South Australian Consolidated Acts South Australian Consolidated Acts (1) In this
section—
"the appropriate Minister" means the Minister to whom the Governor has from
time to time, by notice in the Gazette, assigned the functions of appropriate
Minister for the purposes of this section.
(2)
The appropriate Minister must ensure that a Planning Strategy for development
within the State is prepared and maintained.
(3)
The Planning Strategy may incorporate documents, plans, policy statements,
proposals and other material designed to facilitate strategic planning and
co-ordinated action on a State-wide, regional or local level.
(3a)
The Planning Strategy will be taken to include—
(a) the
Objectives for a Healthy River Murray under the River Murray Act 2003 (as
in force from time to time); and
(b) the
objectives of the Adelaide Dolphin Sanctuary Act 2005 ; and
(c) the
objects of the Marine Parks Act 2007 ,
and the appropriate Minister may, as the appropriate Minister thinks fit, make
textual alterations to the Planning Strategy to incorporate those objectives
into the Planning Strategy.
(3b) The Minister must
ensure that the various parts of the Planning Strategy are reviewed at least
once in every 5 years.
(3c) Different parts
may be reviewed at different times but any review must include—
(a) an
assessment of relevant trends in the strategies of the Government; and
(b) an
assessment of the consistency between the part or parts under review and other
major policy documents and strategies of the Government that are relevant to
the material under review (as determined by the Minister),
(and may include other matters as the Minister thinks fit).
(4)
The appropriate Minister must, in relation to any proposal to create or alter
the Planning Strategy—
(a)
prepare a draft of the proposal; and
(b) by
public advertisement, give notice of the place or places at which copies of
the draft are available for inspection (without charge) and purchase and
invite interested persons to make written representations on the proposal
within a period specified by the Minister.
(4a)
Subsection (4) does not apply with respect to an alteration of
the Planning Strategy pursuant to subsection (3a).
(5)
The appropriate Minister must—
(a) make
appropriate provision for the publication of the Planning Strategy; and
(b)
ensure that copies of the Planning Strategy are reasonably available for
inspection (without charge) and purchase by the public at places determined by
the Minister; and
(c)
ensure that notice of any alteration to the Planning Strategy is published in
the Gazette within a reasonable time after the alteration is made.
(6)
The appropriate Minister must, on or before 31 October of each year in respect
of a preceding financial year, prepare a report on—
(a) the
implementation of the Planning Strategy;
(b) any
alteration to the Planning Strategy (including the general effect or
implications of any such alteration);
(c)
community consultation on the content, implementation, revision or alteration
of the Planning Strategy;
(d) such
other matters as the Minister thinks fit.
(7)
The appropriate Minister must, within six sitting days after completing the
report, cause copies to be laid before both Houses of Parliament.
(7a) The report
required under subsection (6) may be incorporated into (and presented as
part of) the annual report of the Minister under section 21.
(8)
The Planning Strategy is an expression of policy formed after consultation
within government and within the community and does not affect rights or
liabilities (whether of a substantive, procedural or other nature).
(9)
The Planning Strategy is not to be taken into account for the purposes of any
application, assessment or decision under Part 4 (other than Division 2 of
that Part).
(10) No action can be
brought on the basis—
(a) that
a Development Plan, or an amendment to a Development Plan, approved under this
Act is inconsistent with the Planning Strategy; or
(b) that
an assessment or decision under this Act (including an assessment or decision
under Division 2 of Part 4) is inconsistent with the Planning Strategy.
Subdivision 1—Creation of plans