Part 3Amendment of Character Preservation (Barossa Valley) Act 2012

Part 3—Amendment of Character Preservation (Barossa Valley) Act 2012 3—Amendment of section 3—Interpretation (1) Section 3(1), definition of development authorisation—delete "Development Act 1993" and substitute: (2) Section 3(1), definition of Planning Strategy—delete the definition (3) Section 3(1), definition of relevant authority—delete "Development Act 1993" wherever occurring and substitute, in each case: (4) Section 3(2)—delete "of the Planning Strategy" and substitute: of a state planning policy under the Planning, Development and Infrastructure Act 2016 4—Amendment of section 4—Interaction with other Acts Section 4(2)—delete "Development Act 1993" and substitute: 5—Amendment of section 5—Administration of Act Section 5—delete "Development Act 1993" and substitute: 6—Amendment of section 7—Character values of district Section 7(2)(b)—delete paragraph (b) and substitute: (b) the policies to be developed and applied by any state planning policy and the Planning and Design Code under the Planning, Development and Infrastructure Act 2016 in relation to the district. 7—Amendment of section 8—Limitations on land division in district (1) Section 8—delete "Development Act 1993" wherever occurring and substitute, in each case: (2) Section 8—delete "Development Assessment Commission" wherever occurring and substitute, in each case: (3) Section 8(7)(c)—delete paragraph (c) and substitute: (c) the prescribed allotment provisions provide for a larger minimum allotment size than the provisions that would otherwise apply in relation to the proposed development, (4) Section 8(7)—delete "despite the provisions of the Development Plan" and substitute: despite the provisions of the Planning and Design Code (5) Section 8(7)—delete "despite section 53(2)" and substitute: section 132(2) (6) Section 8(9)—before the definition of prescribed day insert: prescribed allotment provisions means the provisions of the Development Plan under the Development Act 1993 relating to the rural area and relating to the minimum size allotments that were in force on the prescribed day (after the commencement of the operation of any amendments to that Development Plan) that were made on that day; 8—Amendment of section 10—Review of Act Section 10(3)(a)—delete "and any relevant provisions of the Planning Strategy" 9—Amendment of section 11—Regulations Section 11(2)(a)—delete "Development Assessment Commission" and substitute: Part 4—Amendment of Character Preservation (McLaren Vale) Act 2012 10—Amendment of section 3—Interpretation (1) Section 3(1), definition of development authorisation—delete "Development Act 1993" and substitute: (2) Section 3(1), definition of Planning Strategy—delete the definition (3) Section 3(1), definition of relevant authority—delete "Development Act 1993" wherever occurring and substitute, in each case: (4) Section 3(2)—delete "of the Planning Strategy" and substitute: of a state planning policy under the Planning, Development and Infrastructure Act 2016 11—Amendment of section 4—Interaction with other Acts Section 4(2)—delete "Development Act 1993" and substitute: 12—Amendment of section 5—Administration of Act Section 5—delete "Development Act 1993" and substitute: 13—Amendment of section 7—Character values of district Section 7(2)(b)—delete paragraph (b) and substitute: (b) the policies to be developed and applied by any state planning policy and the Planning and Design Code under the Planning, Development and Infrastructure Act 2016 in relation to the district. 14—Amendment of section 8—Limitations on land division in district (1) Section 8—delete "Development Act 1993" wherever occurring and substitute, in each case: (2) Section 8—delete "Development Assessment Commission" wherever occurring and substitute, in each case: 15—Amendment of section 10—Review of Act Section 10(3)(a)—delete "and any relevant provisions of the Planning Strategy" 16—Amendment of section 11—Regulations Section 11(2)(a)—delete "Development Assessment Commission" and substitute: Part 5—Amendment of Environment, Resources and Development Court Act 1993 17—Amendment of section 21—Principles governing hearings Section 21—after subsection (4) insert: (5) Without limiting a preceding subsection, the Court— (a) may require evidence or argument to be presented in writing and decide on the matters on which it will hear oral evidence or argument; and (b) may limit the time available for presenting the respective cases of parties before it at a hearing to an extent that it considers would not impede the fair and adequate presentation of the cases. 