South Australian Consolidated Acts South Australian Consolidated Acts24—Council or Minister may amend a Development Plan
(1) An amendment to a
Development Plan may be prepared—
(a)
where it relates to the area, or part of the area, of a council—
(i)
by the council for the relevant area; or
(ii)
by the Minister acting at the request of the council; or
(iii)
where the Minister has requested the council to proceed
with an amendment and to prepare a Statement of Intent within a specified time
and the council fails to do so, or the Minister and the council cannot reach
an agreement on a Statement of Intent within three months after a date
specified by the Minister—by the Minister; or
(iv)
where the Minister considers that the council has
demonstrated undue delay in the preparation, consideration or finalisation of
a Development Plan Amendment in accordance with the provisions of this
Subdivision and that the amendment should proceed after taking into account
the significance of the amendment and the provisions of
the Planning Strategy—by the Minister; or
(iva)
where—
(A) a Development Plan Amendment prepared
by the council has lapsed under section 25; or
(B) the council has, after commencing the
processes associated with making an amendment set out in section 25,
subsequently decided not to proceed with the amendment after all; or
(C) the council has, after being required
by the Minister to take or complete any step associated with the finalisation
of an amendment (including an amendment that has been divided under
section 25(15)(f)), failed to take that step within a time specified by
the Minister,
by the Minister; or
(v)
where—
(A) the council has failed to comply with a
requirement of section 30 relating to the preparation or completion of a
report under that section; or
(B) the Minister considers that the council
has, in connection with the preparation of a report under section 30,
acted unreasonably in not agreeing with the Minister on the steps that the
council will take to amend any relevant Development Plan under this
Subdivision, or that the council has failed to comply with the terms of any
relevant agreement with the Minister, or requirement prescribed by the
regulations, under that section,
by the Minister; or
(b)
where it relates to the areas, or parts of the areas, of two or more
councils—
(i)
by the Minister on the basis that he or she considers
that the amendment is reasonably necessary to promote orderly and proper
development within the relevant areas and that, after consultation with the
relevant councils, the Minister considers that it is appropriate for the
Minister to undertake the amendment; or
(ii)
by the relevant councils at the request or with the
approval of the Minister (and, in such a case, this Subdivision will apply
with any necessary modifications); or
(c)
where it relates to land that does not lie within the area of a
council—by the Minister; or
(d)
where the same amendment, or substantially the same amendment, is to be made
to two or more Development Plans—by the Minister; or
(da)
where the amendment—
(i)
relates to the format of a Development Plan, or to the
headings, terms, names, numbers or other forms of identifying or classifying
material used in a Development Plan; or
(ii)
relates to a set of objectives or principles that have
been developed by the Minister with a view to providing or enhancing
consistency in the policies, or specific classes of policies, that are to
apply under this Act and that have been identified for the purposes of this
provision by the Minister by notice in the Gazette,
by the Minister (including an amendment that may only relate to
1 Development Plan in a particular circumstance); or
(e)
where the purpose of the amendment is to establish a State Heritage Area and
impose development controls in relation to that area—by the Minister; or
(f)
where the purpose of the amendment is to impose controls in relation to a
place that is entered, either on a provisional or permanent basis, in the
South Australian Heritage Register—by the Minister; or
(fa)
where the purpose of the amendment is to promote the objects of the River
Murray Act 2003 or the Objectives for a Healthy River Murray under that
Act within the Murray-Darling Basin—by the Minister; or
(fb)
where the purpose of the amendment is to promote the objects or objectives of
the Adelaide Dolphin Sanctuary Act 2005 —by the Minister; or
(fba)
where the purpose of the amendment is to promote consistency with a management
plan for a marine park established under the Marine Parks Act 2007
—by the Minister; or
(fc)
where a regional NRM board has requested a council to proceed with an
amendment on the basis of a regional NRM plan approved under the Natural
Resources Management Act 2004 by the Minister responsible for the
administration of that Act and the council has not acted under section 25
of this Act in relation to the matter within a period determined by the
Minister responsible for the administration of this Act to be reasonable in
the circumstances—by the Minister; or
(g)
where the Minister considers that an amendment to a Development Plan is
appropriate because of a matter which in the opinion of the Minister is of
significant social, economic or environmental importance—by the
Minister; or
(ga)
where the Minister who is responsible for the administration of the Mining
Acts has requested the Minister to take action under this Act to address a
matter or matters relating to planning or development that may arise in
connection with an area that may be subject to, or affected by, operations
carried out under a Mining Act; or
(h)
where the Minister considers that an amendment to a Development Plan is
necessary to ensure or achieve consistency with the Planning Strategy—by
the Minister; or
(i)
where the Minister considers that an amendment to a
Development Plan is appropriate having regard to issues surrounding the
consideration or approval of a development or project under Division 2 of Part
4—by the Minister.
(1a) Two or more
councils may act jointly in preparing amendments to 1 or more
Development Plans under subsection (1)(a)(i) or (b)(ii) and, in such a
case, 1 set of amendments, and 1 DPA, may relate to all of the relevant
Development Plans (and this Subdivision will apply with any necessary
modifications).
(1b) The Minister must
not act under subsection (1)(a)(v) unless the Minister has, by notice in
writing to the relevant council, given the council at least 6 weeks to
make submissions in relation to the matter, and considered any submission
received from the council within the period specified by the Minister.
(2) The Minister must,
in relation to the preparation of an amendment under subsection (1)(e) or
(f), consult with the Minister responsible for the administration of the
Heritage Places Act 1993 and the South Australian Heritage Council.
(2a) The Minister must
not act under subsection (1)(fc) unless the Minister has, by notice in
writing to the relevant council, given the council an opportunity to make
submissions (within a period specified in the notice) in relation to the
matter, and considered any submission received within the specified period
from the council.
(3) Subject to
subsection (3a), if a proposed amendment to a Development Plan by a
council or the Minister—
(a)
relates to any part of the Murray-Darling Basin—the Minister must
consult with and have regard to the views of the Minister for the River
Murray; or
(b)
relates to any part of the Adelaide Dolphin Sanctuary—the Minister must
consult with and have regard to the views of the Minister for the
Adelaide Dolphin Sanctuary; or
(c)
relates to any part of a marine park—the Minister must consult with and
have regard to the views of the Minister for Marine Parks.
(3a) The Governor may,
by regulation, exclude specified categories of amendments from the operation
of subsection (3).
(5) The consultation
required under subsections (2) and (3) will be undertaken in accordance
with any procedures or timelines determined under the regulations (and if, in
a particular case, a response is not received by the Minister within a
relevant period prescribed by the regulations then the Minister may assume
that the entity under the relevant subsection does not desire to provide any
comment).
(6) However—
(a) in a
case involving a proposed amendment under subsection (3)(a), the
Minister for the River Murray may, if that Minister thinks fit, extend any
period for consultation that would otherwise apply under subsection (5)
in relation to the matter; and
(b)
nothing in subsection (5) affects or limits the operation of
section 22(5) of the River Murray Act 2003 .