Part 15Funds and off-set schemes

Part 15—Funds and off-set schemes Division 1—Planning and Development Fund 194—Continuance of Fund (1) The Fund at the Treasury known as the Planning and Development Fund continues in existence. (2) The following amounts must be paid into the Fund: (a) money made available by the Treasurer out of appropriations authorised by Parliament for the purposes of the Fund; (b) all money derived by the Minister from the sale, leasing or other disposal of land by the Minister of land vested in the Minister; (c) all loans raised by the Minister for the purposes of this Act; (d) all other money that is required to be paid into the Fund by or under this or any other Act (including by regulation under this Act). (3) The Minister may borrow money for the purposes of this Act on terms and conditions approved by the Treasurer. 195—Application and management of Fund The money standing to the credit of the Fund may be used by the Minister for all or any of the following purposes: (a) the acquisition, management or development of land, or any purpose related to the acquisition, management or development of land, under this Act; (b) the payment of money (by way of compensation or in other ways) which the Minister becomes liable to pay under this Act; (c) the payment of rates, taxes or other charges due and payable by the Minister in respect of land vested in or held by the Minister; (d) the transfer to any reserve for the repayment of money borrowed by the Minister for the purposes of this Act; (e) the payment of principal, interest or expenses in respect of money borrowed by the Minister for the purposes of this Act; (f) the management and development of property vested in the Minister; (g) any purposes authorised by or under this Act (including by regulation) as a purpose for which the Fund may be applied; (h) assistance to councils in the provision and development of public land for conservation and recreation; (i) assistance or grants to— (i) a joint planning board; (ii) another entity acting under this Act; or (iii) an entity acting under the Urban Renewal Act 1995. 196—Accounts and audit (1) The Minister must cause proper accounts to be kept in relation to the Fund. (2) The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Fund. Division 2—Off-set schemes 197—Off-setting contributions (b) a joint planning board or a council acting with the approval of the Minister. (2) A designated entity may establish a scheme under this section that is designed to support or facilitate— (a) development that may be in the public interest or otherwise considered by the designated entity as being appropriate in particular circumstances (including by the provision of facilities at a different site); or (b) planning or development initiatives that will further the objects of this Act or support the principles that relate to the planning system established by this Act; or (c) any other initiative or policy— (i) designated by the Planning and Design Code for the purposes of this subparagraph; or (ii) prescribed by the regulations for the purposes of this subparagraph. (3) A scheme established under this section may include— (a) an ability or requirement for a person who is proposing to undertake development (or who has the benefit of an approval under this Act)— (i) to make a contribution to a fund established as part of the scheme; or (ii) to undertake work or to achieve some other goal or outcome (on an "in kind" basis); or (iii) to proceed under a combination of subparagraph (i) and subparagraph (ii), in order to provide for or address a particular matter identified by the scheme; and (b) an ability for a provision of the Planning and Design Code to apply with a specified variation under the terms of the scheme; and (c) an ability for any relevant authority to act under or in connection with paragraph (a) or (b), including where the relevant authority is not the designated entity that has established the scheme, and the scheme will, in so doing, have effect in accordance with its terms. (4) If a fund is established as part of a scheme under this section— (a) the fund will consist of— (i) any money received under the terms of the scheme; and (ii) any income or accretions produced by the investment of money from the fund; and (iii) any money advanced or made available by the Treasurer or any other person or body for the purposes of the fund; and (b) the fund will be applied towards the purposes of the scheme in accordance with any directions or approvals of the Treasurer made or given after consultation with the Minister; and (c) money that is not immediately required for the purposes of the fund may be invested in accordance with provisions included in the scheme; and (d) the fund must be audited in accordance with provisions included in the scheme. (5) An approval of the Minister that relates to a scheme to be established by a joint planning board or a council may be given on conditions specified by the Minister. (6) If a scheme is established under this section, the Minister must— (a) prepare a report that sets out information about the scheme; 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. (7) A scheme under this section may be varied or wound up— (a) by the Minister; or (b) by another designated entity acting with the approval of the Minister. (8) The Minister may, on the winding up of a scheme, make a determination about the use or application of any amount standing to the credit of the fund established as part of the scheme (and any such determination will have effect according to its terms). 198—Open space contribution scheme (1) Where an application for a development authorisation provides for the division of land into more than 20 allotments, and 1 or more allotments is less than 1 hectare in area— (a) the council in whose area the land is situated; or (b) if the land is not situated within the area of a council—the Commission, may require— (c) that up to 12.5% in area of the relevant area be vested in the council or the Crown (as the case requires) to be held as open space; or (d) that the applicant make the contribution prescribed by the regulations in accordance with the requirements of this section; or (e) that land be vested in the council or the Crown under paragraph (c) and that the applicant make a contribution determined in accordance with subsection (8), according to the determination and specification of the council or the Commission and, in so acting, the council or the Commission must have regard to any relevant provision of the Planning and Design Code that designates any land as open space and, in the case of a council, must not take any action that is at variance with the Planning and Design Code without the concurrence of the Commission. (2) Where an application for a development authorisation provides for— (a) the division of land into 20 allotments or less, and 1 or more allotments is less than 1 hectare in area; or (b) the division of land under the Community Titles Act 1996 or the Strata Titles Act 1988, then, unless the division is of a kind excluded from the operation of this section by the regulations, the Commission may— (c) require the applicant to pay to the Commission the contribution prescribed by the regulations in accordance with the requirements of this section; or (d) enter into an agreement with the applicant under which— (i) land described by the relevant plan will be vested (as a separate allotment) in the council in whose area the land is situated or, where the land is not situated within the area of a council, in the Crown, to be held as open space; and (ii) the applicant will make a contribution determined in accordance with subsection (8). (3) Where land referred to in subsection (2) is in the area of a council, the council must be a party to an agreement referred to in subsection (2)(d). (4) Where an application for a development authorisation provides for the undertaking of development of a prescribed class in prescribed circumstances (being development that does not fall within the ambit of subsection (1) or (2)), the Commission may require— (a) that an area not exceeding the prescribed percentage of the total area of the site of the development be kept as open space or in some other form that allows for active or passive recreation (as determined by the Commission), with some or all of this area to be vested in the Crown or, with the concurrence of the council, a council; or (b) that the applicant pay the contribution prescribed by the regulations to the Commission; or (c) that certain land be kept in the manner contemplated by paragraph (a) and that the applicant will make a contribution to the Commission under this section. (5) The percentage prescribed under subsection (4)(a) must not exceed 12.5%. (6) The council and the Commission must ensure that there is consistency between— (a) a requirement imposed under subsection (1), (2) or (4), or an agreement entered into under subsection (2); and (b) the terms of any development authorisation given under this Act. (7) Without limiting the operation of any other provision of this Act, the regulations prescribing rates of contribution for the purposes of this section may make different provisions according to designated parts of the State delineated by zone maps in the Planning and Design Code. (8) The contribution that may be required under subsection (1)(e) or (2)(d)(ii) will be determined in accordance with the following formula: