Part 20Miscellaneous

Part 20—Miscellaneous 232—Constitution of Environment, Resources and Development Court The following provisions apply in respect of the constitution of the Environment, Resources and Development Court when exercising jurisdiction under this Act: (a) the Court may be constituted in a manner provided by the Environment, Resources and Development Court Act 1993 or may, if the Senior Judge of the Court so determines, be constituted of a Judge and 1 commissioner; (b) the provisions of the Environment, Resources and Development Court Act 1993 apply in relation to the Court constituted of a Judge and 1 commissioner in the same way as in relation to a full bench of the Court; (c) the Court may not be constituted of or include a commissioner unless— (i) in a case where only 1 commissioner is to sit (whether alone or with another member or members of the Court)—the commissioner; or (ii) in any other case—at least 1 commissioner, is a commissioner who has been specifically designated by the Governor as a person who has expertise in fields that are relevant to the jurisdiction conferred on the Court by this Act. 233—Exemption from liability No act or omission in good faith in relation to a particular development by— (a) the Minister, the Commission, a relevant authority, a council or other authority under this Act; or (b) an authorised officer; or (c) a building certifier, after the development has been approved under this Act subjects that person or body to any liability. 234—Insurance requirements The regulations may require prescribed classes of persons to have professional indemnity or other insurance of a kind prescribed by the regulations. 235—Professional advice to be obtained in relation to certain matters (1) A relevant authority, council, authorised officer or building certifier may, in the exercise of a prescribed function, rely on a certificate of a person with prescribed qualifications. (2) A relevant authority, council, authorised officer or building certifier must seek and consider the advice of a person with prescribed qualifications, or a person approved by the Minister for that purpose, in relation to a matter arising under this Act that is declared by regulation to be a matter on which such advice should be sought. (3) A person may be approved by the Minister for the purposes of subsection (2) subject to such conditions as the Minister thinks fit, and the Minister may vary or withdraw such an approval at any time. (4) No act or omission by a person or body in good faith in reliance on a certificate given under subsection (1) or advice given under subsection (2) subjects the person or body to any liability. (5) A person must not undertake an engagement to provide a certificate or advice for the purposes of this section in relation to a particular development if the person— (a) has been involved for remuneration in any aspect of the planning or design of the development; or (b) has a direct or indirect pecuniary interest in any aspect of the development or any body associated with any aspect of the development. 236—Confidential information (1) A person performing any function under this Act must not use confidential information gained by virtue of his or her official position for the purpose of securing a private benefit for himself or herself personally or for some other person. Maximum penalty: $15 000 or imprisonment for 2 years. (2) A person performing any function under this Act must not intentionally disclose confidential information gained by virtue of his or her official position unless— (a) the disclosure is necessary for the proper performance of that function; or (b) the disclosure is made to another who is also performing a function under this Act; or (c) the disclosure is made with the consent of the person who furnished the information or to whom the information relates; or (d) the disclosure is authorised or required under any other Act or law; or (e) the disclosure is authorised or required by a court or tribunal constituted by law; or (f) the disclosure is authorised by the regulations. Maximum penalty: $15 000 or imprisonment for 2 years. 237—Accreditation of building products etc (1) Any building product, building method, design, component, equipment or system accredited by an entity prescribed for the purposes of this section is accredited for the purposes of this Act. (2) The accreditation is subject to any conditions or variations imposed by the entity from time to time and remains in force until the accreditation is revoked by the entity. (3) A relevant authority must not refuse to approve a development on the ground that any building product, building method, design, component, equipment or system connected with any building work is unsatisfactory if the product, method, design, component, equipment or system is accredited by a prescribed entity and it complies with any such accreditation. 238—Copyright issues (b) the Commission; or (c) the Chief Executive. (2) A designated entity, acting for the services of the State, is authorised to publish any document, instrument or material in which copyright may exist. (3) Without limiting subsection (2), a designated entity may refuse to accept any document, instrument or material— (a) for any purpose under this Act; and (b) without limiting paragraph (a)—for lodging on the SA planning portal, unless or until there is an agreement in place relating to any copyright that may exist in the document, instrument or material (including an agreement under which no remuneration will be payable for the use of copyright material). (4) Despite a preceding subsection, a designated entity may determine not to accept any document, instrument or material in which copyright may exist if the designated entity considers that the issue of copyright has not been dealt with appropriately or adequately. 