Subdiv 5Related and common provisions

Subdivision 5—Related and common provisions 70—Interpretation In this Subdivision— designated instrument means— (a) a state planning policy; or (b) a regional plan; or (c) the Planning and Design Code; or (d) a design standard. 71—Incorporation of material and application of instrument A designated instrument may— (a) be linked to other instruments and standards under this Act; and (b) refer to or incorporate wholly or partially and with or without modification, a policy or other document prepared or published by a prescribed body, either as in force at a specified time or as in force from time to time; and (c) be of general or limited application; and (d) make different provision according to an area, or circumstances or entities, to which it is expressed to apply; and (e) provide that any matter or thing is to be determined, dispensed with or regulated according to the discretion of the Minister, the Commission, the Chief Executive or any other specified body or person. 72—Status (1) A state planning policy or a regional plan is an expression of policy formed after consultation within government and within the community and does not affect rights and liabilities (whether of a substantive, procedural or other nature). (2) No action may be brought on the basis that an entity has acted in a way that is inconsistent with a state planning policy or a regional plan. (3) The Planning and Design Code or a design standard is a public document of which a court or tribunal will take judicial notice, without formal proof of its contents. (4) No action may be brought on the basis that another instrument is inconsistent with a designated instrument. 73—Preparation and amendment (1) A proposal to prepare a designated instrument may be initiated by— (aa) in relation to a state planning policy—the Commission acting at the request of the Minister; or (a) the Commission acting on its own initiative or at the request of the Minister; or (b) in relation to a regional plan—a joint planning board. (2) A proposal to amend a designated instrument may be initiated by— (aa) in relation to a state planning policy—the Commission acting at the request of the Minister; or (a) the Commission acting on its own initiative or at the request of the Minister; or (b) with the approval of the Minister, acting on the advice of the Commission— (i) the Chief Executive; or (ii) another agency or instrumentality of the Crown; or (iii) a joint planning board; or (iv) a council; or (v) a provider of essential infrastructure; or (vi) a scheme coordinator appointed under Part 13 Division 1; or (vii) in relation to the Planning and Design Code or a design standard—a person who has an interest in land and who is seeking to alter the way in which the Planning and Design Code or a design standard affects that land. (3) Without limiting any other provision, an agency or instrumentality of the Crown may make an application under subsection (2)(b)(ii) in connection with being prescribed under section 122. (3a) Despite subsection (2)(b), the advice of the Commission is not required for an approval of the Minister under subsection (2)(b) relating to an amendment to a designated instrument in circumstances prescribed by the regulations. (4) An approval under subsection (2)(b) may be given by the Minister on the basis— (a) that the person or entity given the approval will conduct the processes specified in the succeeding subsections of this section himself, herself or itself; or (b) in the case of an approval under subsection (2)(b)(v) or (vii), that the Chief Executive will conduct the processes specified in the succeeding subsections of this section on behalf of the relevant person or entity and charge the person or entity reasonable costs associated with doing so. (5) An approval of the Minister under subsection (2)(b) may be given on conditions— (a) prescribed by the regulations; or (b) specified by the Minister. (6) A person or entity authorised or approved under a preceding subsection (a designated entity), after all of the requirements of those subsections have been satisfied— (a) may prepare a draft of the relevant proposal; and (b) must comply with the Community Engagement Charter for the purposes of consultation in relation to the proposal; and (c) to the extent that paragraph (b) does not apply, in the case of a proposed amendment to a regional plan that has been prepared by a joint planning board where the amendment is not being proposed by the joint planning board—must consult with the joint planning board; and (d) to the extent that paragraph (b) does not apply, in the case of a proposed amendment to the Planning and Design Code that will have a specific impact on 1 or more particular pieces of land in a particular zone or subzone (rather than more generally)—must take reasonable steps to give— (i) an owner or occupier of the land; and (ii) an owner or occupier of each piece of adjacent land, a notice in accordance with the regulations; and (e) must consult with any person or body specified by the Commission and may consult with any other person or body as the designated entity thinks fit; and (f) must carry out such investigations and obtain such information specified by the Commission; and (g) must comply with any requirement prescribed by the regulations. (7) The designated entity must, after complying with subsection (6), prepare a report in accordance with any practice direction that applies for the purposes of this section (including information about any change to the original proposal that the designated entity considers should be made) and furnish a copy of the report to the Minister. (8) The designated entity must, after furnishing a report to the Minister under subsection (7), ensure that a copy of the report is published on the SA planning portal in accordance with a practice direction that applies for the purposes of this section. (9) A designated entity may enter into an agreement with a person for the recovery of costs incurred by the designated entity in relation to an amendment of the Planning and Design Code or a design standard under this section (subject to the requirement to charge costs under subsection (4)(b) (if relevant)). (10) After receiving a report under subsection (7)— (a) if the Minister thinks that the matter is significant—the