18—Insertion of section 35A After section 35 insert: 35A—Electronic hearings and proceedings without hearings (1) If the Court thinks it appropriate, it may allow the parties and their representatives and any witnesses (or 1 or more of them) to participate in a hearing in any proceedings by means of telephone, video link, or any other system or method of communication. (2) If the Court thinks it appropriate, it may conduct all or part of any proceedings entirely on the basis of documents without the parties or their representatives or any witnesses attending or participating in a hearing. (3) If the Court acts under this section, the Court is to take steps to ensure that the public has access to, or is precluded from access to, matters disclosed in the proceedings to the same extent as if the proceedings had been heard before the Court with the attendance in person of all persons involved in the proceedings. Part 6—Amendment of Liquor Licensing Act 1997 19—Insertion of section 11C After section 11B insert: 11C—Steps to avoid conflict with planning system The Commissioner should— (a) in the development and implementation of a code of practice; or (b) in the assessment of an application for a licence under this Act; or (c) in the imposition of conditions under this Act, take reasonable steps to avoid any inconsistency with, or the duplication of, matters that are dealt with or addressed under the Planning, Development and Infrastructure Act 2016. 20—Amendment of section 76—Other rights of intervention Section 76—after subsection (2) insert: (2a) A representation under subsection (2) is not to extend to a matter that is dealt with or addressed under the Planning, Development and Infrastructure Act 2016. Part 7—Amendment of Local Government Act 1999 21—Amendment of section 221—Alteration of road (1) Section 221(3)(b)—delete paragraph (b) and substitute: (b) the alteration is approved as part of a development authorisation under the Planning, Development and Infrastructure Act 2016; or (2) Section 221—after subsection (6) insert: (7) Subsection (3)(b) operates subject to the following qualifications: (a) an accredited professional under the Planning, Development and Infrastructure Act 2016 may only grant an approval under subsection (3)(b) with the concurrence of the council; (b) any other relevant authority under the Planning, Development and Infrastructure Act 2016 may only grant an approval under subsection (3)(b) after consultation with the council. (8) The requirement to consult under subsection (7)(b) does not extend to an assessment panel appointed by the council. 22—Amendment of section 222—Permits for business purposes Section 222—after subsection (6) insert: (6a) This section does not apply to the use of a public road approved as part of a development authorisation under the Planning, Development and Infrastructure Act 2016. (6b) Subsection (6a) operates subject to the following qualifications: (a) an accredited professional under the Planning, Development and Infrastructure Act 2016 may only grant an approval under subsection (6a) with the concurrence of the council; (b) any other relevant authority under the Planning, Development and Infrastructure Act 2016 may only grant an approval under subsection (6a) after consultation with the council; (c) an approval to use the public road as envisaged by subsection (6a) will be for a period prescribed by the regulations (and, at the expiration of that period, this section will then apply in relation to the use of the road). (6c) The requirement to consult under subsection (6b)(b) does not extend to an assessment panel appointed by the relevant council. 23—Insertion of section 234AA After section 234 insert: 234AA—Interaction with processes associated with development authorisations (1) A person who— (a) alters a public road; or (b) uses a public road for business purposes, as part of a development authorisation under the Planning, Development and Infrastructure Act 2016— (c) must comply with any design standard or other requirement that applies under the Planning, Development and Infrastructure Act 2016; and (d) is not required to comply with any code of practice or other requirement that applies under this Act to the extent of any inconsistency between— (i) any design standard or other requirement referred to in paragraph (a); and (ii) any code of practice or other requirement that applies under this Act. (2) If a person to whom section 221(3)(b) or 222(6a) applies considers that an act of a council is unreasonably preventing or delaying the ability of the person to undertake development in accordance with the relevant development authorisation, the person may apply to the ERD Court for a review of the matter. (3) The ERD Court may, in acting on an application under subsection (2), examine and review the act of the council on such basis as the ERD Court thinks fit. (4) The ERD Court may, on a review under this section— (a) dismiss the application; or (b) remit the subject matter of the application to the council for further consideration; or (c) order the council to take such action as the ERD Court thinks fit, and, in doing so, may make any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient. (5) A