PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016 - SECT 76
PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016 - SECT 76
76—Minor or operational amendments
(1) The Minister may,
by notice published in the Gazette, amend a designated instrument—
(a) in
order to make a change of form (without altering the effect of an underlying
policy reflected in the designated instrument); or
(b) in
order to take action which, in the opinion of the Minister, is—
(i)
addressing or removing irrelevant material or a
duplication or inconsistency (without altering the effect of an underlying
policy reflected in the designated instrument); or
(ii)
correcting an error; or
(c) in
order to provide consistency between the designated instrument and any
provision made by the regulations (including to provide information in a
designated instrument that relates to the content or effect of any
regulation); or
(d) in
accordance with any plan, policy, standard, report, document or code
which—
(i)
is prepared, adopted or applied under another Act; and
(ii)
falls within a class prescribed by the regulations for
the purposes of this provision.
(2) The Minister may,
by notice published in the Gazette, amend a designated instrument—
(a) in
order to give effect to the adoption of, or an amendment to, a precinct plan
under the Urban Renewal Act 1995 ; or
(b) in
order to make such provision as the Minister thinks fit relating to planning
or development within a precinct or the revocation of a precinct under the
Urban Renewal Act 1995 ; or
(c) in
order to provide consistency between the designated instrument and
section 7(5) after a notice under section 7(8) has taken effect in
accordance with that section; or
(d) in
order to provide consistency between the designated instrument and any
development approval that has been granted by the Minister under Part 7
Division 2 Subdivision 4 where the development to which the approval
relates has been substantially commenced or completed.
(3) Without limiting
subsection (1) or (2) the Minister may, by notice published in the
Gazette, amend the Planning and Design Code—
(a) in
order to include a State heritage place in the Planning and Design Code; or
(b) in
order to designate a place (or part of a place) that is (or has been) a
State heritage place as a place of local heritage value (on the basis of a
recommendation of the South Australian Heritage Council under the Heritage
Places Act 1993 ); or
(c) in
order to designate a place (or part of a place) that is a place of local
heritage value as a State heritage place (on the basis of action taken by the
South Australian Heritage Council under the Heritage Places Act 1993 );
or
(d) in
order to remove a place that is no longer a State heritage place from the
Planning and Design Code; or
(e) in
order to remove from the Planning and Design Code—
(i)
a State heritage place or a local heritage place (as
listed in the Planning and Design Code); or
(ii)
any other place listed in the Planning and Design Code
(if relevant to local heritage),
where the building or other item that gave rise to the relevant listing has
been demolished, destroyed or removed.
(4) The Minister must
consult with the Commission before making an amendment under this section.
(5) An amendment under
this section—
(a)
takes effect from a date specified in the notice; and
(b)
takes effect without the need to take any other steps under this Division and
without the need to be approved under any other provision of this Act; and
(c) does
not need to be referred to the ERD Committee under this Part (and is not
subject to disallowance).