Minister may consult with the Commission; or (b) in the case of an amendment where an agreement under subsection (9) for the recovery of costs in relation to the amendment has been entered into—the Minister must consult with the Commission, and the Minister may then— (c) adopt the designated instrument, or the amendment of a designated instrument (as the case may be), as outlined in the report under subsection (7); or (d) make alterations to what is outlined in the report and then proceed to adopt the designated instrument or the amendment, as altered (as the case may be); or (e) in the case of an amendment—divide the amendment into separate parts and then proceed to adopt 1 or more of those parts; or (f) determine that the matter should not proceed. (11) The Minister must publish on the SA planning portal a copy of any advice furnished to the Minister by the Commission in the course of consultation conducted in accordance with subsection (10)(a) or (b)— (a) in a case where the action of the Minister involves adopting a designated instrument or an amendment of a designated instrument—within 10 business days of the designated instrument or amendment taking effect; or (b) in any other case—within 10 business days of taking action under subsection (10). (12) Subject to this Act, the designated instrument, or the amendment of a designated instrument, adopted under subsection (10)— (a) in a case where the designated instrument is a state planning policy—does not have effect unless or until it has been approved by the Governor by notice published in the Gazette; and (b) does not have effect until it is published on the SA planning portal; and (c) may take effect from the date of publication under paragraph (b), or from a later date specified by the Minister. (13) Subject to any practice direction issued by the Commission with the approval of the Minister, a process under a preceding subsection may be undertaken as a joint process that relates to 2 or more instruments. 74—Parliamentary scrutiny (1) A reference in this section to a designated instrument includes a reference to an amendment to a designated instrument. (2) The Minister must, within 28 days after a designated instrument takes effect, refer the designated instrument to the ERD Committee. (3) A designated instrument referred under this section must be accompanied by a report prepared by the Minister that sets out— (a) the reason for the designated instrument; and (b) a copy of any report on the designated instrument furnished to the Minister under section 73(7); and (c) any other material considered relevant by the Minister; and (d) any other information or material prescribed by the regulations. (4) The ERD Committee must, after receipt of a designated instrument under subsection (2)— (a) resolve that it does not object to the designated instrument; or (b) resolve to suggest amendments to the designated instrument; or (c) resolve to object to the designated instrument. (5) Subject to subsection (7), if, at the expiration of 28 days from the day on which a designated instrument was referred to the ERD Committee, the ERD Committee has not made a resolution under subsection (4), it will be conclusively presumed that the ERD Committee does not object to the designated instrument and does not itself propose to suggest any amendments to the designated instrument. (6) Subject to subsection (7), if the period of 28 days referred to in subsection (5) would, but for this subsection, expire in a particular case between 15 December in one year and 15 January in the next year (both days inclusive), the period applying for the purposes of subsection (5) 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 (5). (7) If the period applying under subsection (5), including by virtue of subsection (6), 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. (8) If— (a) the ERD Committee is proposing to suggest an amendment under subsection (4); and (b) the amendment is specifically relevant to a particular council or councils, (c) the ERD Committee must, before resolving to suggest the amendment, refer the amendment to the council or councils for comment and a response within the period of 2 weeks; and (d) any period applying under subsection (5), (6) or (7) will be extended, by force of this subsection, by an additional 21 days. (9) If an amendment is suggested under subsection (4)— (a) the Minister may, by notice published in the Gazette, 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 resolve that it does not object to the designated instrument as originally made, or may resolve to object to the designated instrument). (10) The Minister must consult with the Commission before making an amendment under subsection (9)(a). (11) If the ERD Committee resolves to object to a designated instrument, copies of the designated instrument must be laid before both Houses of Parliament. (12) If either House of Parliament passes a resolution disallowing a designated instrument laid before it under subsection (11), then the designated instrument will cease to have effect (and if the designated instrument is in fact an amendment by virtue of the operation of subsection (1), the relevant designated instrument will, from that time, apply as if it had not been amended by that amendment). (13) A resolution is not effective for the purposes of subsection (12) 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 state planning policy was laid before the House. (14) If a resolution is passed under subsection (12), notice of that resolution must immediately be published in the Gazette. (15) The preceding subsections do not apply in a particular case if— (a) the Minister has consulted with the ERD Committee before a designated instrument, or an amendment to a designated instrument, has been finalised; and (b) the ERD Committee has resolved, on account of that consultation, that the designated instrument 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 Governor. 