Part 4Community engagement and information sharing

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