South Australian Consolidated Acts South Australian Consolidated Acts (1) If the Minister is
considering an amendment to a Development Plan, the
Minister must first prepare a proposal, to be called a "Development Plan
Amendment" (or "DPA"), that complies with the following requirements:
(a) the
DPA must be based on investigations initiated by the Minister for the purposes
of this section;
(b) the
DPA must include an assessment of the extent to which the proposed
amendment—
(i)
accords with the Planning Strategy; and
(ii)
accords with other parts of the Development Plan; and
(iii)
complements the policies in Development Plans for
adjoining areas; and
(iv)
satisfies the requirements prescribed by the regulations;
(c) the
DPA must include—
(i)
an explanation of the proposed amendment and a summary of
the major policy changes (if any) that are proposed; and
(ii)
a summary of the conclusions drawn from the
investigations and assessments referred to above; and
(iii)
a draft of the amendment, or a draft of the relevant
section of the Development Plan as amended (with the amendments shown in a
distinctive manner);
(d) the
DPA must include an assessment of the extent to which the proposed amendment
accords with relevant infrastructure planning (with respect to both physical
and social infrastructure) identified by the Minister for the purpose of this
section;
(e) the
DPA must include any other matter prescribed by the regulations.
(2) The DPA may
incorporate any material prepared by a council in relation to an amendment
that was proposed under section 25.
(3) A DPA may only be
prepared after the Minister has considered the advice of a person with
prescribed qualifications.
(4) When the Minister
has prepared a DPA in accordance with the preceding subsections, the DPA will
be dealt with in accordance with process A, B or C, as described below,
depending on the determination of the Minister.
(5) Process A is as
follows:
(a) the
Minister will first refer the DPA to any government Department or agency that,
in the opinion of the Minister, has a direct interest in the matter (and any
other body as the Minister thinks fit) for comment within the period
prescribed by the regulations;
(b) the
Minister will then consider the matter and any comment from a government
Department, agency or other body to which the DPA has been referred, although
if a response is not received by the Minister within the period that applies
under paragraph (a), the Minister may assume that the particular
Department, agency or other body does not desire to provide any comment;
(c) the
Minister may then determine whether or not to alter the DPA;
(d) the
Minister will then—
(i)
refer the DPA to any council that, in the opinion of the
Minister, has a direct interest in the matter for comment within a period of
8 weeks; and
(ii)
release the DPA for public consultation, in accordance
with the regulations, over a period that is at least concurrent with the
period that applies under subparagraph (i).
(5a) Process B is as
follows:
(a) the
Minister will refer the DPA to any government Department or agency, and any
council, that, in the opinion of the Minister, has a direct interest in the
matter (and any other body as the Minister thinks fit) for comment within a
period of 8 weeks (and if a response is not received by the Minister
within this period then the Minister may assume that the particular
Department, agency, council or other body does not desire to provide any
comment);
(b) the
Minister will release the DPA for public consultation, in accordance with the
regulations, over a period that is at least concurrent with the period that
applies under paragraph (a).
(5b) Process C is as
follows:
(a) the
Minister will refer the DPA to any government Department or agency, and any
council, that, in the opinion of the Minister, has a direct interest in the
matter (and any other body as the Minister thinks fit) for comment within a
period of 4 weeks (and if a response is not received by the Minister
within this period then the Minister may assume that the particular
Department, agency, council or other body does not desire to provide any
comment);
(b) the
Minister will release the DPA for public consultation, in accordance with the
regulations, over a period that is at least concurrent with the period that
applies under paragraph (a);
(c) the
Minister will, at the time that the DPA is released for public consultation,
give—
(i)
an owner or occupier of any land that is directly within
the ambit of operation of the proposed amendment; and
(ii)
an owner or occupier of each piece of adjacent land to
land that is directly within the ambit of operation of the proposed amendment,
a written notice in accordance with the regulations.
(5c) In addition to
any requirement prescribed by the regulations, the Minister must, for the
purposes of undertaking the public consultation required above—
(a)
allow interested persons to make representations in writing to the Minister in
relation to the matter over the period that applies for the purposes of public
consultation; and
(b)
ensure that at least 1 meeting is held where members of the public may attend
and make representations in relation to the matter (although if no written
representation under paragraph (a) indicates an interest to be heard, a
meeting need not be held); and
(c)
arrange for a committee of the Advisory Committee (which may, but need not,
include members of the Advisory Committee) to consider any representations
made under paragraph (a) or (b) and to provide advice to the Minister in
relation to those representations.
(5d) The Minister may
seek the advice of the Advisory Committee—
(a) on
any proposed alterations to the amendment; and
(b) on
any other issue that should, in the opinion of the Minister, be referred to
the Advisory Committee.
(6) Where a proposed
amendment designates a place as a place of local heritage value, the Minister
must, on or before the day on which the DPA is released for public
consultation, give each owner of land constituting the place proposed as a
place of local heritage value a written notice—
(a)
informing the owner of the proposed amendment; and
(b)
inviting the owner to make submissions on the amendment within the period
provided for public consultation under this section.
(7) The Minister must
seek the advice of the Advisory Committee on any submissions made under
subsection (6).
(8) The Minister may
then—
(a)
approve the amendment; or
(b)
alter the amendment and approve the amendment as altered; or
(c)
decline to approve the amendment; or
(d)
divide the amendment into separate amendments (with or without alterations)
and approve one or more of those amendments and, as to the remaining amendment
or amendments, give further consideration to any outstanding issues and then,
if or when the Minister thinks fit, reconsider the amendment or amendments
(with or without alterations) and exercise, in relation to the amendment or
amendments, any power conferred on the Minister under this subsection to
approve, or to decline to approve, the amendment or amendments.
(9) The Minister will
give an approval under subsection (8) by notice in the Gazette.
(10) A notice under
subsection (9) must fix a day on which the amendment will come into
operation (and the relevant Development Plan or Plans will then be taken, from
that day, to be amended in the manner set out in the amendment).
(11) Despite a
preceding subsection (but subject to the operation of subsection (12)),
if—
(a) the
Minister is authorised to proceed with the consideration of an amendment
because of the operation of section 24(1)(a)(iv), (iva) or (v); and
(b) a
DPA has been prepared by the relevant council under section 25; and
(c) the
Minister is of the opinion that a policy contained in the DPA is of
substantial interest to the Government of the State and should be adopted to
achieve consistency with the Planning Strategy, or that the DPA remains valid
and effective for the purposes of the consideration of the amendment under
this Act,
then—
(d) the
Minister may rely on a DPA (or part of a DPA) prepared by the council (with or
without modifications made by the Minister); and
(e)
unless substantial modifications have been made under paragraph (d), the
Minister is not required to undertake public consultation on a DPA (or part of
a DPA) on which the Minister is relying under paragraph (d) if public
consultation has already been undertaken on the DPA by a council under this
Act; and
(f) the
Minister is not required to seek the advice of the Advisory Committee under
this section to the extent that advice has already been obtained under
section 25.
(12) The Minister must
refer a proposal to act under subsection (11) to the relevant council for
comment within a period (of at least six weeks) determined by the Minister and
if during that period the council, by notice in writing, objects to the
Minister's proposed action then the Minister must seek and consider the advice
of the Advisory Committee before acting.