South Australia regulation

Planning, Development and Infrastructure (Planning Agreements) Regulations 2020

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

These regulations implement parts of the Planning, Development and Infrastructure Act 2016 by setting how planning agreements deal with termination and by listing types of clauses parties may include to govern joint planning boards. They say who receives assets and liabilities when a joint planning board ends and allow parties to allocate responsibilities and protections (for example, conflict rules, indemnities, procedures and exemptions).

Who pays and who decides: the parties (or a successor joint planning board) receive assets and liabilities and resolve disputes under their agreement. This lets parties allocate risk and governance but creates negotiation and compliance obligations parties must manage.

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Current sections

Direct links to the current provisions in Planning, Development and Infrastructure (Planning Agreements) Regulations 2020.

Planning, Development and Infrastructure (Planning Agreements) Regulations 2020

South Australia Planning, Development and Infrastructure (Planning Agreements) Regulations 2020 under the Planning, Development and Infrastructure Act 2016

Contents 1 Short title 2 Commencement 3 Interpretation 4 Termination of planning agreements 5 Other provisions in planning agreements Legislative history

1—Short title These regulations may be cited as the Planning, Development and Infrastructure (Planning Agreements) Regulations 2020. 2—Commencement These regulations come into operation on the day on which they are made. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Planning, Development and Infrastructure Act 2016. 4—Termination of planning agreements For the purposes of section 35(7)(b) of the Act, on the termination of a planning agreement, any assets or liabilities held by, or attached to, the joint planning board immediately before the termination of the planning agreement will be distributed to, or become the responsibility of— (a) if a new joint planning board has been established in relation to the same area—that joint planning board; or (b) in any other case—the entities which were the parties to the planning agreement immediately before the termination of the planning agreement in accordance with an agreement between those parties or, in default of such an agreement, in accordance with the resolution of the matter under the procedures set out in the agreement for the resolution of a dispute (and the provisions of the agreement will continue to apply until the dispute is resolved). 5—Other provisions in planning agreements (1) For the purposes of section 35(7)(c) of the Act, a planning agreement may— (a) provide that the appointment of an elected member of a council, or of an employee of a council, as a member of a joint planning board does not give rise to a conflict between the duties of the office of member of the joint planning board and the duties of the office of elected member or employee of the council (as the case may be); or (b) provide that the appointment of an elected member of a council, or of an employee of a council, as a member of a joint planning board is valid even if the duties of either office require, by implication, the person's full time attention; or (c) provide that a party to the agreement may give a direction in relation to an actual or perceived conflict of duty on account of a member of a joint planning board holding concurrent offices, or in relation to any other duty applying in respect of a person as a member of a joint planning board (so that there is not a breach of duty if the direction is complied with); or (d) provide that to the extent that any matter relating to the proceedings of a joint planning board are not covered by a specific provision of the agreement, the joint planning board may determine its own procedures; or (e) provide that an act or proceeding of a joint planning board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member of the joint planning board; or (f) provide that the parties to the agreement, or a joint planning board, must indemnify each member of the joint planning board against any civil liability for an honest act or omission in the performance, exercise or discharge of the member's, or the board's, functions, powers or duties under the agreement; or (g) provide for the service of any document on a joint planning board; or (h) provide that the appointment of a joint planning board does not derogate from the power of a party to the agreement to act in relation to a matter that falls within a function of a joint planning board (subject to the operation of the Act, or any other Act); or (i) provide for a scheme for the parties to the agreement to direct and control a joint planning board (subject to the operation of the Act, or any other Act); or (j) provide that a joint planning board may apply to the Minister for an exemption from a requirement of the agreement (subject to any condition or conditions specified in the agreement). (2) This regulation does not limit the ability of the parties to a planning agreement to include any other provision in the agreement in accordance with the scheme set out in the Act. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations Year No Reference Commencement 2020 5 Gazette 6.2.2020 p216 6.2.2020: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Planning, Development and Infrastructure (Planning Agreements) Regulations 2020

South Australia Planning, Development and Infrastructure (Planning Agreements) Regulations 2020 under the Planning, Development and Infrastructure Act 2016

Contents 1 Short title 2 Commencement 3 Interpretation 4 Termination of planning agreements 5 Other provisions in planning agreements Legislative history

1—Short title These regulations may be cited as the Planning, Development and Infrastructure (Planning Agreements) Regulations 2020. 2—Commencement These regulations come into operation on the day on which they are made. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Planning, Development and Infrastructure Act 2016. 4—Termination of planning agreements For the purposes of section 35(7)(b) of the Act, on the termination of a planning agreement, any assets or liabilities held by, or attached to, the joint planning board immediately before the termination of the planning agreement will be distributed to, or become the responsibility of— (a) if a new joint planning board has been established in relation to the same area—that joint planning board; or (b) in any other case—the entities which were the parties to the planning agreement immediately before the termination of the planning agreement in accordance with an agreement between those parties or, in default of such an agreement, in accordance with the resolution of the matter under the procedures set out in the agreement for the resolution of a dispute (and the provisions of the agreement will continue to apply until the dispute is resolved). 5—Other provisions in planning agreements (1) For the purposes of section 35(7)(c) of the Act, a planning agreement may— (a) provide that the appointment of an elected member of a council, or of an employee of a council, as a member of a joint planning board does not give rise to a conflict between the duties of the office of member of the joint planning board and the duties of the office of elected member or employee of the council (as the case may be); or (b) provide that the appointment of an elected member of a council, or of an employee of a council, as a member of a joint planning board is valid even if the duties of either office require, by implication, the person's full time attention; or (c) provide that a party to the agreement may give a direction in relation to an actual or perceived conflict of duty on account of a member of a joint planning board holding concurrent offices, or in relation to any other duty applying in respect of a person as a member of a joint planning board (so that there is not a breach of duty if the direction is complied with); or (d) provide that to the extent that any matter relating to the proceedings of a joint planning board are not covered by a specific provision of the agreement, the joint planning board may determine its own procedures; or (e) provide that an act or proceeding of a joint planning board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member of the joint planning board; or (f) provide that the parties to the agreement, or a joint planning board, must indemnify each member of the joint planning board against any civil liability for an honest act or omission in the performance, exercise or discharge of the member's, or the board's, functions, powers or duties under the agreement; or (g) provide for the service of any document on a joint planning board; or (h) provide that the appointment of a joint planning board does not derogate from the power of a party to the agreement to act in relation to a matter that falls within a function of a joint planning board (subject to the operation of the Act, or any other Act); or (i) provide for a scheme for the parties to the agreement to direct and control a joint planning board (subject to the operation of the Act, or any other Act); or (j) provide that a joint planning board may apply to the Minister for an exemption from a requirement of the agreement (subject to any condition or conditions specified in the agreement). (2) This regulation does not limit the ability of the parties to a planning agreement to include any other provision in the agreement in accordance with the scheme set out in the Act. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal regulations Year No Reference Commencement 2020 5 Gazette 6.2.2020 p216 6.2.2020: r 2