reference in subsections (2) and (3) to an act includes a reference to an omission. (6) Nothing in this section— (a) requires a person to take any other step under this Act before taking action under this section; or (b) limits the ability of a person from taking action under any other section of this Act. ERD Court means the Environment, Resources and Development Court. Part 8—Amendment of Public Sector Act 2009 24—Insertion of section 10A After section 10 insert: 10A—Agencies to organise activities according to planning regions (1) The Premier may give directions to public sector agencies requiring them to provide services and infrastructure, undertake planning and organise their activities on the basis of the planning regions established under the Planning, Development and Infrastructure Act 2016. (2) A direction under this section is not binding on a public sector agency to the extent (if any) to which it would impede or affect the performance of a quasi‑judicial or statutorily independent function of the agency. Part 9—Amendment of Urban Renewal Act 1995 25—Amendment of section 5—Functions Section 5(d)—delete "section 37 of the Development Act 1993" and substitute: section 122 of the Planning, Development and Infrastructure Act 2016 26—Amendment of section 7C—Functions of URA Section 7C(1)(f)—delete "section 37 of the Development Act 1993" and substitute: section 122 of the Planning, Development and Infrastructure Act 2016 27—Amendment of section 7G—Preliminary (1) Section 7G, definition of Development Assessment Commission—delete the definition (2) Section 7G, definition of Planning Minister—delete "Development Act 1993" and substitute: (3) Section 7G—after the definition of precinct plan insert: State Planning Commission means the State Planning Commission established under the Planning, Development and Infrastructure Act 2016. 28—Amendment of section 7H—Establishment of precincts (1) Section 7H(1)(d)—delete "that promotes the purposes of the Planning Strategy" and substitute: , having regard to any relevant provisions of a state planning policy under the Planning, Development and Infrastructure Act 2016 (2) Section 7H(3)(b)—delete "the Planning Strategy" and substitute: (3) Section 7H(5)—delete "Development Policy Advisory Committee" and substitute: (4) Section 7H—delete "Development Assessment Commission" wherever occurring and substitute, in each case: 29—Amendment of section 7I—Precinct plans (1) Section 7I(2)—delete "the provisions of the Planning Strategy" and substitute: (2) Section 7I(2)(f)—delete paragraph (f) and substitute: (f) make provision in relation to any matter which the Planning and Design Code under the Planning, Development and Infrastructure Act 2016 may provide for, including specifying classes of development within the area that will be taken to be deemed‑to‑satisfy development for the purposes of that Act; and (3) Section 7I(2)(g)—delete "section 50 of the Development Act 1993" and substitute: section 198 of the Planning, Development and Infrastructure Act 2016 (4) Section 7I(4)—delete "the provisions of the Planning Strategy" and substitute: (5) Section 7I(5)—delete subsection (5) and substitute: (5) The precinct authority must, in preparing a precinct plan, have regard to any relevant provisions of the Planning and Design Code. (6) Section 7I(12) and (16)—delete "Development Assessment Commission" wherever occurring and substitute, in each case: (7) Section 7I(14)—delete subsection (14) and substitute: (14) Section 74 of the Planning, Development and Infrastructure Act 2016 applies to the adoption or amendment of a precinct master plan as if references in that section to an approval or amendment of a designated instrument under Part 5 of that Act were references to the adoption or amendment of a precinct master plan under this section. 30—Amendment of section 7J—Certain matters to apply for the purposes of the Planning, Development and Infrastructure Act 2016 (1) Section 7J(1)—delete subsection (1) and substitute: (1) A relevant authority within the meaning of the Planning, Development and Infrastructure Act 2016 must accept that— (a) a proposed development in a precinct is deemed‑to‑satisfy development for the purposes of that Act to the extent that the development is certified by the precinct authority as being deemed‑to‑satisfy development under section 7I(2)(f) of this Act; and (b) a proposed division of land in a precinct satisfies the conditions specified in section 102(1)(c) or (d) of the Planning, Development and Infrastructure Act 2016 to the extent that such satisfaction is certified by the precinct authority. (2) Section 7J(3)—delete "Development Assessment Commission under section 50 of the Development Act 1993" and substitute: State Planning Commission under section 198 of the Planning, Development and Infrastructure Act 2016 (3) Section 7J(4)(a)—delete "Development Act 1993" and substitute: