South Australian Consolidated Acts South Australian Consolidated Acts30—Strategic Directions Reports
(1) A council must,
from time to time, in accordance with the requirements of this section,
prepare a report under this section (a Strategic Directions Report )
that—
(a)
addresses the strategic planning issues within the area of the council, with
particular reference to—
(i)
the Planning Strategy; and
(ii)
any other policy or document prescribed by the
regulations; and
(b)
addresses appropriate amendments to any Development Plan that applies within
the area of the council; and
(c) sets
out the council's priorities for—
(i)
achieving orderly and efficient development through the
implementation of planning policies; and
(ii)
the integration of transport and land-use planning within
its area; and
(iii)
implementing any relevant targets set out in
the Planning Strategy; and
(iiia)
implementing affordable housing policies set out in the Planning Strategy
within its area; and
(iv)
infrastructure planning (with respect to both physical
and social infrastructure), taking into account any advice provided by a
Minister, or any other relevant government agency, in accordance with a scheme
set out in the regulations, and any of the council's proposals with respect to
infrastructure; and
(v)
other projects or initiatives considered to be relevant
by the council; and
(d)
contains such other material as may be—
(i)
prescribed by the regulations; or
(ii)
required by the Minister.
(2) A council must
prepare and complete a report under this section—
(a)
within 12 months after an alteration is made to the Planning Strategy, or
within such longer period as the Minister may allow, if—
(i)
the Minister declares, by notice in the Gazette, that the
alteration is considered to be a significant alteration that should trigger a
review of Development Plans, or specified Development Plans, under this
section in relation to issues specified by the Minister; and
(ii)
the Development Plan that applies in relation to its area
(or a part of its area) falls within the ambit of the declaration; and
(b) in
any event, within 5 years after the completion of the last report under
this section.
(3) A council must, in
connection with the preparation of a report under this section—
(a) by
public advertisement, invite interested persons to make written submissions to
the council within 2 months of the date of the advertisement or such
longer period as may be allowed by the advertisement; and
(b)
consult with any prescribed authority or body in the manner specified by the
regulations.
(4) A council must, in
connection with the operation of subsection (3), prepare and make
available the documentation prescribed by the regulations.
(5) A council must
give a person who makes a written response to an invitation under
subsection (3)(a) an opportunity to appear personally or by
representative before the council or a council committee and to be heard on
those submissions.
(6) A council must, in
preparing a report under this section—
(a)
reach agreement with the Minister on a Statement of Intent with respect to any
proposed amendments to a Development Plan that applies within the area of the
council; and
(b) if
relevant, prepare a DPA that is suitable for consideration under
section 25(3).
(7) A council must
furnish a report under this section to the Minister.
(8) The council must
then, in accordance with any reasonable request of the Minister, enter into an
agreement with the Minister on the steps that the council will take as a
result of the matters contained in the report (and the report will not be
taken to have been completed unless or until such an agreement is reached with
the Minister).
(9) The Minister may,
at the request of a council, exempt a council—
(a) from
a requirement to prepare a particular report under this section; or
(b) from
a particular requirement with respect to a report under this section,
if the Minister is satisfied—
(c) that
the council has addressed, or has determined to address, any relevant issues
through its strategic management plans under the Local
Government Act 1999 and that, in the circumstances, it is reasonable to
rely on those plans, and the procedures associated with those plans, to
achieve the objects of this section; or
(d) that
the council has taken other steps to ensure that its strategies and planning
instruments, and especially the Development Plan or Plans that apply within
the area of the council, are up-to-date; or
(e) that
there is some other good reason to grant the exemption.
(10) The Minister may
grant an exemption under subsection (9) subject to such conditions as the
Minister thinks fit.
(11) If an exemption
is granted under subsection (9), the Minister must include a report with
respect to the matter in the Minister's annual report on the administration of
this Act (including a statement as to the grounds for the granting of the
exemption).
(12) A council must
make copies of a report prepared under this section available for inspection
(without charge) by the public at the principal office of the council.
(13) If a report
proposes amendments to a Development Plan that applies within the area of the
council, the council must ensure that it releases a DPA for public
consultation under section 25 within the period prescribed by the
regulations.
(14) A Minister
identified by the regulations for the purposes of this provision must, at the
request of a council made in accordance with the regulations, furnish to the
council within the prescribed period a statement of the nature and extent of
any infrastructure that, according to the Minister's assessment, should be
taken into account in connection with the preparation of a report under this
section.
(15) Two or more
councils may act under this section jointly (and, in such a case, this section
will apply with any necessary modifications and 1 or more of the councils may
act on behalf of, and with the agreement of, the other council or councils in
undertaking any process or procedure under this section).
(16) A failure of a
council to comply with this section cannot be taken to affect the validity of
a Development Plan that applies in relation to the area (or a part of the
area) of the council.
Subdivision 4—Supplementary provision