South Australian Current Acts South Australian Current Acts122—Strategic management plans
(1) A council must
develop and adopt plans (which may take various forms) for the management of
its
area, to be called collectively the "strategic management plans", which—
(a)
identify the council's objectives for the area over a period of at
least 4 years (the "relevant period"), and provide a clear indication
of—
(i)
the extent to which the council has participated with
other councils, and with State and national governments, in setting public
policy objectives, and the extent to which the council's objectives are
related to regional, State and national objectives; and
(ii)
the extent to which the council has given consideration
to regional, State and national objectives and strategies which are relevant
to the economic, social, physical and environmental development and management
of its area; and
(iii)
the extent to which the council intends to co-ordinate
with State and national governments and councils or other regional bodies in
the planning and delivery of services in which there is a common interest; and
(ab)
provide assessments that relate to the following matters (with particular
reference to the relevant period):
(i)
the sustainability of the council's financial performance
and position; and
(ii)
the extent or levels of services that will be required to
be provided by the council to achieve its objectives; and
(iii)
the extent to which any infrastructure will need to be
maintained, replaced or developed by the council; and
(iv)
anticipated changes in its area with respect to—
(A) real property development; and
(B) demographic characteristics of its
community to the extent that is reasonable taking into account the
availability of appropriate and accurate data; and
(v)
the council's proposals with respect to debt levels; and
(vi)
any anticipated or predicted changes in any factors that
make a significant contribution to the costs of the council's activities or
operations; and
(b)
identify the principal activities that the council intends to undertake to
achieve its objectives; and
(d)
state the measures (financial and non-financial) that are to be used to
monitor and assess the performance of the council against its objectives over
the relevant period; and
(e)
identify the means by which its activities are to be carried out and its
objectives achieved; and
(g)
address issues associated with arranging its affairs so as to separate its
regulatory activities from its other activities, so far as this is reasonable
to do so; and
(h) make
provision for the regular review of the charters, activities and plans of any
subsidiary of the council.
(1a) A council must,
in conjunction with the plans required under subsection (1), develop and
adopt—
(a) a
long-term financial plan that relates to a period of at least 10 years
and includes a funding plan that—
(i)
outlines the council's approach to funding services and
infrastructure of the council; and
(ii)
sets out the council's projected total revenue for the
period to which the long-term financial plan relates; and
(iii)
outlines the intended sources of that total revenue (such
as revenue from rates, grants and other fees and charges); and
(b) an
infrastructure and asset management plan, relating to the management and
development of infrastructure and major assets by the council for a period of
at least 10 years,
(and these plans will also be taken to form part of the council's strategic
management plans).
(1b) The financial
projections in a long-term financial plan adopted by a council must be
consistent with those in the infrastructure and asset management plan adopted
by the council.
(1c) A council must,
once in every prescribed period (which must be not less than a period of
3 years), in accordance with a determination of the designated authority,
provide information relating to its long-term financial plan and
infrastructure and asset management plan to the designated authority in
accordance with subsection (1e).
(1d) For the purposes
of subsection (1c), the designated authority may determine a schedule
relating to each prescribed period that requires different councils to provide
information in different financial years of that period (and the financial
year in which a particular council is required to provide information
according to the schedule is the "relevant financial year" for that council).
(1e) A council must,
on or before 30 September in the relevant financial year for the council,
provide to the designated authority all relevant information on the
following matters (the "relevant matters") in accordance with guidelines
determined by the designated authority (if any):
(a)
material amendments made or proposed to be made to the council's long-term
financial plan and infrastructure and asset management plan and the council's
reasons for those amendments;
(b)
revenue sources outlined in the funding plan referred to in
subsection (1a)(a);
(c) any
other matter prescribed by the regulations.
(1f) Following the
provision of information by a council under subsection (1e), the
designated authority, on or before 28 February in the
relevant financial year for the council—
(a) must
provide advice to the council on the appropriateness of the relevant matters
in the context of the council's long-term financial plan and infrastructure
and asset management plan; and
(b) may,
if the designated authority considers it appropriate having regard to the
circumstances of a particular council, provide advice in relation to any other
aspect of the council's long-term financial plan and infrastructure and asset
management plan.
