South Australia: Planning, Development and Infrastructure Act 2016 (SA)

South Australia Planning, Development and Infrastructure Act 2016 An Act to provide for matters that are relevant to the use, development and management of land and buildings, including by providing a planning system to regulate development within the State, rules with respect to the design, construction and use of buildings, and other initiatives to facilitate the development of infrastructure, facilities and environments that will benefit the community; to repeal the Development Act 1993; to make related amendments to the Character Preservation (Barossa Valley) Act 2012, the Character Preservation (McLaren Vale) Act 2012, the Environment, Resources and Development Court Act 1993, the Liquor Licensing Act 1997, the Local Government Act 1999, the Public Sector Act 2009 and the Urban Renewal Act 1995; and for other purposes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Change of use of land 5 Planning regions and Greater Adelaide 6 Subregions 7 Environment and food production areas—Greater Adelaide 8 Application of Act—general provision 9 Application of Act—Crown 10 Interaction with other Acts 11 Recognition of special legislative schemes Part 2—Objects, planning principles and general responsibilities Division 1—Objects and planning principles 12 Objects of Act 13 Promotion of objects 14 Principles of good planning Division 2—General duties and coordination of activities 15 General duties 16 Responsibility to coordinate activities Part 3—Administration Division 1—State Planning Commission Subdivision 1—Establishment and constitution of Commission 17 Establishment of Commission 18 Constitution of Commission 19 Special provision relating to constitution of Commission 20 Conditions of membership 21 Allowances and expenses Subdivision 2—Functions and powers 22 Functions 23 Powers 24 Minister to be kept informed 25 Minister to have access to information Subdivision 3—Related matters 26 Validity of acts 27 Proceedings 28 Disclosure of financial interests 29 Committees 30 Delegations 31 Staff and facilities 32 Annual report Division 2—Chief Executive 33 Functions 34 Delegation Division 3—Joint planning arrangements Subdivision 1—Planning agreements 35 Planning agreements Subdivision 2—Joint planning boards 36 Joint planning boards 37 Disclosure of financial interests 38 Committees 39 Subsidiaries 40 Delegations Subdivision 3—Appointment of administrator 41 Appointment of administrator Division 4—Practice directions and practice guidelines 42 Practice directions 43 Practice guidelines Part 4—Community engagement and information sharing Division 1—Community engagement 44 Community Engagement Charter 45 Preparation and amendment of charter 46 Parliamentary scrutiny 47 Publication Division 2—Online planning services and information 48 SA planning website 49 Planning database 50 Online atlas and search facilities 51 Standards and specifications 52 Certification and verification of information 53 Online delivery of planning services 54 Protected information 55 Freedom of information 56 Fees and charges Part 5—Statutory instruments Division 1—Principles 57 Principles Division 2—Planning instruments Subdivision 1—State planning policies 58 Preparation of state planning policies 59 Design quality policy 60 Integrated planning policy 61 Adaptive re-use 62 Climate change policy 62A Biodiversity policy 63 Special legislative schemes Subdivision 2—Regional plans 64 Regional plans Subdivision 3—Planning and Design Code 65 Establishment of code 66 Key provisions about content of code 67 Local heritage 68 Significant trees Subdivision 4—Design standards 69 Design standards Subdivision 5—Related and common provisions 70 Interpretation 71 Incorporation of material and application of instrument 72 Status 73 Preparation and amendment 74 Parliamentary scrutiny 75 Complying changes—Planning and Design Code 76 Minor or operational amendments 77 Publication Subdivision 6—Other matters 78 Early commencement Division 3—Building related instruments 79 Building Code 80 Ministerial building standards 81 Publication Part 6—Relevant authorities Division 1—Entities constituting relevant authorities 82 Entities constituting relevant authorities Division 2—Assessment panels 83 Panels established by joint planning boards or councils 84 Panels established by Minister 85 Appointment of additional members 86 Substitution of local panels Division 3—Assessment managers 87 Assessment managers Division 4—Accredited professionals 88 Accreditation scheme 89 Notification of acting 90 Removal from acting 91 Duties 92 Use of term "building certifier" Division 5—Determination of relevant authority 93 Relevant authority—panels 94 Relevant authority—Commission 95 Relevant authority—Minister 96 Relevant authority—assessment managers 97 Relevant authority—accredited professionals 98 Relevant authority—councils 99 Related provisions Division 6—Delegations 100 Delegations Part 7—Development assessment—general scheme Division 1—Approvals 101 Development must be approved under this Act 102 Matters against which development must be assessed Division 2—Planning consent Subdivision 1—Categories of development 103 Categories of development Subdivision 2—Accepted development 104 Accepted development Subdivision 3—Code assessed development 105 Categorisation 106 Deemed-to-satisfy assessment 107 Performance assessed development Subdivision 4—Impact assessed development 108 Categorisation 109 Practice direction to provide guidance 110 Restricted development 111 Impact assessment by Minister—procedural matters 112 Level of detail 113 EIS process 114 Amendment of EIS 115 Decision by Minister 116 Costs 117 Testing and monitoring Division 3—Building consent 118 Building consent Division 4—Procedural matters and assessment facilitation 119 Application and provision of information 120 Outline consent 121 Design review 122 Referrals to other authorities or agencies 123 Preliminary advice and agreement 124 Proposed development involving creation of fortifications 125 Time within which decision must be made 126 Determination of application Division 5—Conditions 127 Conditions Division 6—Variation of authorisation 128 Variation of authorisation Part 8—Development assessment—essential infrastructure Division 1—Development assessment—standard designs 129 Development assessment—standard designs Division 2—Essential infrastructure—alternative assessment process 130 Essential infrastructure—alternative assessment process Part 9—Development assessment—Crown development 131 Development assessment—Crown development Part 10—Development assessment and approval—related provisions Division 1—General principles 132 Law governing proceedings under this Act 133 Saving provisions Division 2—Buildings 134 Requirement to up‑grade 135 Urgent building work Division 2A—Protection of Crown and Anchor Hotel as live music venue and development of surrounding land 135A Protection of Crown and Anchor Hotel as live music venue and development of surrounding land Division 3—Trees 136 Urgent work in relation to trees 137 Interaction of controls on trees with other legislation Division 4—Land division certificate 138 Land division certificate Division 5—Access to land 139 Activities that affect stability of land or premises 140 Access to neighbouring land—general provision Division 6—Uncompleted development 141 Action if development not completed 142 Completion of work Division 7—Cancellation of development authorisation 143 Cancellation of development authorisation Division 8—Inspection policies 144 Inspection policies Part 11—Building activity and use—special provisions Division 1—Preliminary 145 Interpretation Division 2—Notifications 146 Notification during building Division 3—Party walls and similar matters 147 Construction of party walls 148 Rights of building owner 149 Power of entry 150 Appropriation of expense Division 4—Classification and occupation of buildings 151 Classification