outline must— (a) in all cases—take reasonable steps to consult on the draft outline with— (i) the owners of land within the proposed declared project area or designated growth area (as the case requires), except— (A) in a case where that area is the subject of a precinct master plan under the Urban Renewal Act 1995; or (B) in prescribed circumstances; and (ii) if the scheme relates to a declared project—the person undertaking the declared project; and (iii) the council within whose area the proposed declared project area or designated growth area (as the case requires) is situated, and may consult with any other person or body as they think fit; and (b) in the case of a draft outline prepared by a proponent, submit the draft outline to the Minister or CGO (as determined by the Minister) for approval, together with— (i) a report to the Minister or CGO (as the case requires) setting out the outcome of the consultation required under paragraph (a); and (ii) any other information required by the Minister or CGO (as the case requires). (4) After consultation on a draft outline prepared by the Minister or CGO, or approval of a draft outline prepared by a proponent, the Minister or CGO (as the case requires) must cause the draft outline to be— (5) After publishing a draft outline, the Minister or CGO (as the case requires) must then refer the proposed scheme to the Chief Executive for the appointment of a scheme coordinator. Subdivision 3—Establishment of general schemes 164—Initiation of scheme (1) The Minister may initiate a scheme under this Division in relation to the provision of essential infrastructure (and the undertaking of any related development). (2) A scheme under this Division should relate to 1 or more of the following purposes: (a) to facilitate development or urban renewal of a significant nature by providing a scheme that supports and advances the provision of infrastructure; (b) to provide a mechanism for the equitable distribution and apportionment of the costs of essential infrastructure; (c) to assist in the augmentation of capital available to fund essential infrastructure; (d) to provide an incentive for the provision of essential infrastructure (including through private sector investment) by providing certainty through the establishment of the scheme. (3) Subject to subsection (4), a proposal to proceed under this section may be initiated— (a) on the Minister's own initiative; or (b) at the request of another person or body interested in the provision or delivery of infrastructure. (4) The Minister may only act under this section on the advice of the Commission. (5) The Commission must, in providing advice under this section, take into account any relevant state planning policy and regional plan, and the relevant provisions of the Planning and Design Code (subject to any relevant amendments that might be made in connection with potential or proposed development that is to be undertaken as part of, or in connection with, the scheme). (6) The Minister will initiate a scheme by preparing a draft outline of the scheme that— (a) provides detailed information about— (i) the nature and intended scope of the infrastructure; and (ii) any related development that is proposed to be undertaken as part of the scheme; and (b) identifies the location in relation to which it is proposed that the scheme will be established; and (c) provides information about the proposed timing or staging of the various elements of the scheme; and (d) assesses the costs and benefits of the scheme; and (e) outlines a funding arrangement for the scheme; and (f) if a funding arrangement includes a proposal for the collection of contributions under Subdivision 8—specifies the area or areas (to be called a contribution area) in relation to which it is proposed that the contributions are to be imposed; and (g) provides information about the person or body that will be carrying out the work envisaged by the scheme (to the extent that this is known); and (h) identifies any infrastructure or other assets that might be expected to be transferred to another entity when the scheme has been completed; and (i) provides such other information as the Minister thinks fit. (7) In giving consideration to the nature and intended scope of infrastructure under a scheme, the Minister must seek to facilitate the provision of infrastructure that is— (a) fit for purpose; and (b) capable of adaptation as standards or technology change over time (insofar as is reasonably practicable or appropriate in the circumstances); and (c) capable of augmentation or extension to accommodate growth or changing circumstances over time (insofar as is reasonably practicable or appropriate in the circumstances); and (d) where appropriate, designed to build capacity for the future, including by allowing for connections, extensions or augmentation by others who are able to leverage off the initial investments in the infrastructure; and (e) designed and built to a standard that is appropriate taking into account the nature and extent of development that is proposed to be undertaken as part of, or in connection with, the scheme; and (f) capable of being procured and delivered in a timely manner to facilitate and promote orderly and economic development. (8) In giving consideration to whether to include a proposal for the collection of contributions under Subdivision 8, the Minister must take into account— (a) the extent to which it is reasonable that other sources of funding be used instead; and (b) the extent to which the implementation of the scheme will have an impact on any council (including on account of any infrastructure or other assets that might be transferred to the council when the scheme has been completed) after taking into account any submissions made by the council under subsection (12); and (c) the extent to which the relevant infrastructure will provide a direct benefit to— (i) the development potential, capacity, use, value or amenity of the land that would be expected to be included within a relevant contribution area; and (ii) without limiting subparagraph (i), people who might be required to make contributions through the imposition of a charge under Subdivision 8 by the relevant council; and (d) any schemes or arrangements (including with respect to the imposition of separate or other rates or charges) that are already in place, or are already planned (and known to the Minister), with respect to the provision of infrastructure or the undertaking of works in the area (or in an adjacent or related area). (9) In giving consideration to the establishment of a contribution area under subsection (6)(f), consideration must be given to— (a) the area or areas which will benefit from any infrastructure or works to be provided or undertaken under the proposed scheme; and (b) the extent to which it may be possible for contributions towards the costs of the scheme to be equitably proportioned between potential beneficiaries; and (c) the extent to which the contribution area may overlap with another contribution area under another scheme (or proposed scheme). (10) The Minister must, in considering a scheme under this Subdivision, apply the principle that a scheme that relates to, or includes, basic infrastructure and is more suited to a scheme under Subdivision 2 should not be initiated under this Subdivision. (11) However, nothing in subsection (10) (or Subdivision 2) prevents a contribution being sought with respect to basic infrastructure under Subdivision 8 insofar as it is considered by the Minister to be reasonable that owners of land within a contribution area (and outside a designated growth area) should make a contribution towards the cost of that basic infrastructure. (12) The Minister, in preparing the draft outline, must— (a) take reasonable steps to consult with the council within whose area the scheme is proposed to be undertaken and, if relevant, any council whose area may include the whole or any part of a proposed contribution area; and (b) take reasonable steps to consult with the owners of any land that would be directly affected by any infrastructure or works to be provided or undertaken under the proposed scheme, and may consult with any other person or body as the Minister thinks fit. (13) The Minister will then publish the draft outline— (a) in the Gazette; and (b) on the SA planning portal. (14) In addition, the Minister must, as soon as is reasonably practicable after acting under this section on the advice of the Commission, publish the advice on the SA planning portal subject to any qualifications or redactions that are necessary to prevent the disclosure of confidential or commercially sensitive information provided by or relating to— (15) The Minister will then (at a time determined by the Minister) refer the proposed scheme to the Chief Executive for the appointment of a scheme coordinator. Subdivision 4—Scheme coordinator 165—Scheme coordinator (1) The Chief Executive must, on a referral under section 163, 163A or 164— (a) appoint a suitably qualified person to act as the scheme coordinator; or (b) constitute a committee to be appointed as the scheme coordinator; or (c) appoint a precinct authority or CGO to act as the scheme coordinator. (2) In a case where subsection (1)(a) applies, the Chief Executive may replace the person appointed under that subsection from time to time as the Chief Executive thinks fit. (3) In a case where subsection (1)(b) applies, the Chief Executive may— (a) constitute the committee as the Chief Executive thinks fit; and (b) appoint or remove persons to or from the committee from time to time as the Chief Executive thinks fit; and (c) determine any matter relevant to the operation and procedures of the committee. (4) An appointment by the Chief Executive under this section will be on conditions determined by the Chief Executive. 165A—Delegation (1) A scheme coordinator appointed under this Division may delegate any of the scheme coordinator's functions or powers under this Act. (d) is revocable at will and does not derogate from the power of the scheme coordinator to act in any matter. 166—Consideration of proposed scheme (1) A scheme coordinator has the following functions in relation to a proposed scheme: (a) to prepare scoped and costed proposals for the scheme that accord with any relevant design standards; (b) to develop a work program for the scheme; (c) to undertake consultation in relation to the scheme in accordance with subsection (1a) and any requirement under the Community Engagement Charter; (d) if it is proposed that a funding arrangement should be established under this Division—to develop the funding arrangement; (e) such other functions assigned by the Minister after consultation with the Chief Executive. (1a) A scheme coordinator must, in undertaking consultation under subsection (1)(c) on a proposed scheme, identify whether the Minister proposes to terminate an agreement or deed under section 167 in connection with the adoption of the scheme. (2) In addition to the other provisions of this Division, in developing a funding arrangement that includes a proposal for the imposition of a charge made under Subdivision 7, the scheme coordinator should seek to act consistently with the following principles: (a) the charge should be limited to recovering the reasonable costs relating to the infrastructure; and (b) the charge should not have an excessively adverse impact on— (i) the development of a designated growth area or declared project area (as the case requires); or (ii) housing or living affordability within a designated growth area or declared project area (as the case requires); or (iii) employment, investment or economic viability associated with a designated growth area or declared project area (as the case requires); and (c) the charge must be based on a scheme under which a payment or payments under the charge become payable (or commence to become payable) on a specified event or events; and (d) funding under the scheme should recognise the need to provide value for money in connection with funding arrangements including, as appropriate, through contestable provision of basic infrastructure or primary infrastructure (as the case requires); and (e) rebates for charges should be available in appropriate circumstances; and (f) exemptions from the imposition of a charge should be considered depending on the circumstances of the case. (3) In connection with subsection (2)(c), an event or events that trigger the requirement to make, or to begin to make, a payment under a charge must be related to when development is undertaken being— (a) the depositing of a plan for the division of land under Part 19AB of the Real Property Act 1886; or (b) undertaking of approved development. (4) In addition to subsection (2)(f), exemptions from the imposition of a charge under Subdivision 7 will apply in any circumstances prescribed by the regulations. (5) In addition to the other provisions of this Division, in developing a funding arrangement that includes a proposal for the collection of contributions under Subdivision 8, the scheme coordinator should seek to act consistently with the following principles: (a) the contributions should be limited to recovering the reasonable costs relating to the infrastructure; (b) the contributions should not have an excessively adverse impact on— (i) housing or living affordability within a contribution area; or (ii) employment, investment or economic viability associated with a contribution area; (c) the timing of the collection of contributions under the scheme should be connected to the production or delivery of infrastructure to which the contributions relate, such that the scheme should not involve the collection of an excessive amount of contributions before the relevant infrastructure is produced or delivered; and (d) funding under the scheme— (i) may, as appropriate— (A) seek to attribute costs over the lifetime of the relevant infrastructure (or over some other appropriate period); or (B) be based on contributions that become payable on a specified event or events; and (ii) should recognise the need to provide value for money in connection with funding arrangements including, as appropriate, through the contestable provision of infrastructure; (e) augmentation charges should be shared between beneficiaries in proportion to the benefits that they receive; (f) rebates for charges imposed under Subdivision 8 should be available in appropriate circumstances; (g) exemptions from the imposition of charges imposed under Subdivision 8 should be considered depending on the circumstances of the case. (5a) For the purposes of subsections (2)(a) and (5)(a), the reasonable costs relating to infrastructure includes— (a) the reasonable capital costs of the infrastructure based only on infrastructure that is not excessive and that is not produced or delivered at a cost or price that is unreasonable in the circumstances; and (b) the scheme coordinator's reasonable estimate of the value of any land to be used for the provision of the infrastructure; and (c) the reasonable costs relating to the initiation of the proposed scheme (including the costs of preparing a draft outline and appointing a scheme coordinator); and (d) the reasonable costs of preparing the proposed scheme for adoption (including the scheme coordinator's consideration of the scheme and related operational matters); and (e) the reasonable costs of overseeing the delivery of the infrastructure (or works that form part of the scheme) and, if relevant, administering a funding arrangement approved for the scheme. (5b) In connection with subsection (5a)(b)— (a) the scheme coordinator's reasonable estimate of the value of land must be determined in accordance with any requirements published by the Minister on the SA planning portal; and (b) if the land needs to be purchased, the value of that land includes any costs associated with its purchase. (6) In connection with subsection (5)(d)(i)(B), an event or events that trigger the requirement to make, or to begin to make, contributions should be related to when a benefit will begin to accrue, or is intended to accrue— (a) in relation to land; or (b) to the persons who will be subject to charges within