239—Charges on land (1) If a charge on land is created under a provision of this Act, the person in whose favour the charge is created may deliver to the Registrar-General a notice, in a form determined by the Registrar-General, setting out the amount of the charge and the land over which the charge is claimed. (2) On receipt of a notice under subsection (1), the Registrar-General must, in relation to any land referred to in the notice, enter a note of the charge against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land. (3) Where a note has been entered under subsection (2), the Registrar-General must not register an instrument affecting the land to which the entry relates unless— (a) the instrument— (i) was executed before the entry was made; or (ii) has been executed under or pursuant to an agreement entered into before the entry was made; or (iii) relates to an instrument registered before the entry was made; or (b) the instrument is an instrument of a prescribed class; or (c) the instrument is expressed to be subject to the operation of the charge; or (d) the instrument is a duly stamped conveyance that results from the exercise of a power of sale under a mortgage, charge or encumbrance in existence before the entry was made. (4) An instrument registered under subsection (3)(a) or (b) has effect, in relation to the entry, as if it had been registered before the entry was made. (5) If an instrument is registered under subsection (3)(d), the charge will be taken to be cancelled by the registration of the instrument and the Registrar‑General must make the appropriate entries to give effect to the cancellation. (6) The person in whose favour a charge exists must, if the amount to which the charge relates is paid, by notice to the appropriate authority in a form determined by the Registrar-General, apply for the discharge of the charge. (7) The Registrar‑General must then cancel the relevant entry. 240—Registering authorities to note transfer (1) The Registrar-General or another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, must, on application under this section, register or record in an appropriate manner the transfer to the Minister or another body of an asset, right or liability by regulation, proclamation or notice under this Act. (2) An instrument relating to an asset, right or liability that has transferred to the Minister or a body by regulation, proclamation or notice under this Act must, if the instrument is executed by the Minister or the body and is otherwise in an appropriate form, be registered or recorded by the Registrar‑General or another appropriate authority despite the fact that the Minister or the body has not been registered or recorded as the proprietor of the property under subsection (1). (3) The vesting of property by regulation, proclamation or notice under this Act, and an instrument evidencing or giving effect to that vesting, are exempt from stamp duty. 241—Delegation by Minister (1) The Minister may delegate any of the Minister's functions or powers under this Act. (d) is revocable at will and does not derogate from the power of the Minister to act in any manner. 242—Approvals by Minister or Treasurer A matter under this Act for which the approval of the Minister or the Treasurer is required will be regarded as having that approval— (a) whether the approval is given in respect of that particular matter or a class of matters to which it belongs; and (b) whether the approval is given by the Minister or Treasurer or by a person acting with the authority of the Minister or Treasurer. 242A—Use of equipment or computers to make decisions (1) Any equipment, computer, software or other mechanical or electronic device or process of a class or kind approved by the Chief Executive (an approved system) may be used— (a) to perform the assessment of, and grant a consent under section 102 of a kind determined by the Chief Executive for, development of a class determined by the Chief Executive; or (b) to grant development authorisation for development of a class determined by the Chief Executive; or (c) to give notice of any decision, determination or other thing under this Act; or (d) to perform any other function under this Act of a prescribed class; or (e) to do anything else related to a matter referred to in a preceding paragraph. (2) Anything done, determined or created by an approved system in relation to a matter referred to in subsection (1) (the relevant matter) will be taken to have been done, determined or created by the Chief Executive. (3) Subject to the regulations, the Chief Executive will be taken to be the relevant authority for the purposes of anything done, determined or created by an approved system in relation to a relevant matter (and a reference in this Act to a relevant authority will be taken to be a reference to the Chief Executive for those purposes). (4) Subject to the regulations, the use of an approved system in relation to a matter referred to in subsection (1) does not derogate from— (a) the power of a person who may otherwise act under the provision to which that subsection relates (a relevant person) to act in relation to that matter instead of relying on the approved system; or (b) the power of a relevant person to make or substitute their own decision in relation to that matter. (5) Without limiting subsection (4), the Chief Executive may, before final development approval is granted in respect of a development for which a consent was granted by use of an approved system, revoke the consent and refer the matter to a relevant authority determined by the Chief Executive for reassessment of whether the consent should be granted. (6) A certificate issued by the Chief Executive and that states any of the following is admissible in evidence in any legal proceedings as evidence of the matters so certified: (a) that any equipment, computer, software or other mechanical or electronic device or process was of a class or kind approved by the Chief Executive under this section; (b) that any equipment, computer, software or other mechanical or electronic device or process was operating correctly; (c) that a determination of a kind of consent under section 102, or development of a class, was properly made by the Chief Executive for the purposes of subsection (1)(a) or (b) (as the case requires). (7) For the purposes of subsection (6), a document purporting to be a certificate of the Chief Executive issued under that subsection is, unless the contrary is proved, to be taken to be such a certificate. (8) The regulations may modify the application of a provision of this Act— (a) for the purposes of anything done, determined or created by an approved system in relation to a relevant matter; or (b) in relation to the operation of this section (including in relation to legal proceedings in connection with this section). 243—Compulsory acquisition of land (1) The Minister may acquire land under this section where the Minister considers that the acquisition of the land is reasonably necessary— (a) for the operation or implementation of the Planning and Design Code; or (b) for the implementation of a development authorisation of a prescribed class; or (c) in order to further the objects of this Act. (2) The Minister may only act under subsection (1) if the Minister is acting on the advice of the Commission. (3) The Land Acquisition Act 1969 applies to the acquisition of land in pursuance of this section. 244—Advisory committees on implementation of Act (1) The Minister must establish the following committees to provide advice on the implementation of this Act: (a) after consultation with the LGA, a committee that relates to the local government sector; (b) a committee that relates to entities involved in undertaking development within the State; (c) a committee that relates to— (i) community participation; and (ii) ecological sustainability and liveability, with respect to planning, design and development. (2) The Minister may, in establishing a committee under subsection (1), make provision with respect to— (a) the membership of the committee; and (b) the procedures of the committee; and (c) the functions or scope of operation of the committee; and (d) other matters as the Minister thinks fit. (3) Nothing in this section limits any other committee or other entity that may be established, or any other step or other process that may be undertaken, in relation to the implementation of this Act. 245—Inquiries by Commission (1) The Commission must conduct the following inquiries under section 22(1)(e): (a) an inquiry into schemes in relation to the provision of essential infrastructure under Part 13; (b) an inquiry into the scheme for off-setting contributions and the open space contribution scheme under Part 15 Division 2. (2) The inquiry under subsection (1)(a) must— (a) investigate alternative schemes for the provision of essential infrastructure and make recommendations as to whether any such scheme should be adopted in this State; and (b) investigate alternative schemes for the provision of prescribed infrastructure (within the meaning of section 169(21)) and make recommendations as to whether any such scheme should be adopted in this State; and (c) consider such other matters as the Commission thinks fit. (3) The inquiry under subsection (1)(b) must— (a) investigate alternative schemes for off-setting contributions and contributing to open space and make recommendations as to whether any such scheme should be adopted in this State; and (b) consider such other matters as the Commission thinks fit. (4) The Commission must furnish the following reports on inquiries under this section to the Minister: (a) a report on the outcome of the inquiry under subsection (1)(a) no earlier than 2 years after the commencement of this Act; (b) a report on the outcome of the inquiry under subsection (1)(b) within 2 years after the commencement of this Act. (5) The Minister must cause a copy of each report submitted to the Minister under this section to be laid before both Houses of Parliament within 6 sitting days after receiving the report. (6) A proclamation for the purposes of this Act fixing a day on which Part 13 Division 1 Subdivision 3 will come into operation cannot be made until after a report on the outcome of the inquiry under subsection (1)(a) has been laid before both Houses of Parliament. 246—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), regulations may be made with respect to any of the matters specified in Schedule 5. (3) A regulation made for the purposes of this Act may operate subject to prescribed conditions. (4) The regulations may adopt, wholly or partially and with or without modification— (a) an instrument relating to matters in respect of which regulations may be made under this Act or otherwise relating to any aspect of development; or (b) an amendment to such an instrument. (5) Any regulations adopting an instrument, or an amendment to an instrument, may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary. (6) The regulations or an instrument adopted by the regulations may— (a) refer to or incorporate, wholly or partially and with or without modification, a standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and (b) be of general or limited application; and (c) make different provision according to the circumstances or entities to which they are expressed to apply; and (d) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Commission, a joint planning board, a council, the Chief Executive, the Commissioner for Consumer Affairs, an authorised person or any other specified body or person. (7) Without limiting a preceding subsection, the regulations may— (a) provide for the effect of failing to comply with any time limit or requirement prescribed by the regulations, including by providing that any action taken after the expiration of any such time limit or in a manner inconsistent with any such requirement will not have effect under this Act; and (b) specify circumstances where a notice may be taken to have been given or served for the purposes of this Act.