75—Complying changes—Planning and Design Code (1) The Minister may initiate or agree to an amendment to the Planning and Design Code under this section if— (a) the amendment comprises a change— (i) to the application of a zone, subzone or overlay; or (ii) of a prescribed kind; and (b) the amendment is consistent with a recommendation in the relevant regional plan that, through the use of— (i) specific maps or other spatial information; and (ii) specific information about the changes that are being proposed, clearly and expressly identifies (in the opinion of the Minister) the changes that are considered to be appropriate. (2) An amendment under subsection (1) must be the subject of consultation under the Community Engagement Charter. (2a) The Minister may initiate or agree to an amendment to the Planning and Design Code if— (a) the amendment comprises a change— (i) to the application of a zone, subzone or overlay; or (ii) of a prescribed kind; and (b) the amendment is consistent with a proposed amendment set out in a scheme initiated under section 163A in relation to the provision of primary infrastructure and adopted under section 167 that, through the use of— (i) specific maps or other spatial information; and (ii) specific information about the changes that are being proposed, clearly and expressly identifies (in the opinion of the Minister) the changes that are considered to be appropriate. (3) An amendment under this section is effected by an instrument deposited on the SA planning portal for publication on the SA planning database (in accordance with requirements established by the Chief Executive). (4) An amendment under this section— (a) takes effect from a date specified in the instrument under subsection (3); and (b) takes effect without the need to take any other steps under this Division and without the need to be approved under any other provision of this Act; and (c) does not need to be referred to the ERD Committee under this Part (and is not subject to disallowance). 76—Minor or operational amendments (1) The Minister may, by notice published in the Gazette, amend a designated instrument— (a) in order to make a change of form (without altering the effect of an underlying policy reflected in the designated instrument); or (b) in order to take action which, in the opinion of the Minister, is— (i) addressing or removing irrelevant material or a duplication or inconsistency (without altering the effect of an underlying policy reflected in the designated instrument); or (ii) correcting an error; or (c) in order to provide consistency between the designated instrument and any provision of— (i) this Act or a prescribed Act (including an Act of the Commonwealth); or (ii) the regulations or any other instrument made under this Act, (including to provide information in a designated instrument that relates to the content or effect of this Act or a prescribed Act (including an Act of the Commonwealth), or any regulation or other instrument); or (d) in accordance with any plan, policy, standard, report, document or code which— (i) is prepared, adopted or applied under another Act (including an Act of the Commonwealth); and (ii) falls within a class prescribed by the regulations for the purposes of this provision. (2) The Minister may, by notice published in the Gazette, amend a designated instrument— (a) in order to give effect to the adoption of, or an amendment to, a precinct plan under the Urban Renewal Act 1995; or (b) in order to make such provision as the Minister thinks fit relating to planning or development within a precinct or the revocation of a precinct under the Urban Renewal Act 1995; or (c) in order to provide consistency between the designated instrument and section 7(5) after a notice under section 7(8) has taken effect in accordance with that section; or (d) in order to provide consistency between the designated instrument and any development approval that has been granted by the Minister under Part 7 Division 2 Subdivision 4 where the development to which the approval relates has been substantially commenced or completed. (2a) CGO may, by notice published in the Gazette, amend a designated instrument to provide for planning or development matters in a State development area, including— (a) for the purposes of a project, development or other works in a State development area under the State Development Coordination and Facilitation Act 2025; or (b) to provide consistency between the designated instrument and a State development area plan under the State Development Coordination and Facilitation Act 2025; or (c) in connection with the abolition of a State development area under the State Development Coordination and Facilitation Act 2025 (by the repeal of the notice establishing the area). (3) Without limiting subsection (1) or (2) the Minister may, by notice published in the Gazette, amend the Planning and Design Code— (a) in order to include a State heritage place in the Planning and Design Code; or (b) in order to designate a place (or part of a place) that is (or has been) a State heritage place as a place of local heritage value (on the basis of a recommendation of the South Australian Heritage Council under the Heritage Places Act 1993); or (c) in order to designate a place (or part of a place) that is a place of local heritage value as a State heritage place (on the basis of action taken by the South Australian Heritage Council under the Heritage Places Act 1993); or (d) in order to remove a place that is no longer a State heritage place from the Planning and Design Code; or (e) in order to remove from the Planning and Design Code— (i) a State heritage place or a local heritage place (as listed in the Planning and Design Code); or (ii) any other place listed in the Planning and Design Code (if relevant to local heritage), where the building or other item that gave rise to the relevant listing has been demolished, destroyed or removed. (4a) CGO must, before making an amendment under subsection (2a), undertake public consultation on the proposed amendment for a period of at least 20 business days in accordance with any requirements of the regulations. (5) An amendment under this section— (a) takes effect from a date specified in the notice; and (b) takes effect without the need to take any other steps under this Division and without the need to be approved under any other provision of this Act; and (c) does not need to be referred to the ERD Committee under this Part (and is not subject to disallowance). 77—Publication The Minister must ensure that an up-to-date copy of each designated instrument is published on the SA planning portal and available for inspection and downloading without charge.