a contribution area under Subdivision 8, being (for example)— (c) the division of land; or (d) a change to Planning and Design Code; or (e) an approval or the undertaking of development (including development involving the provision of infrastructure). (7) In addition to subsection (5)(g), exemptions from the imposition of a charge imposed under Subdivision 8 will apply in any circumstances prescribed by the regulations. (8) The scheme coordinator will, after taking the steps set out in subsection (1), prepare a report on the outcome of its activities and furnish a copy of the report to the Minister. (9) The Minister must publish a copy of a report furnished under subsection (8) on the SA planning portal as soon as is reasonably practicable after determining whether or not to proceed with the scheme to which the report relates, subject to any qualifications or redactions that are necessary to prevent the disclosure of confidential or commercially sensitive information provided by or relating to— Subdivision 5—Adoption of proposed scheme and related operational matters 167—Adoption of scheme (1) The Minister may, on the receipt of a report on a proposed scheme furnished by a scheme coordinator— (a) determine to proceed with the scheme with any variations, exclusions or inclusions as the Minister thinks fit; or (b) determine not to proceed with the scheme. (2) However, the Minister must, before making a variation, exclusion or inclusion under subsection (1)(a) that will involve a significant change to the scheme, refer the scheme (including the proposed variation, exclusion or inclusion) to the scheme coordinator for the scheme coordinator to consider and report to the Minister on the scheme in accordance with section 166 as if it were a proposed scheme under that section. (3) If the Minister decides to proceed under subsection (1)(a), the Minister must cause a final outline of the scheme to be— (3a) If a scheme under section 163 is adopted or varied under section 167A, the Minister may, by notice published on the SA planning portal, terminate an agreement or deed specified in the notice that relates to the provision of infrastructure in relation to the designated growth area to which the scheme relates. (3b) Before an agreement or deed is terminated by notice published under subsection (3a), the Minister must give the parties to the agreement or deed at least 30 days notice of the termination. (3c) If a scheme under section 163A is adopted, the Minister may, by notice published on the SA planning portal, terminate an agreement or deed specified in the notice that relates to the provision of infrastructure in relation to the declared project area or designated growth area to which the scheme relates. (3d) Before an agreement or deed is terminated by notice published under subsection (3c), the Minister must give the parties to the agreement or deed at least 30 days notice of the termination. (3e) An agreement or deed may only be terminated under subsection (3a) or (3c) if any Minister or council that is a party to the agreement or deed has agreed to its termination. (3f) No compensation is payable in relation to the termination of an agreement or deed under subsection (3a) or (3c). (3g) Subsections (3a) to (3f) (inclusive) have effect despite the terms of any agreement or deed (or understanding or undertaking) and without the need for any other act or consent. (4) A funding arrangement that forms part of a scheme takes effect subject to obtaining an approval under Subdivision 6. (5) The Minister may, if the Minister considers it necessary or appropriate to do so, vary an outline of the scheme at any time. (6) A variation under subsection (5) may include a proposal to vary a funding arrangement that has been approved under Subdivision 6. (7) The Minister must, before making a variation that will involve a significant change to the scheme— (a) if the scheme provides for the imposition of a charge under Subdivision 7, give consideration to whether or not such a charge should be included in the scheme, taking into account the variation and, if the scheme was initiated under section 163, the matters referred to in section 163(9); and (c) take reasonable steps to consult with the council within whose area the scheme is proposed to be undertaken and, if relevant, any council whose area may include the whole or any part of a proposed contribution area; and (d) take reasonable steps to consult with the owners of any land that would be directly affected by any infrastructure or works to be provided or undertaken under the proposed scheme; and (e) consult with any other person or body as the Minister thinks fit, and the Minister must then refer the scheme (as proposed to be varied) to the scheme coordinator. (8) The scheme coordinator must, on a referral under subsection (7), consider and report to the Minister on the scheme in accordance with section 166 as if it were a proposed scheme under that section. (9) A variation under subsection (5) will be made by the Minister by instrument— (10) The Minister may, in constituting a scheme, include or address any other matter as the Minister thinks fit. (11) To avoid doubt, the liabilities of a scheme will accrue under the terms of the scheme (and, if relevant, against a fund established under Subdivision 9 and not against a council that is required to make contributions under Subdivision 8). 