South Australian Numbered Acts South Australian Numbered ActsSchedule 1—Related amendments and transitional provisions
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Development Act 1993
2—Amendment of section 4—Interpretation
Section 4(1)—after the definition of business day insert:
character preservation law means an Act that specifies that it is a character preservation law for the purposes of this Act;
3—Amendment of section 22—The Planning Strategy
(1) Section 22(3a)—after paragraph (c) insert:
and
(ca) the objects under a character preservation law; and
(2) Section 22—after subsection (3a) insert:
(3aa) Without derogating from subsection (3), the Planning Strategy must incorporate provisions which address any character values of a district recognised under a character preservation law.
(3) Section 22—after subsection (4a) insert:
(4aa) Before making any alterations to the Planning Strategy to incorporate provisions which address any character values of a district recognised under a character preservation law (or to alter any such provisions), the Minister must (in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils (within the meaning of the character preservation law).
4—Amendment of section 23—Development Plans
Section 23—after subsection (5) insert:
(5a) A Development Plan may refer to any relevant statutory provision.
5—Amendment of section 24—Council or Minister may amend a Development Plan
Section 24(1)—after paragraph (fba) insert:
(fbb) where the purpose of the amendment is to promote the objects under a character preservation law—by the Minister; or
6—Amendment of section 34—Determination of relevant authority
Section 34(1)(b)—after subparagraph (ix) insert:
or
(x) the Minister declares, by notice in writing served personally or by post on the proponent, that the Development Assessment Commission should act as the relevant authority in relation to the proposed development in substitution for the council or the regional development assessment panel (as the case may be) because, in the opinion of the Minister, the proposed development may have a significant impact on an aspect of the district within the meaning of a character preservation law,
7—Amendment of section 46—Declaration by Minister
(1) Section 46(3a)—delete subsection (3a) and substitute:
(3a) A declaration under this section cannot apply with respect to a development or project within—
(a) the Adelaide Park Lands; or
(b) a character preservation rural area.
(2) Section 46—after subsection (16) insert:
(17) In this section—
character preservation rural area means an area that is defined as a rural area under a character preservation law.
Part 3—Transitional provisions
The Minister must—
(a) take steps to comply with subsection (3aa) of section 22 of the Development Act 1993 , as enacted by this Act, in relation to the district under this Act within 6 months after the commencement of this clause; and
(b) ensure that any Development Plan under that Act that relates to the district, or part of the district, is reviewed within 6 months after the alterations to the Planning Strategy under paragraph (a) have been made for the purpose of determining whether any amendments should be made to the Development Plans on account of the provisions of the Planning Strategy as altered under paragraph (a) or on account of any other provisions that are relevant to the operation and effect of this Act; and
(c) (in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils in relation to the matters specified in paragraphs (a) and (b).