(1g) In providing
advice under this section, the designated authority—
(a) must
have regard to the following objectives:
(i)
the objective of councils maintaining and implementing
long-term financial plans and infrastructure and asset management plans;
(ii)
the objective of ensuring that the financial
contributions proposed to be made by ratepayers under the council's long-term
financial plan and infrastructure and asset management plan are appropriate
and any material amendments made or proposed to be made to these plans by the
council are appropriate; and
(b) may
have regard to any information or matter the designated authority considers
relevant (whether or not such information or matter falls within the ambit of
subsection (1e)).
(1h) A council must
ensure that the advice provided by the designated authority under this
section, and any response of the council to that advice, is published in its
annual business plan (both the draft and adopted annual business plan) in the
relevant financial year and each subsequent financial year (until the next
relevant financial year for that council).
(1i) For the purposes
of the preceding provisions, the designated authority must publish the
following:
(a)
advice provided to a council under this section;
(b) the
schedule determined under subsection (1d);
(c) any
guidelines determined under subsection (1e).
(1j) The
designated authority may, by written notice, require a council to give the
designated authority, within a time and in a manner stated in the notice
(which must be reasonable), information in the council's possession that the
designated authority reasonably requires for the performance of the
designated authority's functions under this section.
(1k) The
designated authority may recover from a council (as a debt due from the
council) the costs reasonably incurred by the designated authority in
performing its functions under this section in relation to the council.
(2) Strategic
management plans—
(a)
should—
(i)
address the strategic planning issues within the area of
the council, with particular reference to (and in a manner consistent with)
any relevant state planning policy or regional plan under the
Planning, Development and Infrastructure Act 2016 ; and
(ii)
set out the council's priorities for the implementation
of planning policies; and
(b)
should (as far as practicable) be consistent with the Planning and Design Code
under the Planning, Development and Infrastructure Act 2016 , other than
where the council is proposing amendments to the Planning and Design Code and
the Minister to whom the administration of that Act is committed has agreed to
the implementation of a program to review and amend the relevant provisions of
the Code; and
(c)
should (as far as practicable) be consistent with any relevant statutory
policy or plan (not referred to above).
(3) In addition to the
requirements of subsection (2), a council must, in formulating its
strategic management plans, have regard to—
(a) the
council's roles and responsibilities under this or any other Act; and
(b) the
council's objectives for its area.
(3a) The regulations
may prescribe additional requirements with respect to
strategic management plans.
(4) A council may
review its strategic management plans under this section at any time but
must—
(i)
its long-term financial plan; and
(ii)
any other elements of its strategic management plans
prescribed by the regulations for the purposes of this paragraph,
on an annual basis; and
(b) in
any event, undertake a comprehensive review of its strategic management plans
within 2 years after each general election of the council.
(4a) A council must,
for the purposes of a review under subsection (4), take into
account—
(a) in
relation to a review under subsection (4)(a)(i)—a report from the
chief executive officer on the sustainability of the council's long-term
financial performance and position taking into account the provisions of the
council's annual business plan and strategic management plans; and
(b)
insofar as may be relevant—any other material prescribed by the
regulations.
(4b) A report from a
chief executive officer under subsection (4a) must—
(a)
address any matters required by the Minister; and
(b) be
published in a manner and form, and in accordance with any other requirements,
determined by the Minister.
(5) A council may
amend its strategic management plans or adopt new plans.
(6) A council must
adopt a process or processes to ensure that members of the public are given a
reasonable opportunity to be involved in the development and review of its
strategic management plans (but nothing in this subsection is to be taken to
limit subsection (5)).
(8) A council must,
for the purposes of this section, specifically declare which plans will
constitute the strategic management plans of the council.
(9) In this
section—
"designated authority" means—
(a) if a
person or body is prescribed by the regulations for the purposes of this
definition—that person or body; or
(b) if a
person or body is not prescribed under paragraph (a)—the Essential
Services Commission established under the
Essential Services Commission Act 2002 .
(10) The Minister must
consult with the LGA before regulations are made prescribing a person or body
as the designated authority.