of buildings 152 Certificates of occupancy 153 Temporary occupation 154 Building certifiers Division 5—Emergency orders 155 Emergency orders Division 6—Swimming pool and building safety 156 Designated safety requirements 157 Fire safety Division 7—Liability 158 Negation of joint and several liability in certain cases 159 Limitation on time when action may be taken Part 12—Mining and renewable energy—special provisions 160 Mining and renewable energy matters to be referred in certain cases to Minister 161 Related matters Part 13—Infrastructure frameworks Division 1—Infrastructure delivery schemes Subdivision 1—Interpretation 162 Interpretation Subdivision 2—Establishment of schemes—basic infrastructure 163 Initiation of scheme Subdivision 3—Establishment of general schemes 164 Initiation of scheme Subdivision 4—Scheme coordinator 165 Scheme coordinator 166 Consideration of proposed scheme Subdivision 5—Adoption of proposed scheme and related operational matters 167 Adoption of scheme 168 Role of scheme coordinator in relation to delivery of scheme Subdivision 6—Funding arrangements 169 Funding arrangements 170 Government guarantees 171 Exemptions from taxes and levies Subdivision 7—Charges on land 172 Application of Subdivision 173 Creation of charge 174 Ranking of charge 175 Enforcement of charge Subdivision 8—Scheme contributions 176 Application of Subdivision 177 Contributions by constituent councils 178 Payment of contributions 179 Funds may be expended in subsequent years 180 Imposition of charge by councils 181 Costs of councils Subdivision 9—Statutory funds 182 Establishment of funds 183 Audit of funds Subdivision 10—Winding up 184 Winding up Division 2—Infrastructure powers 185 Interpretation 186 Infrastructure works 187 Authorised works 188 Entry onto land 189 Acquisition of land Division 3—Related provisions 190 Incorporation of Chief Executive 191 Step in powers Part 14—Land management agreements 192 Land management agreements 193 Land management agreements—development applications Part 15—Funds and off-set schemes Division 1—Planning and Development Fund 194 Continuance of Fund 195 Application and management of Fund 196 Accounts and audit Division 2—Off-set schemes 197 Off-setting contributions 198 Open space contribution scheme 199 Multi-unit buildings 200 Urban trees funds Part 16—Disputes, reviews and appeals Division 1—General rights of review and appeal 201 Interpretation 202 Rights of review and appeal 203 Application to assessment panel 204 Applications to Court 205 Powers of Court in determining any matter 206 Special provision relating to building referees Division 2—Initiation of proceedings to gain a commercial competitive advantage 207 Preliminary 208 Declaration of interest 209 Right of action in certain circumstances Part 17—Authorised officers 210 Appointment of authorised officers 211 Powers of authorised officers to inspect and obtain information Part 18—Enforcement Division 1—Civil enforcement 212 Interpretation 213 Enforcement notices 214 Applications to Court Division 2—General offences and provisions relating to offences Subdivision 1—General offences 215 General offences 216 Offences relating specifically to building work 217 False or misleading information Subdivision 2—General provisions relating to offences 218 Criminal jurisdiction of Court 219 Proceedings for offences 220 Offences by bodies corporate—responsibility of officers 221 Penalties for bodies corporate 222 Order to rectify breach 223 Adverse publicity orders 224 Proceedings commenced by councils Division 3—Civil penalties 225 Civil penalties Division 4—Other matters 226 Imputation of conduct or state of mind of officer, employee etc 227 Statement of officer evidence against body corporate 228 Make good orders 229 Recovery of economic benefit 230 Enforceable voluntary undertakings Part 19—Regulation of advertisements 231 Advertisements Part 20—Miscellaneous 232 Constitution of Environment, Resources and Development Court 233 Exemption from liability 234 Insurance requirements 235 Professional advice to be obtained in relation to certain matters 236 Confidential information 237 Accreditation of building products etc 238 Copyright issues 239 Charges on land 240 Registering authorities to note transfer 241 Delegation by Minister 242 Approvals by Minister or Treasurer 243 Compulsory acquisition of land 244 Advisory committees on implementation of Act 245 Inquiries by Commission 246 Regulations Schedule 1—Disclosure of financial interests 1 Interpretation 2 Disclosure of interests 3 Register 4 Compliance with Schedule 5 Restrictions on publication Schedule 2—Subsidiaries of joint planning boards 1 Application for Ministerial approval 2 Corporate status 3 Charter of subsidiary 4 Appointment of board of management 5 Validity of acts 6 Proceedings of board of management 7 Specific functions of board of management 8 Board members' duty of care etc 9 Business plans 10 Budget 11 Subsidiary subject to direction by joint planning board 12 Provision of information 13 Reporting 14 Internal audit 15 Delegations 16 Common seal 17 Liabilities 18 Winding‑up Schedule 3—Codes of conduct and professional standards 1 Codes of conduct 2 Publication of code 3 Professional standards and investigations 4 Non‑derogation Schedule 4—Performance targets and monitoring 1 Targets 2 Monitoring and evaluation of performance and trends 3 Review of performance 4 Non‑derogation Schedule 4A—Designated live music venue area Schedule 5—Regulations Schedule 6—Repeal and certain amendments Part 1—Preliminary 1 Amendment provisions Part 2—Repeal 2 Repeal Part 3—Amendment of Character Preservation (Barossa Valley) Act 2012 3 Amendment of section 3—Interpretation 4 Amendment of section 4—Interaction with other Acts 5 Amendment of section 5—Administration of Act 6 Amendment of section 7—Character values of district 7 Amendment of section 8—Limitations on land division in district 8 Amendment of section 10—Review of Act 9 Amendment of section 11—Regulations Part 4—Amendment of Character Preservation (McLaren Vale) Act 2012 10 Amendment of section 3—Interpretation 11 Amendment of section 4—Interaction with other Acts 12 Amendment of section 5—Administration of Act 13 Amendment of section 7—Character values of district 14 Amendment of section 8—Limitations on land division in district 15 Amendment of section 10—Review of Act 16 Amendment of section 11—Regulations Part 5—Amendment of Environment, Resources and Development Court Act 1993 17 Amendment of section 21—Principles governing hearings 18 Insertion of section 35A 35A Electronic hearings and proceedings without hearings Part 6—Amendment of Liquor Licensing Act 1997 19 Insertion of section 11C 11C Steps to avoid conflict with planning system 20 Amendment of section 76—Other rights of intervention Part 7—Amendment of Local Government Act 1999 21 Amendment of section 221—Alteration of road 22 Amendment of section 222—Permits for business purposes 23 Insertion of section 234AA 234AA Interaction with processes associated with development authorisations Part 8—Amendment of Public Sector Act 2009 24 Insertion of section 10A 10A Agencies to organise activities according to planning regions Part 9—Amendment of Urban Renewal Act 1995 25 Amendment of section 5—Functions 26 Amendment of section 7C—Functions of URA 27 Amendment of section 7G—Preliminary 28 Amendment of section 7H—Establishment of precincts 29 Amendment of section 7I—Precinct plans 30 Amendment of section 7J—Certain matters to apply for the purposes of the Planning, Development and Infrastructure Act 2016 Schedule 8—Transitional provisions Part 1—Preliminary 1 Interpretation 2 Saving of operation Part 2—Definitions and change of use 3 Definitions 4 Change of use of land Part 3—Commission and preliminary structural reforms Division 1—Commission 5 Establishment of Commission 6 Commission authorised to assume functions under the repealed Act Division 2—Regions 7 Regions Division 3—Preserving existing