167A—Variation of basic infrastructure scheme to include primary infrastructure (1) The Minister may, on the recommendation of the scheme coordinator for a scheme under section 163, vary the scheme so that it also provides for primary infrastructure. (2) Before making a recommendation under subsection (1), the scheme coordinator must— (a) if prescribed circumstances apply— (i) publish a copy of the proposed variation on the SA planning portal and invite interested persons to make submissions on the variation within a period (of at least 28 days) specified by the scheme coordinator; and (ii) prepare a report on the variation and furnish a copy of the report to the Minister; or (b) in any other case— (i) prepare a draft outline of the variation that addresses the matters referred to in section 163A(2) as if the draft outline of the variation were a draft outline of a scheme under section 163A; and (ii) prepare scoped and costed proposals relating to the variation to the scheme that accord with any relevant design standards; and (iii) if the variation proposes that a funding arrangement should be established under this Division for the primary infrastructure—develop the funding arrangement; and (iv) undertake consultation in relation to the variation in accordance with any requirements under the Community Engagement Charter; and (v) prepare a report on the matters referred to in the preceding subparagraphs and furnish a copy of the report to the Minister. (3) Subject to subsection (4), section 166(2) to (4) (inclusive) apply to the development of a funding arrangement under subsection (2)(b)(iii) proposed in a variation in the same way as they apply to the development of a funding arrangement in relation to a proposed scheme. (4) The regulations may provide that specified provisions of Subdivision 2 or 4 to 7 (inclusive) do not apply, or apply with prescribed variations, in relation to a variation of a scheme under this section (including in relation to the functions of a scheme coordinator under subsection (2) in relation to a variation). (5) The Minister must publish a copy of a report furnished under subsection (2) on the SA planning portal as soon as is reasonably practicable after determining whether or not to make the variation to which the report relates, subject to any qualifications or redactions that are necessary to prevent the disclosure of confidential or commercially sensitive information provided by or relating to— (6) A variation under subsection (1) will be made by the Minister by instrument— (7) The Minister must ensure that a copy of the scheme as varied under subsection (1) is published on the SA planning portal as soon as reasonably practicable after the variation is notified under subsection (6). (8) A funding arrangement that forms part of a scheme as varied under subsection (1) takes effect subject to obtaining an approval under Subdivision 6. (9) For the purposes of this and any other Act or law, a scheme as varied under subsection (1) takes effect as if it were a scheme under section 163A. (10) To avoid doubt, section 167(5) to (9) (inclusive) do not apply to the variation of a scheme under section 163 in accordance with this section. 168—Role of scheme coordinator in relation to delivery of scheme (1) The scheme coordinator has the following functions in relation to a scheme established under this Division: (a) to oversee the delivery of any infrastructure or works that form part of the scheme; (b) if a funding arrangement is approved under this Division—to administer the funding arrangement and to provide advice to the Minister about the enforcement of any charge under Subdivision 7 or the levels and amounts of any contributions that are to be recovered under Subdivision 8; (c) to provide advice to the Minister about what should happen on the completion of the works associated with the scheme; (d) to provide advice on any other matter at the request of the Minister or as the scheme coordinator thinks fit; (e) such other functions assigned by the Minister after consultation with the Chief Executive. (2) Without limiting subsection (1), the scheme coordinator should seek to ensure that essential infrastructure is procured and delivered in a timely manner and at reasonable cost and, in so doing, apply and act in accordance with the following principles: (a) the cost of essential infrastructure should be open and transparent; (b) the design of, and procurement processes for, essential infrastructure should be dynamic, flexible and adaptable to the changes in circumstances, especially changes within a designated growth area or contribution area; (c) essential infrastructure should be delivered in a way that facilitates and promotes orderly and economic development, economic growth and employment. (3) In addition, the scheme coordinator should, insofar as is reasonable, seek out and bring to the attention of the Chief Executive any additional or alternative funding sources that could ensure that charges and contributions under any funding arrangement for infrastructure under the relevant scheme are kept as low as possible. (4) No liability attaches to a scheme coordinator, the Minister or the Crown in relation to any advice provided in good faith under this section to a person proposing to apply for a development authorisation. Subdivision 6—Funding arrangements 169—Funding arrangements (1) A funding arrangement established under this Division may— (a) include 1 or more of the following: (i) the provision of funds from public or private sources (including by the Treasurer providing guarantees if the Treasurer thinks fit); (ii) exemptions from 1 or more taxes, levies or local government rates imposed under a law of the State; (iii) the imposition of a charge under Subdivision 7, including by establishing a designated growth area or declared project area (as the case requires); (iv) the collection of contributions under Subdivision 8, including by designating the relevant contribution area or areas; and (b) include a scheme for rebates and other adjustments in relation to contributions that would be otherwise payable under Subdivision 7 or Subdivision 8 (and any such scheme will have effect according to its terms); and (c) provide for any charge or other amount to be imposed, collected, rebated or adjusted according to a determination of ESCOSA, or of some other specified person or body (including a determination that is made after the scheme has been approved under this section); and (d) include a methodology for works within a scheme under this Division to be undertaken on an "in kind" basis; and (e) provide for other matters determined by the Minister. (2) In connection with subsection (1)— (a) a scheme that provides for the imposition of a charge under Subdivision 7— (i) may provide for the indexing of the charge under an index, or at a rate, determined or approved by the ESCOSA, or by some other prescribed person or body; and (ii) must specify arrangements for the periodic review of the charge under the relevant scheme and, as part of such a review, may provide for any matter to be considered or determined by ESCOSA, or by some other prescribed person or body; and (b) a scheme that provides for the collection of contributions under Subdivision 8 must specify arrangements for the periodic review of the levels and amounts of those contributions and, as part of such a review, may provide for any matter to be considered or determined by ESCOSA, or by some other prescribed person or body, on application by the Minister or a council; and (c) ESCOSA has (in addition to ESCOSA's functions and powers under the Essential Services Commission Act 2002)— (i) the ability to make a determination for the purposes of subsection (1)(c); and (ii) the ability to act on an application under paragraph (a) or (b); and (iii) any other functions and powers conferred by regulations made under this Act; and (d) if ESCOSA is to act under this section, the Essential Services Commission Act 2002 may apply subject to such modifications as may be prescribed by regulations made on the recommendation of the Minister after consultation with ESCOSA. (3) Despite paragraph (a) of subsection (2), ESCOSA, or another prescribed person or body acting in accordance with that paragraph, may not make a determination in relation to a scheme that provides for the imposition of a charge under Subdivision 7 that results in the charge being payable over a longer period of time than the period applying under the funding arrangement established by the scheme. (4) Despite the preceding subsections, a funding arrangement under a scheme that provides for the imposition of a charge under Subdivision 7 must provide that the liability to make a payment or payments under the charge after the occurrence of an event or events that trigger the requirement to make, or to begin to make, such payments cannot be transferred to a purchaser of any land or dwelling to which the scheme relates who intends to occupy the land or dwelling for residential purposes. (5) A funding arrangement has no force or effect unless or until it has been approved by the Minister by notice published in the Gazette. (6) The Minister may vary or revoke a funding arrangement approved under subsection (5) by further notice published in the Gazette. (7) If the Minister approves or varies a funding arrangement under this section, the Minister must— (a) prepare a report that sets out the funding arrangement and information about any contribution that is to be collected under Subdivision 8 or charge that is to be imposed under Subdivision 7 or, if relevant, the extent of a variation; and (b) furnish a copy of the report to the ERD Committee; and (c) publish a copy of the report on the SA planning portal. (8) A funding arrangement that provides for or includes the collection of contributions under Subdivision 8 in relation to prescribed infrastructure cannot be approved under subsection (5) unless (in relation to the component that relates to the imposition of those contributions)— (a) CGO or the Chief Executive (as determined by the Minister) has taken reasonable steps to consult with— (i) an entity or entities that, in the opinion of CGO or the Chief Executive (as the case may be), represent the interests of persons who are directly involved in providing infrastructure or developing land that may be subject to a scheme of the relevant kind under this Division; and (ii) if the funding arrangement is specifically relevant to a particular council or councils—that council or those councils; and (iii) the LGA; and (iv) any other person or body specified by the Minister; and (ab) CGO or the Chief Executive (as the case requires) has furnished a report to the Minister— (i) setting out the outcome of the consultation required under paragraph (a); and (ii) recommending that the funding arrangement be