South Australian Consolidated Acts South Australian Consolidated Acts5—Interpretation of Development Plans
(1) Subject to
subsection (2), if a term defined in this Part is used in a
Development Plan then the term has, unless the contrary intention appears, the
defined meaning.
(2) The Governor may,
by regulation, define a term used in a Development Plan, and such a
definition, if inconsistent with a definition in this Part, operates to the
exclusion of the latter.
(3) The Governor
cannot make a regulation under subsection (2) unless the Presiding Member
of the Advisory Committee has certified that the requirements of
subsection (5) have been complied with in relation to that regulation.
(4) An allegation in
legal proceedings that the certificate required by subsection (3) was
issued on a particular day is, in the absence of proof to the contrary,
sufficient proof of that fact.
(5) The following
provisions apply in relation to the making of regulations under
subsection (2):
(a)
the Advisory Committee must cause to be published in the Gazette and in a
newspaper circulating generally throughout the State an advertisement—
(i)
containing a general explanation of the regulations that
are (subject to this section) to be made; and
(ii)
inviting interested persons to make written submissions
to the Advisory Committee in relation to the proposed regulations within a
specified period (being a period of not less than 28 days from the date of
publication of the advertisement); and
(iii)
appointing a place and time for the public hearing
referred to in paragraph (b);
(b) at
the time and place appointed for that purpose in the advertisement,
the Advisory Committee, or a committee appointed by the Advisory Committee,
must hold a public hearing at which any interested person may speak in favour
of, or in opposition to, the proposed regulations;
(c) a
copy of the proposed regulations must be sent to the Local Government
Association of South Australia at an appropriate time determined by
the Advisory Committee and the Advisory Committee must give the Local
Government Association of South Australia a reasonable opportunity to make
submissions in relation to the matter;
(d)
the Advisory Committee must then make recommendations to the Minister in
relation to the proposed regulations (including recommendations for the
modification of the proposed regulations in view of the public comment and the
submissions received from the Local Government Association of South Australia)
and forward with those recommendations copies of any written submissions made
to the Advisory Committee under this subsection;
(e) the
Governor may then proceed to make such regulations as are appropriate.