authorisations and rights 8 Preserving existing authorisations and rights Part 4—Planning instruments 9 Planning and Design Code 10 Local heritage 11 Significant trees Part 5—Relevant authorities 12 General transitional scheme for panels 13 Regional assessment panels 14 Assessment managers 15 References 16 Accredited professionals 17 Removal etc of private certifier Part 6—Existing applications 18 Continuation of processes 19 Appeals 20 Major development or projects 21 Crown and infrastructure development 22 Building work Part 7—Development Plans relevant to assessments under this Act 23 Application of Part 24 Complying development 25 Non-complying development 26 Merit development Part 8—Building activity and use 27 Classification and occupation of buildings 28 Swimming pool safety 29 Fire safety Part 9—Infrastructure frameworks Division 1—Pilot schemes may be authorised 30 General schemes Division 2—Operation of schemes during transitional period 31 Operation of schemes during transitional period Part 10—Land management agreements 32 Land management agreements Part 11—Funds 33 Funds Part 12—Proceedings to gain a commercial competitive advantage 34 Proceedings to gain a commercial competitive advantage Part 13—Authorised officers 35 Authorised officers Part 14—Advisory committees 36 Advisory committees Part 15—Other matters 37 Proclamation of open space 38 Metropolitan Adelaide 39 References to applications and approvals 40 Conditions 41 General saving provision 42 General provisions apply 43 Regulations Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Planning, Development and Infrastructure Act 2016. 2—Commencement (1) This Act will come into operation on a day to be fixed by proclamation. (2) Section 7(5) of the Acts Interpretation Act 1915 does not apply to this Act. 3—Interpretation (1) In this Act, unless the contrary intention appears— accredited professional means a person who holds an accreditation under section 88; adjacent land in relation to other land, means land that is no more than 60 metres from the other land; adjoining owner means the owner of land that abuts (either horizontally or vertically) on the land of a building owner; advertisement means an advertisement or sign that is visible from a street, road or public place or by passengers carried on any form of public transport; advertiser in relation to an advertisement, means the person whose goods or services are advertised in the advertisement; advertising hoarding means a structure for the display of an advertisement or advertisements; affected part of a building in relation to which building work is to be carried out means any of the following: (a) the principal pedestrian entrance of the building; (b) any part of the building that is necessary to provide a continuous accessible path of travel from the entrance to the location of the building work; allotment has the same meaning as in Part 19AB of the Real Property Act 1886 and in addition includes a community lot, development lot and common property within the meaning of the Community Titles Act 1996 and a unit and common property within the meaning of the Strata Titles Act 1988; amendment includes an addition, excision or substitution; amenity of a locality or building means any quality, condition or factor that makes, or contributes to making, the locality or building harmonious, pleasant or enjoyable; authorised officer means a person appointed to exercise the powers of an authorised officer under this Act; building means a building or structure or a portion of a building or structure (including any fixtures or fittings which are subject to the provisions of the Building Code), whether temporary or permanent, moveable or immovable, and includes a boat or pontoon permanently moored or fixed to land, or a caravan permanently fixed to land; building certifier—see section 92; Building Code means an edition of the Building Code of Australia published by the Australian Building Codes Board in the National Construction Code series; building consent means a consent granted under section 102(1)(b); building owner means the owner of land on or in relation to which building work is or is to be performed; Building Rules means— (a) the Building Code, as it applies under this Act; and (b) any regulations under this Act that regulate the performance, standard or form of building work; and (c) without limiting paragraph (b), any regulations that relate to designated safety features; and (d) the Ministerial building standards published by the Minister under this Act; building work means work or activity in the nature of— (a) the construction, demolition or removal of a building (including any incidental excavation or filling of land); or (b) any other prescribed work or activity, but does not include any work or activity that is excluded by regulation from the ambit of this definition; business day means any day except— (a) Saturday, Sunday or a public holiday; or (b) any other day which falls between 25 December in any year and 1 January in the following year; character preservation area means the area which constitutes a district within the meaning of a character preservation law; character preservation law means an Act that specifies that it is a character preservation law for the purposes of this Act; Chief Executive means the Chief Executive of the Department and includes a person for the time being acting in that position; Commission means the State Planning Commission established under Part 3 Division 1; Commissioner for Consumer Affairs means the person holding the office of Commissioner for Consumer Affairs and includes a person for the time being acting in that office; Community Engagement Charter—see section 44; construct in relation to a building, includes— (a) to build, rebuild, erect or re‑erect the building; (b) to repair the building; (c) to make alterations to the building; (d) to enlarge or extend the building; (e) to underpin the building; (f) to place or relocate the building on land; council means a council constituted under the Local Government Act 1999; Court means the Environment, Resources and Development Court; Crown means the Crown in right of the State or in any of its other capacities; Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; designated safety features means— (a) in relation to a swimming pool—swimming pool safety features; and (b) in relation to a building—safety features relating to the use or occupation of a building; design standard—see Part 5 Division 2 Subdivision 4; development means— (a) a change in the use of land; or (b) building work; or (c) the division of an allotment; or (d) the construction or alteration (except by the Crown, a council or other public authority (but so as not to derogate from the operation of paragraph (e))) of a road, street or thoroughfare on land (including excavation or other preliminary or associated work); or (e) in relation to a State heritage place—the demolition, removal, conversion, alteration or painting of, or addition to, the place, or any other work that could materially affect the heritage value of the place; or (f) in relation to a local heritage place—any work (including painting) that could materially affect the heritage value of the place (including, in the case of a tree, any tree‑damaging activity) specified by the Planning and Design Code for the purposes of this paragraph (whether in relation to local heritage places generally or in relation to the particular local heritage place); or (g) the external painting of a building within an area specified by the Planning and Design Code for the purposes of this paragraph; or (h) in relation to a regulated tree—any tree‑damaging activity; or (i) the creation of fortifications; or (j) prescribed mining operations on land; or (k) prescribed earthworks (to the extent that any such work or activity is not within the ambit of a preceding paragraph); or (l) an act or activity in relation to land declared by or under the regulations to constitute development, (including development on or under water) but does not include an act or activity that is declared by or under the regulations not to constitute development for the purposes of this Act; development authorisation means any assessment, decision, permission, consent, approval, authorisation or certificate required— (a) by or under this Act; or (b) by or under any other Act prescribed by the regulations for the purposes of this definition; division of an allotment means— (a) the division, subdivision or resubdivision of the allotment (including by community plan under the Community Titles Act 1996 and by strata plan under the Strata Titles Act 1988); or (b) the alteration of the boundaries of an allotment; or (c) the conferral or exercise of a present right to occupy part only of an allotment under a lease or licence, or an agreement for a lease or licence, the term of which exceeds 6 years or such longer term as may be prescribed, or in respect of which a right or option of renewal or extension exists so that the lease, licence or agreement may operate by virtue of renewal or extension for a total period exceeding 6 years or such longer period as may be prescribed, but does not include a lease, licence or agreement of a class excluded from the ambit of this paragraph by the regulations; or (d) the grant or acceptance of a lease or licence, or the making of an agreement for a lease or licence, of a class prescribed by the regulations, and to divide has a corresponding meaning; document means a paper or record of any kind, including a disk, tape or other article from which information is capable of being reproduced (with or without the aid of another article or device); domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; EIS—see subsection (4); Environment Protection Authority means the Environment Protection Authority established under the Environment Protection Act 1993; ERD Committee means the Environment, Resources and Development Committee of the Parliament; ESCOSA means the Essential Services Commission established under the Essential Services Commission Act 2002; essential infrastructure means— (a) infrastructure, equipment, structures, works and other facilities used in or in connection with— (i) the generation of electricity or other forms of energy; or (ii) the distribution or supply of electricity, gas or other forms of energy; and (b) water infrastructure or sewerage infrastructure within the meaning of the Water Industry Act 2012; and (c) transport networks or facilities (including roads, railways, busways, tramways, ports, wharfs, jetties, airports and freight‑handling facilities); and (d) causeways, bridges or culverts; and (e) embankments, walls, channels, drains, drainage holes or other forms of works or earthworks; and (f) testing or monitoring equipment; and (g) coast protection works or facilities associated with sand replenishment; and (h) communications networks; and (i) health, education or community facilities; and (j) police, justice or emergency services facilities; and (k) other infrastructure, equipment, buildings, structures, works or facilities brought within the ambit of this definition by the regulations; fire authority means the South Australian Metropolitan Fire Service or the South Australian Country Fire Service; fortification has the same meaning as in Part 16 of the Summary Offences Act 1953; Greater Adelaide means Greater Adelaide constituted under section 5; joint planning board means a joint planning board constituted under a planning agreement; land means, according to context— (a) land as a physical entity, including land covered with water and including any building on, or fixture to, the land; or (b) any legal estate or interest in, or right in respect of, land; LGA means the Local Government Association of South Australia; liability includes a contingent liability; local government rate means a rate imposed under the Local Government Act 1999; local heritage place means a place that is designated as a place of local heritage by the Planning and Design Code; locality includes a road, street or thoroughfare; Mining Act means— (a) the Mining Act 1971; or (b) the Offshore Minerals Act 2000; or (c) the Opal Mining Act 1995; or (d) the Petroleum and Geothermal Energy Act 2000; or (e) the Petroleum (Submerged Lands) Act 1982; mining production tenement means a lease or licence granted under a Mining Act that is brought within the ambit of this definition by the regulations; owner of land means— (a) if the land is unalienated from the Crown—the Crown; or (b) if the land is alienated from the Crown by grant in fee simple—the owner of the estate in fee simple; or (c) if the land is held from the Crown by lease or licence—the lessee or licensee; or (d) if the land is held from the Crown under an agreement to purchase—the person who has the right to purchase; party wall means a wall built to separate 2 or more buildings or a wall forming part of a building and built on the dividing line between adjoining premises for their common use and includes a common wall for the purposes of the Building Code; Planning and Design Code—see Part 5 Division 2 Subdivision 3; Planning and Development Fund means the Planning and Development Fund continued in existence under this Act; planning agreement means an agreement under Part 3 Division 3; planning consent means a consent granted under section 102(1)(a); planning region means a planning region constituted under section 5; Planning Rules means— (a) the Planning and Design Code; and (b) the design standards that apply under Part 5 Division 2 Subdivision 4; and (c) any other instrument prescribed by the regulations for the purposes of this definition; practice direction means a practice direction issued by the Commission under, or in accordance with, section 42; practice guideline means a practice guideline issued by the Commission under, or in accordance with, section 43; precinct authority means a precinct authority under Part 2B of the Urban Renewal Act 1995; prescribed mining operations means operations carried on in the course of— (a) the recovery of naturally occurring substances (except water) from the earth (whether in solid, liquid or gaseous form); (b) the recovery of minerals by the evaporation of water, but does not include operations carried on in pursuance of any of the Mining Acts; public notice means notice that complies with regulations made for the purposes of this definition; public place includes a street, road, square, reserve, lane, footway, court, alley and thoroughfare which the public are allowed to use (whether formed on private property or not), any public watercourse, and any foreshore; public realm means— (a) parks and other public places; and (b) streetscapes; railway includes— (a) a tramway; and (b) track structures; regional plan—see Part 5 Division 2 Subdivision 2; Registrar‑General includes the Registrar‑General of Deeds; regulated tree means— (a) a tree, or a tree within a class of trees, declared to be regulated by the regulations (whether or not the tree also constitutes a significant tree under the regulations); or (b) a tree declared to be a significant tree, or a tree within a stand of trees declared to be significant trees, under the Planning and Design Code (whether or not the tree is also declared to be a regulated tree, or also falls within a class of trees declared to be regulated trees, by the regulations); relevant authority—see section 82; repealed Act means the Development Act 1993; right includes a right of action; SA planning database—see Part 4 Division 2; SA planning portal—see Part 4 Division 2; significant tree means— (a) a tree declared to be a significant tree, or a tree within a stand of trees declared to be significant trees, under the Planning and Design Code (whether or not the tree is also declared to be a regulated tree, or also falls within a class of trees declared to be