Subdiv 1Planning agreements

Subdivision 1—Planning agreements 35—Planning agreements (1) Subject to this section, the Minister may, after seeking or receiving the advice of the Commission, enter into an agreement (a planning agreement), relating to a specified area of the State, with any of the following entities: (a) any council that has its area, or part of its area, within the specified area of the State; (b) any other Minister who has requested to be a party to the agreement; (c) if the Minister thinks fit, any other entity (whether or not an agency or instrumentality of the Crown) that has requested or agreed to be a party to the agreement. (2) If a proposed planning agreement will include any part of the area of a council, the Minister must (unless the proposal has been initiated by the council) ensure that the council is specifically invited to be a party to the agreement (on reasonable terms and conditions) under subsection (1)(a). (3) A planning agreement must include provisions that outline the purposes of the agreement and the outcomes that the agreement is intended to achieve and may provide for— (a) the setting of objectives, priorities and targets for the area covered by the agreement; and (b) the constitution of a joint planning board including, in relation to such a board— (i) the membership of the board, being between 3 and 7 members (inclusive); and (ii) subject to subsection (4), the criteria for membership; and (iii) the procedures to be followed with respect to the appointment of members; and (iv) the terms of office of members; and (v) conditions of appointment of members, or the method by which those conditions will be determined, and the grounds on which, and the procedures by which, a member may be removed from office; and (vi) the appointment of deputy members; and (vii) the procedures of the board; and (c) the delegation of functions and powers to the joint planning board (including, if appropriate, functions or powers under another Act); and (d) the staffing and other support issues associated with the operations of the joint planning board; and (e) financial and resource issues associated with the operations of the joint planning board, including— (i) the formulation and implementation of budgets; and (ii) the proportions in which the parties to the agreement will be responsible for costs and other liabilities associated with the activities of the board; and (f) such other matters as the parties to the agreement think fit. (4) The criteria for membership of a joint planning board must be consistent with any requirement of the Minister that is intended to ensure that the members of the joint planning board collectively have qualifications, knowledge, expertise and experience necessary to enable the board to carry out its functions effectively. (5) A planning agreement— (a) expires at the end of 10 years from the date of the agreement and may, when it expires, be replaced by a new agreement (in the same or different terms); and (b) may be varied by agreement between the parties to the agreement or may be terminated— (i) by agreement between the parties to the agreement; or (ii) by the Minister— (A) on the ground that the Minister considers that there has been a serious contravention or failure on the part of the joint planning board to comply with a provision of this or any other Act, or a serious failure on the part of the joint planning board to discharge a responsibility under this or any other Act; or (B) on the ground that the Minister considers that a serious irregularity has occurred in the conduct of the affairs of the joint planning board or that the joint planning board is not functioning effectively or acting appropriately; or (C) on any ground prescribed by the regulations. (6) However, the Minister should only agree to the termination of an agreement under subsection (5)(b)(i) if the Minister is satisfied that it is in the public interest to do so. (7) The regulations may— (a) make provision for the form of planning agreements; and (b) make provision in relation to the termination of planning agreements (including for the transfer to other entities of matters being dealt with by a joint planning board (or an assessment panel appointed by a joint planning board) at the time of a termination); and (c) make such other such provision as the Governor thinks fit in relation to planning agreements. (8) The Chief Executive must— (a) maintain a register of planning agreements in force under this Division; and (b) publish the register on the SA planning portal. (9) The Minister must, within 6 sitting days after a planning agreement is entered into or varied under this section, cause copies of the agreement or variation (as the case may be) to be laid before both Houses of Parliament. Subdivision 2—Joint planning boards 36—Joint planning boards (1) The Minister must, in connection with the commencement of a planning agreement, by notice published in the Gazette, establish a joint planning board in accordance with the terms of the agreement. (2) A joint planning board— (a) is a body corporate; and (b) has the name assigned to it under the relevant planning agreement; and (c) is constituted in accordance with the terms of the relevant planning agreement; and (d) has the functions and powers assigned to it under this or any other Act or conferred under the terms of the relevant planning agreement; and (e) must prepare and furnish annual reports in accordance with requirements prescribed by the regulations. (3) The Minister may, by further notice published in the Gazette, abolish a joint planning board if the relevant planning agreement is terminated. 37—Disclosure of financial interests A member of a joint planning board who is not a member of a council must disclose his or her financial interests in accordance with Schedule 1. 38—Committees (1) A joint planning board may establish such committees as the board thinks fit to advise the board on any aspect of its functions, or to assist the board in the performance of its functions or the exercise of its powers. (2) A joint planning board must establish a committee designated by the relevant planning agreement if the planning agreement so requires. (3) A committee may, but need not, consist of or include members of the joint planning board. (4) The procedures to be observed in relation to the conduct of business of a committee will be— (a) as determined by the joint planning board; or (b) insofar as the procedure is not determined by the joint planning board—as determined by the relevant committee. 39—Subsidiaries (1) A joint planning board may establish a subsidiary— (a) to carry out a specified activity or activities; or (b) to perform a function or to exercise a power of the board under this Act; or (c) to hold or administer any land, facility or assets. (2) The establishment of a subsidiary under this section is subject to obtaining the approval of the Minister to the conferral of corporate status under this Act. (3) The establishment of a subsidiary does not derogate from the power of the joint planning board to act in any matter. (4) Schedule 2 contains other provisions that are relevant to a subsidiary established under this section. 40—Delegations (1) A joint planning board may delegate any of its functions or powers. (b) must in prescribed circumstances be made to a committee of the board established in accordance with the requirements of the regulations; and (c) may be made subject to conditions or limitations specified in the instrument of delegation; and (d) if the instrument of delegation so provides, may be further delegated by the delegate; and (e) is revocable at will and does not derogate from the power of the board to act in any matter. Subdivision 3—Appointment of administrator 41—Appointment of administrator (1) The Minister may appoint an administrator of a joint planning board if— (a) the Minister considers that the board is not operating effectively or appropriately and that steps should be taken under this section until the matter can be resolved; or (b) the Minister has determined that the relevant planning agreement should be terminated and considers that steps should be taken to appoint an administrator under this section until the operations of the board can be wound up; or (c) the Minister considers that taking action under this section is appropriate on any other reasonable ground. (2) Before appointing an administrator under this section, the Minister must— (a) consult with the other parties to the relevant planning agreement; and (b) seek the advice of the Commission. (3) An administrator has, while the appointment remains in force, full and exclusive power to perform the functions and exercise the powers of the joint planning board. (4) The remuneration of the administrator will be fixed by the Minister and is payable from the joint planning board's funds. (5) The members of the joint planning board are suspended from office while an administrator holds office under this section. (6) The Minister may revoke an appointment under this section when the Minister considers it appropriate to do so.