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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Planning, Development and Infrastructure (Promoting Use
of Vacant Land) Amendment Bill 2017
A BILL FOR
An Act to amend the
Planning,
Development and Infrastructure Act 2016
.
Contents
Part 1—Preliminary
1Short title
2Amendment provisions
Part 2—Amendment of Planning,
Development and Infrastructure Act 2016
3Insertion of section 243A
243ACompulsory lease
over certain land if not developed
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Planning, Development and Infrastructure
(Promoting Use of Vacant Land) Amendment Act 2017.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Planning, Development and Infrastructure
Act 2016
After section 243 insert:
243A—Compulsory lease over certain land if not
developed
(1) If a designated
entity is satisfied that—
(a) the owner of prescribed land is unwilling or unable to undertake
development on, or make use of, the land—
(i) to the extent considered sufficient by the designated authority;
and
(ii) within a period considered appropriate by the designated authority;
and
(b) it is appropriate that the prescribed land be used for a public
purpose; and
(c) the designated entity has taken reasonable steps to negotiate the
acquisition of an interest in the prescribed land on reasonable terms so that
the land may be used for a public purpose (but no agreement has been
reached),
the designated entity may, by notice in the Gazette, declare that the
designated entity holds a lease over the prescribed land (a statutory
lease).
(2) A declaration under
subsection (1)
—
(a) must specify—
(i) the public purpose or purposes for which the land is to be used under
the statutory lease; and
(ii) that the land may only be used for that purpose or those purposes (as
the case requires); and
(b) must (to the extent necessary) make provision in relation to the
indemnification of the owner of the prescribed land by the designated entity in
relation to liability of the designated entity as occupier of the land;
and
(c) must not provide for the payment of rent by the designated entity
under the lease (but nothing in this paragraph prevents the statutory lease from
providing for the designated entity to reimburse the owner of the prescribed
land for rates, taxes, levies, premiums or charges payable by the lessor in
respect of the land); and
(d) must contain such other information or provisions as may be required
by the regulations,
and may specify such other terms and conditions of the statutory lease as
the designated entity thinks fit.
(3) It is a condition of every statutory lease under
subsection (1)
that the owner of the prescribed land to which the lease relates is
entitled to access the land for the purpose of conducting testing or
inspections, or for any other reason that is reasonably required in relation to
the development or sale of the land.
(4) A statutory lease
under
subsection (1)
will cease to have effect on—
(a) the day specified
by a designated entity (being the designated entity that made the declaration)
by notice in the Gazette; or
(b) if no such day is specified—the day determined in accordance
with the scheme set out in the regulations,
and, for the purposes of the law of the State, the designated entity will
be taken to no longer occupy the prescribed land from that day.
(5) Without limiting the circumstances in which a designated entity may
specify a day under
subsection (4)(a)
, a designated entity that holds a statutory lease under
subsection (1)
must specify a day under that paragraph if the designated entity is
satisfied that—
(a) a development authorisation has been granted in respect of the
prescribed land to which the statutory lease relates; and
(b) development will commence on the prescribed land pursuant to the
development authorisation within 3 months of the specified day.
(6) A statutory lease under
subsection (1)
applies according to its terms despite any Act or law to the
contrary.
(7) Before determining an application for a development authorisation
relating to prescribed land that is the subject of a statutory lease under
subsection (1)
, the relevant authority in relation to the application must consult with
the designated entity holding the statutory lease.
(8) No compensation is payable for an act or omission undertaken or made,
or purportedly undertaken or made, by a designated entity or other person in
relation to the exercise or performance, or purported exercise or performance,
of a power or function under this section.
(9) In this section—
designated entity means—
(a) in relation to all land within the State (whether or not the land is
situated within the area of a council)—the Minister; or
(b) in relation to land within the area of a council—the
council;
prescribed land means land that a designated entity is
satisfied is primarily vacant and not being sufficiently used or
developed;
public purpose, in relation to the use of land,
means—
(a) use of land as a public park, playground or for the purposes of
recreation or sport; or
(b) any other purpose declared by the Minister, by notice in the Gazette,
to be a public purpose.