regulated trees, by the regulations); or (b) a tree declared to be a regulated tree by the regulations, or a tree within a class of trees declared to be regulated trees by the regulations that, by virtue of the application of prescribed criteria, is to be taken to be a significant tree for the purposes of this Act; South Australian Heritage Council means the South Australian Heritage Council constituted under the Heritage Places Act 1993; special legislative scheme—see section 11; spouse—a person is a spouse of another if they are legally married; the State includes any part of the sea— (a) that is within the limits of the State; or (b) that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth; State heritage place means— (a) a place entered, either on a provisional or permanent basis, in the State Heritage Register; or (b) a place within an area established as a State Heritage Area under the Heritage Places Act 1993; statutory instrument means— (a) a state planning policy; or (b) a regional plan; or (c) the Planning and Design Code; or (d) a design standard; or (e) a practice direction, guideline, standard or specification published by the Commission under this Act; or (f) any other instrument prescribed by the regulations for the purposes of this definition; structure includes a fence or wall; swimming pool means an excavation or structure that is capable of being filled with water and is used primarily for swimming, wading, paddling or the like and includes a bathing or wading pool or spa pool (but not a spa bath); swimming pool safety features means a fence, barrier or other structure or equipment prescribed by the regulations for the purposes of this definition; tree‑damaging activity means— (a) the killing or destruction of a tree; or (b) the removal of a tree; or (c) the severing of branches, limbs, stems or trunk of a tree; or (d) the ringbarking, topping or lopping of a tree; or (e) any other substantial damage to a tree, and includes any other act or activity that causes any of the foregoing to occur but does not include maintenance pruning that is not likely to affect adversely the general health and appearance of a tree or that is excluded by regulation from the ambit of this definition; to undertake development means to commence or proceed with development or to cause, suffer or permit development to be commenced or to proceed. (2) For the purposes of this Act, any plant that is commonly known as a palm will be taken to be a tree. (3) For the purposes of this Act, a stand of trees is a group of trees that form a relatively coherent group by virtue of being the same or a similar species, size, age and structure. (4) A reference in this Act to an EIS is a reference to an environmental impact statement, being a document that includes a detailed description and analysis of a wide range of issues relevant to a development or project and incorporates significant information to assist in an assessment of environmental, social or economic effects associated with the development or project and the means by which those effects can be managed. (5) If at the foot of a section or subsection the words "Additional penalty" appear, those words signify that a person who undertakes development in contravention of, and thus commits an offence against, that section or subsection is liable, in addition to any other penalty prescribed for the offence, to a penalty of an amount not exceeding the cost of the development insofar as it has been undertaken in contravention of that section or subsection. (6) If at the foot of a section or subsection the words "Default penalty" appear, those words signify that, where a person is convicted of an offence against the section or subsection and the offence continues after the date of the conviction, the person is guilty of a further offence against the section or subsection and liable, in addition to any other penalty prescribed for the offence, to a penalty not exceeding the amount of the default penalty for every day the offence continues after the date of the conviction. (7) For the purposes of this Act, a person is an associate of another person if— (a) the other person is a relative of the person or of the person's spouse or domestic partner; or (b) the other person— (i) is a body corporate; and (ii) the person or a relative of the person or of the person's spouse or domestic partner has, or 2 or more such persons together have, a relevant interest or relevant interests in shares of the body corporate the nominal value of which is not less than 10% of the nominal value of the issued share capital of the body corporate; or (c) the other person is a trustee of a trust of which the person, a relative of the person or of the person's spouse or domestic partner or a body corporate referred to in paragraph (b) is a beneficiary; or (d) the person is an associate of the other person within the meaning of the regulations. 4—Change of use of land (1) For the purpose of determining whether a change in the use of land has occurred, the commencement or revival of a particular use of the land will, subject to this section, be regarded as a change in the use of the land if— (a) the use supersedes a previous use of the land; or (b) the commencement of the use or the revival of the use follows on from a period of non‑use; or (c) the use is additional to a previously established use of the land which continues despite the commencement of the new use; or (d) there is an increase in the intensity of the use of the land which is prescribed by the Planning and Design Code as constituting a material increase in use for the purposes of this paragraph. (2) The revival of a use of land after a period of discontinuance will be regarded as the continuation of an existing use unless (subject to subsection (3))— (a) the period intervening between the discontinuance and revival of the use exceeds 12 months; or (b) during the whole or a part of the period intervening between its discontinuance and revival, the use was superseded by some other use. (3) The revival of a use of land after a period of discontinuance will also be regarded as the continuance of an existing use— (a) if the revival of the use is allowed under a principle specified by the Planning and Design Code for the purposes of this subsection; or (b) in circumstances prescribed by the regulations. (4) The resumption of an activity carried out on land (or, if there is more than 1 activity that has been carried out, the most significant activity) after a period of cessation of the activity will also be regarded as a change in the use of land if— (a) the activity, on its resumption, would be inconsistent with a zoning policy that applies in relation to the area where the land is located; and (b) the period intervening between the cessation and the resumption exceeds— (i) 12 months; or (ii) such longer period (not exceeding 5 years) allowed by the Planning and Design Code in the relevant case. (5) Subsection (4) does not apply in circumstances prescribed by the regulations. (6) A change of use within a use class specified in the Planning and Design Code will not be regarded as a change in the use of land under this Act. (7) A change of use specified in the Planning and Design Code as a minor change of use will not be regarded as a change in the use of land under this Act. (8) Without limiting a preceding subsection, a particular use of land will be disregarded if the extent of the use is trifling or insignificant. 