approved; and (b) the funding arrangement has been approved by all of the persons who, as at the day that is 90 days before the day on which the funding arrangement is approved under subsection (5), own land within the relevant contribution area or areas, other than— (i) community land under the Local Government Act 1999; or (ii) a public road under the Local Government Act 1999; or (iii) dedicated land under the Crown Land Management Act 2009; or (iv) land held by, or under the care, control or management of, the Urban Renewal Authority under the Urban Renewal Act 1995; or (v) other land held for a public purpose excluded from the ambit of this definition by the regulations. (9) In connection with subsection (8), the approval of any person under subsection (8)(b) will be obtained or ascertained in a manner determined by the Minister for the purposes of that subsection. (10) CGO or the Chief Executive (as the case may be) may only make a recommendation to the Minister under subsection (8) that a funding arrangement be approved if is satisfied, having regard to any consultation on the scheme undertaken by the scheme coordinator, that the scheme provides for contributions under Subdivision 8, and rebates and other adjustments in relation to the contributions, in a manner that— (a) is fair and equitable; and (b) would not unreasonably disadvantage persons who own small areas of land within the relevant contribution area or areas; and (c) is reasonable taking into account the matters referred to in section 164(8) and the principles referred to in section 166(5). (11) If a report furnished to the ERD Committee under subsection (7) relates to the approval of a scheme for the collection of contributions under Subdivision 8 (a contributions scheme) or the approval or variation of a funding arrangement under a scheme that provides for the imposition of a charge under Subdivision 7 (a charge scheme), the ERD Committee must, after receiving the report— (a) resolve that it does not object to the contributions scheme or charge scheme (as the case requires); or (b) resolve to suggest amendments to the contributions scheme or charge scheme (as the case requires); or (c) resolve to object to the contributions scheme or charge scheme (as the case requires). (12) Subject to subsection (14), if, at the expiration of 28 days from the day on which the report was referred to the ERD Committee under subsection (7), the ERD Committee has not made a resolution under subsection (11), it will be conclusively presumed that the ERD Committee does not object to the contributions scheme or charge scheme (as the case requires) and does not propose to suggest any amendments. (13) Subject to subsection (14), if the period of 28 days referred to in subsection (12) 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 (12) 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 (12). (14) If the period applying under subsection (12), including by virtue of subsection (13), 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. (15) If an amendment is suggested under subsection (11)— (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) resolve that it does not object to the contributions scheme or charge scheme (as the case requires); or (ii) resolve to object to the contributions scheme or charge scheme (as the case requires). (16) If the ERD Committee resolves to object to the contributions scheme or charge scheme (as the case requires), copies of the report furnished to the ERD Committee under subsection (7) must be laid before both Houses of Parliament. (17) If either House of Parliament passes a resolution disallowing the contributions scheme or charge scheme (as the case requires) after a report has been laid before it under subsection (16), then the contributions scheme or charge scheme (as the case requires) will cease to have effect. (18) A resolution is not effective for the purposes of subsection (17) 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 report was laid before the House. (19) If a resolution is passed under subsection (18), notice of that resolution must immediately be published in the Gazette. (20) Subsections (11) to (19) (inclusive) do not apply in a particular case if— (a) the Minister has consulted with the ERD Committee before the contributions scheme or charge scheme (as the case requires) has been finalised; and (b) the ERD Committee has resolved, on account of that consultation, that the scheme need not be subject to the processes set out in those subsections if or when it has been approved by the Minister as part of the relevant funding arrangement under subsection (5). (21) In this section— prescribed infrastructure means— (a) infrastructure within the ambit of paragraph (i), (j) or (k) of the definition of essential infrastructure under section 3(1); or (b) without limiting paragraph (a), infrastructure that relates to the provision of public transport; or (c) other infrastructure brought within the ambit of this definition by the regulations. 170—Government guarantees A liability of the Crown arising by virtue of a guarantee under an approved funding arrangement is to be paid out of the Consolidated Account (which is appropriated to the necessary extent). 171—Exemptions from taxes and levies An exemption from a tax, levy or local government rate under an approved funding arrangement will have effect by force of this section (and despite any other Act).