South Australian Consolidated Acts

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DEVELOPMENT ACT 1993 - SECT 28

28—Interim development control

        (1)         Where the Minister is of the opinion that it is necessary in the interests of the orderly and proper development of an area of the State that an amendment to a Development Plan should come into operation without delay, the Minister may, at the same time as, or at any time after, a DPA in relation to the amendment is released for public consultation under this Subdivision, and without the need for prior consultation with any council or other authority, by notice in the Gazette, declare that the amendment will come into operation on an interim basis on a day specified in the notice.

        (2)         Where a notice has been published under subsection (1), the amendment comes into operation on the day specified in the notice.

        (3)         The Minister must, as soon as practicable after the publication of a notice under subsection (1), prepare a report on the matter and cause copies of that report to be laid before both Houses of Parliament.

        (4)         An amendment that has come into operation under this section ceases to operate—

            (a)         if the Minister, by notice published in the Gazette, terminates the operation of the amendment; or

            (b)         if either House of Parliament passes a resolution disallowing the amendment after copies of the amendment have been laid before both Houses of Parliament under section 27(7); or

            (c)         if the amendment has not been approved by the Minister under this Subdivision within 12 months from the day on which it came into operation; or

            (d)         if the amendment is superseded by another amendment that comes into operation under this Subdivision.

        (5)         If an amendment ceases to operate by virtue of subsection (4)(b) or (c), notice of that cessation must forthwith be published in the Gazette.

        (6)         If an amendment ceases to operate by virtue of subsection (4)(a), (b), or (c), the Development Plan will, from the date of cessation, apply as if it had not been amended by that amendment.



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