5—Planning regions and Greater Adelaide (1) The Governor may, by proclamation made on the recommendation of the Minister— (a) divide the State into planning regions for the purposes of this Act; and (b) define 1 of the planning regions as constituting Greater Adelaide for the purposes of this Act. (2) The first proclamation that constitutes Greater Adelaide for the purposes of this Act must be consistent with Greater Adelaide as defined by the plan deposited in the General Registry Office at Adelaide and numbered G16/2015 (being the plan as it existed on 1 December 2015). (3) The Governor may, by subsequent proclamation made on the recommendation of the Minister— (a) vary the boundaries of— (i) any planning region; or (ii) Greater Adelaide; or (b) abolish a planning region (on the basis that a new division is to occur), other than Greater Adelaide. (4) The Minister must, in formulating a recommendation for the purposes of subsection (1) or (3)— (a) seek to reflect communities of interest at a regional level; and (b) take into account— (i) the boundaries of the areas of councils and other relevant administrative boundaries that apply within the State; and (ii) relevant economic, social and cultural factors; and (iii) relevant environmental factors (including water catchment areas and biogeographical regions); and (c) give attention to the need to achieve effective planning consistent with the objects of this Act, and the delivery of infrastructure, government services and other relevant services, at the regional level. (5) The Minister must, before a proclamation is made under this section— (a) seek the advice of the Commission; and (b) give any council that will be directly affected notice of the proposed proclamation and give consideration to any submission made by such a council within a period (being at least 28 days) specified in the notice, and the Minister may consult in relation to a proposed proclamation with any other person or body as the Minister thinks fit. (6) The Minister must seek advice from the Commission under subsection (5)(a) before proceeding to give notice to a council under subsection (5)(b) and, in giving that notice, must furnish to the council a copy of the Commission's advice. (7) The Minister must ensure that a proclamation under this section is published on the SA planning portal. (8) If the Governor makes a proclamation under subsection (3)(a)(ii)— (a) the Minister must cause a copy of the proclamation to be laid before both Houses of Parliament; and (b) the proclamation cannot take effect unless approved by a resolution passed by both Houses of Parliament. (9) Notice of motion for a resolution under subsection (8) must be given at least 6 sitting days before the motion is passed. (10) A proclamation under this section may define an area (either for the purposes of constituting a planning region or Greater Adelaide) by a plan deposited in the General Registry Office by the Minister (as it exists at a specified date), or in some other way as the Governor thinks fit. 6—Subregions (1) The Minister may, by notice published in the Gazette and on the SA planning portal, establish a subregion within a planning region. (2) The Minister may, by subsequent notice published in the Gazette and on the SA planning portal— (a) vary the boundaries of a subregion; or (b) abolish a subregion. (3) The Minister must, before a notice is published under this section— (a) seek the advice of the Commission; and (b) give any council that will be directly affected notice of the Minister's proposed course of action and give consideration to any submission made by a council within a period (being at least 28 days) specified in the notice, and the Minister may consult in relation to a proposed notice with any other person or body as the Minister thinks fit. (4) The Minister must seek the advice of the Commission under subsection (3)(a) before proceeding to give notice to a council under subsection (3)(b) and, in giving that notice, must furnish to the council a copy of the Commission's advice. (5) A notice under this section may define an area by a plan deposited in the General Registry Office by the Minister (as it exists at a specified date), or in some other way as the Minister thinks fit. 7—Environment and food production areas—Greater Adelaide (1) On the commencement of this section, the environment and food production areas as defined by the plan deposited in the General Registry Office at Adelaide and numbered G17/2015 (being the plan as it existed on 1 December 2015) are established within Greater Adelaide. (2) The Minister must ensure that a copy of the plan referred to in subsection (1) is published on the SA planning portal. (3) In making any decision under this section (following the establishment of the initial environment and food production areas under subsection (1)), the Commission must ensure that areas of rural, landscape, environmental or food production significance within Greater Adelaide are protected from urban encroachment and the Commission may only vary an environment and food production area if the Commission is satisfied— (a) that— (i) an area or areas within Greater Adelaide outside environment and food production areas are unable to support the principle of urban renewal and consolidation of existing urban areas; and (ii) adequate provision cannot be made within Greater Adelaide outside environment and food production areas to accommodate housing and employment growth over the longer term (being at least a 15 year period); or (b) that the variation is trivial in nature and will address a recognised anomaly. (4) If an area of land that is, or is included in, a character preservation area under a character preservation law ceases to be, or to be included in, a character preservation area, the area of land will, at the time of the cessation, by force of this subsection, be taken to be an environment and food production area established under this section. (5) The following provisions will apply in relation to a proposed development in an environment and food production area that involves a division of land that would create 1 or more additional allotments: (a) a relevant authority, other than the Commission or the Minister, must not grant development authorisation to the development unless the Commission concurs in the granting of the authorisation; (b) if the Commission is the relevant authority, the Commission must not grant development authorisation to the development unless the council for the area where the proposed development is situated concurs in the granting of the authorisation; (c) no appeal lies against a refusal by a relevant authority to grant development authorisation to the development or a refusal by the Commission or a council to concur in the granting of such an authorisation; (d) if the proposed development will create additional allotments to be used for residential development, the relevant authority must refuse to grant development authorisation in relation to the proposed development; (e) a development authorisation granted in relation to the proposed development will be taken to be subject to the condition that the additional allotments created will not be used for residential development. (6) In acting under subsection (5)(a), the Commission must take into account the objective that areas of rural, landscape, environmental or food production significance within Greater Adelaide should be protected from urban encroachment. (7) For the avoidance of doubt, the establishment of 1 or more environment and food production areas does not affect the operation of this Act, a Mining Act or any other Act, except as provided in subsection (5). (8) Subject to this section, the Commission may, from time to time, by notice published in the Gazette and on the SA planning portal, vary an environment and food production area (including an environment and food production area established (or taken to be established) under this section). (9) The Commission may only act under subsection (8) if— (a) the Commission has conducted an inquiry into the matter and furnished a report on the outcome of the inquiry to the Minister; or (b) the Commission has conducted a review in accordance with subsection (10) and furnished a report on the outcome of the review to the Minister. (10) The Commission must conduct a review under subsection (9)(b) on a 5 yearly basis. (11) The purpose of a review under subsection (9)(b) is to assess the matters set out in subsection (3)(a). (12) If the Commission publishes a notice under subsection (8), the Minister must, within 6 sitting days after publication of the notice, cause a copy of— (a) the notice; and (b) (at the same time as the notice is laid before Parliament) the report of the Commission under subsection (9)(a) or (b) (as the case requires), to be laid before both Houses of Parliament. (13) If either House of Parliament, acting in pursuance of a notice of motion, passes a resolution disallowing a notice laid before it under subsection (12) the notice cannot take effect. (14) A resolution is not effective for the purposes of subsection (13) unless the resolution is passed within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the notice was laid before the House. (15) If a resolution is passed under subsection (13), notice of that resolution must immediately be published in the Gazette. (16) If or when a notice laid before both Houses of Parliament under subsection (12) can take effect after taking into account the operation of subsections (13) and (14), the Commission may, by notice published on the SA planning portal, fix a day on which the notice will come into operation. (17) A notice under this section may define an area by a plan deposited in the General Registry Office (as it exists at a specified date), or in some other way as the Commission thinks fit. (18) In this section— residential development means development primarily for residential purposes but does not include— (a) the use of land for the purposes of a hotel or motel or to provide any other form of temporary residential accommodation for valuable consideration; or (b) a dwelling for residential purposes on land used primarily for primary production purposes. 8—Application of Act—general provision (1) Subject to this section, this Act applies throughout the State. (2) The regulations may provide— (a) that a specified provision of this Act does not apply, or applies with prescribed variations, to a part of the State specified by the regulations; (b) that a specified provision of this Act does not apply, or applies with prescribed variations, in respect of a particular class of place or development, or in any circumstance or situation (or circumstance or situation of a prescribed class), specified by the regulations, and, subject to any condition to which the regulation is expressed to be subject, the operation of this Act is modified accordingly. 9—Application of Act—Crown This Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the Crown. 10—Interaction with other Acts Except where the contrary intention is expressed in this or any other Act, this Act is in addition to and does not limit or derogate from the provisions of any other Act. 11—Recognition of special legislative schemes For the purposes of this Act, a special legislative scheme is— (a) a character preservation law; or (b) any of the following Acts: (i) the River Murray Act 2003; (ii) the Adelaide Dolphin Sanctuary Act 2005; (iii) the Marine Parks Act 2007; (iv) the Arkaroola Protection Act 2012; or (c) another Act, or a part of another Act, that is— (i) declared by that other Act to be a special legislative scheme for the purposes of this Act; or (ii) declared by the regulations to be a special legislative scheme for the purposes of this Act. Part 2—Objects, planning principles and general responsibilities Division 1—Objects and planning principles 12—Objects of Act (1) The primary object of this Act is to support and enhance the State's liveability and prosperity in ways that are ecologically sustainable and meet the needs and expectations, and reflect the diversity, of the State's communities by creating an effective, efficient and enabling planning system, linked with other laws, that— (a) promotes and facilitates development, and the integrated delivery and management of infrastructure and public spaces and facilities, consistent with planning principles and policies; and (b) provides a scheme for community participation in relation to the initiation and development of planning policies and strategies. (2) In association with the object referred to subsection (1), the scheme established by this Act is intended to— (a) be based on policies, processes and practices that are designed to be simple and easily understood and that provide consistency in interpretation and application; and (b) enable people who use or interact with the planning system to access planning information, and to undertake processes and transactions, by digital means; and (c) promote certainty for people and bodies proposing to undertake development while at the same time providing scope for innovation; and (d) promote high standards for the built environment through an emphasis on design quality in policies, processes and practices, including by providing for policies and principles that support or promote universal design for the benefit of people with differing needs and capabilities; and (e) promote safe and efficient construction through cost‑effective technical requirements that form part of a national scheme of construction rules and product accreditation; and (f) provide financial mechanisms, incentives and value‑capture schemes that support development and that can be used to capitalise on investment opportunities; and (g) promote cooperation, collaboration and policy integration between and among State government agencies and local government bodies. 13—Promotion of objects A person or body involved in the administration of this Act must have regard to, and seek to further, the objects established by this section. 14—Principles of good planning In seeking to further the objects of this Act, regard should be given to the following principles that relate to the planning system established by this Act (insofar as may be reasonably practicable and relevant in the circumstances): (a) long‑term focus principles as follows: (i) policy frameworks should be based around long‑term priorities, be ecologically sound, and seek to promote equity between present and future generations; (ii) policy frameworks should be able to respond to emerging challenges and cumulative impacts identified by monitoring, benchmarking and evaluation programs; (b) urban renewal principles as follows: (i) preference should be given to accommodating expected future growth of cities and towns through the logical consolidation and redevelopment of existing urban areas; (ii) the encroachment of urban areas on areas of rural, landscape or environmental significance is to be avoided other than in exceptional circumstances; (iii) urban renewal should seek to make the best use (as appropriate) of underlying or latent potential associated with land, buildings and infrastructure; (c) high‑quality design principles as follows: (i) development should be designed to reflect local setting and context, to have a distinctive identity that responds to the existing character of its locality, and to strike a balance between built form, infrastructure and public realm; (ii) built form should be durable, designed to be adaptive (including in relation to the reuse of buildings or parts of buildings) and compatible with relevant public realm; (iii) public realm should be designed to be used, accessible, and appropriately landscaped and vegetated; (iv) built form and the public realm should be designed to be inclusive and accessible to people with differing needs and capabilities (including through the serious consideration of universal design practices); (v) cities and towns should be planned and designed to be well‑connected in ways that facilitate the safe, secure and effective movement of people within and through them; (d) activation and liveability principles as follows: (i) planning and design should promote mixed use neighbourhoods and buildings that support diverse economic and social activities; (ii) urban areas should include a range of high quality housing