South Australian Consolidated Acts South Australian Consolidated Acts (1) If the Minister
approves an amendment under this Subdivision, the Minister must, within 28
days, refer the amendment to the Environment, Resources and Development
Committee of the Parliament (together with, in the case of an amendment
approved under section 25, copies of the certificates of the chief
executive officer of the relevant council required under that section).
(2) An amendment under
section 25 must be accompanied by a report from the Minister that sets
out—
(a) the
timelines that were agreed between the Minister and the council for the taking
of each step in the process under this Subdivision, and any relevant timeline
prescribed by the regulations; and
(b) the
actual time taken for each such step; and
(c) a
report on the reasons for any delays (prepared after taking into account any
matter furnished as part of the council's report under section 25(13));
and
(d) if
Process C was adopted under section 25—the reasons for doing so;
and
(e) any
other comment or material considered relevant by the Minister.
(3) The Environment,
Resources and Development Committee must, after receipt of an amendment under
subsection (1)—
(a)
resolve that it does not object to the amendment; or
(b)
resolve to suggest amendments to the relevant Development Plan (as amended);
or
(c)
resolve to object to the amendment.
(4) Subject to
subsection (4b), if, at the expiration of 28 days from the day on which the
amendment was referred to the Environment, Resources and Development
Committee, the Committee has not made a resolution under subsection (3),
it will be conclusively presumed that the Committee does not object to the
amendment and does not itself propose to suggest any amendments to the
Development Plan.
(4a) Subject to
subsection (4b), if the period of 28 days referred to in
subsection (4) would, but for this subsection, expire in a particular
case between 15 December in 1 year and 15 January in the next
year (both days inclusive), the period applying for the purposes of
subsection (4) 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 (4).
(4b) If the period
applying under subsection (4), including by virtue of
subsection (4a), 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 Environment,
Resources and Development 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 Environment, Resources and Development
Committee is so reconstituted.
(5) If an amendment is
suggested under subsection (3)(b)—
(a) the
Minister may, by notice in the Gazette, proceed to make such an amendment; or
(b) the
Minister may report back to the Committee that the Minister is unwilling to
make the amendment suggested by the Committee (and, in such a case, the
Committee may resolve that it does not object to the amendment as originally
made, or may resolve to object to that amendment).
(6) If the amendment
was proposed by a council, the Minister must consult with the council before
making an amendment under subsection (5)(a).
(7) If the
Environment, Resources and Development Committee resolves to object to an
amendment, copies of the amendment must be laid before both Houses of
Parliament.
(8) If either House of
Parliament passes a resolution disallowing an amendment laid before it under
subsection (7) then the amendment ceases to have effect (and the
Development Plan will, from that time, apply as if it had not been amended by
that amendment).
(9) A resolution is
not effective for the purposes of subsection (8) 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
amendment was laid before the House.
(10) Where a
resolution is passed under subsection (8), notice of that resolution must
forthwith be published in the Gazette.