options with an emphasis on living affordability; (iii) neighbourhoods and regions should be planned, designed and developed to support active and healthy lifestyles and to cater for a diverse range of cultural and social activities; (e) sustainability principles as follows: (i) cities and towns should be planned, designed and developed to be sustainable; (ii) particular effort should be focussed on achieving energy efficient urban environments that address the implications of climate change; (iii) policies and practices should promote sustainable resource use, reuse and renewal and minimise the impact of human activities on natural systems that support life and biodiversity; (f) investment facilitation principles as follows: (i) planning and design should be undertaken with a view to strengthening the economic prosperity of the State and facilitating proposals that foster employment growth; (ii) the achievement of good planning outcomes should be facilitated by coordinated approaches that promote public and private investment towards common goals; (g) integrated delivery principles as follows: (i) policies, including those arising outside the planning system, should be coordinated to ensure the efficient and effective achievement of planning outcomes; (ii) planning, design and development should promote integrated transport connections and ensure equitable access to services and amenities; (iii) any upgrade of, or improvement to, infrastructure or public spaces or facilities should be coordinated with related development. Division 2—General duties and coordination of activities 15—General duties (1) It is expected that a person or body that— (a) seeks to obtain an authorisation under this Act; or (b) performs, exercises or discharges a function, power or duty under this Act; or (c) takes the benefit of this Act or is otherwise involved in a process provided by this Act, will— (d) act in a cooperative and constructive way; and (e) be honest and open in interacting with other entities under this Act; and (f) be prepared to find reasonable solutions to issues that affect other interested parties or third parties. (2) Without limiting subsection (1), a person or body performing, exercising or discharging a function, power or duty under this Act must— (a) exercise professional care and diligence; and (b) act honestly and in an impartial manner; and (c) be responsible and accountable in its conduct; and (d) comply with any code of conduct, service benchmark or other requirement that applies in relation to the person or body. (3) The Minister may, after taking into account the advice of the Commission, establish and maintain service benchmarks for the purposes of this section. (4) The principles and benchmarks under this section— (a) do not give rise to substantive rights or liabilities; but (b) may lead to action being taken on account of a breach of a code of conduct or professional standard that applies in relation to a relevant person or body. 16—Responsibility to coordinate activities (1) It is expected that any State or local government body or agency will, in the performance, exercise or discharge of a function, power or duty (including in a case arising under another Act), insofar as may be appropriate and relevant in the circumstances, seek to develop and implement policies that are consistent with the schemes established by this Act and will cooperate with any person or body involved in the administration of this Act. (2) The Commission may, as it thinks fit, furnish to the Minister a report on any failure by a body or agency to comply with the requirements of subsection (1). Part 3—Administration Division 1—State Planning Commission Subdivision 1—Establishment and constitution of Commission 17—Establishment of Commission (1) The State Planning Commission is established. (2) The Commission is a body corporate. (3) The Commission is an instrumentality of the Crown. (4) The Commission is subject to the general control and direction of the Minister. (5) However, the Minister may not give a direction where— (a) the Commission is making or required to make a recommendation; or (b) the Commission is providing or required to provide advice to the Minister; or (c) the Commission is required to give effect to an order of a court; or (d) the Commission has a discretion in relation to the granting of a development authorisation. (6) The Commission must, in the performance of its functions, take into account— (a) a particular government policy; or (b) a particular principle or matter, specified by the Minister (subject to any relevant principle of law). 18—Constitution of Commission (1) Subject to this section, the Commission consists of— (a) at least 4 and not more than 6 persons appointed by the Governor on the nomination of the Minister; and (b) a public sector employee (other than the Chief Executive) who is responsible, under a Minister, for assisting in the administration of this Act, designated by the Minister by notice in the Gazette (ex officio). (2) The Minister must, when nominating persons for appointment as members of the Commission, seek to ensure that, as far as is practicable, the members of the Commission collectively have qualifications, knowledge, expertise and experience in the following areas: (a) economics, commerce or finance; (b) planning, urban design or architecture; (c) development or building construction; (d) the provision of or management of infrastructure or transport systems; (e) social or environmental policy or science; (f) local government, public administration or law. (3) In making a nomination that is relevant to the operation of subsection (2)(f) insofar as it relates to local government, the Minister must take reasonable steps to consult with the LGA before the nomination is made. (4) The Minister will appoint 1 member of the Commission to chair the meetings of the Commission. (5) The Governor may, on the recommendation of the Minister, appoint a suitable person to be a deputy of an appointed member of the Commission and to act as a member of the Commission during any period of absence of the appointed member. 19—Special provision relating to constitution of Commission (1) The Commission may appoint 1 or 2 persons to act as additional members of the Commission for the purposes of dealing with any matter arising under this Act. (2) The following provisions apply in connection with subsection (1): (a) a person appointed under that subsection must be selected from a list of persons established by the Minister for the purposes of that subsection; (b) the Minister should, in establishing the list under paragraph (a), seek to obtain a wide range of expertise relevant to the classes of matters that might (in the opinion of the Minister after consultation with the Commission) be suited to being assessed by the Commission as constituted after an appointment or appointments have been made under that subsection; (c) a person will be appointed to, and remain on, the list under paragraph (a) on terms and conditions determined by the Minister and, at the expiration of a term of appointment, is eligible for reappointment; (d) the Commission must make an appointment or appointments under that subsection in a prescribed case; (e) a person appointed under that subsection is not to be considered to be an appointed member of the Commission under the other sections of this Subdivision. 20—Conditions of membership (1) An appointed member of the Commission is appointed on conditions determined by the Governor on the recommendation of the Minister and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (2) The Governor may, on the recommendation of the Minister, remove an appointed member of the Commission from office— (a) for breach of, or non‑compliance with, a condition of appointment; or (b) for misconduct; or (c) for failure or incapacity to carry out official duties satisfactorily. (3) The office of an appointed member of the Commission be