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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Character Preservation (Barossa Valley)
Bill 2012
A BILL FOR
An Act to provide measures to protect and enhance the special character of
the Barossa Valley region; and for other purposes.
Contents
1Short title
2Commencement
3Interpretation
4Interaction with other
Acts
5Objects
6Character values of
district
7Major project provisions not to apply
8Limitations
on land division in district
9Power to require information
10Review of
Act
11Regulations
Schedule 1—Transitional
provisions
1Transitional provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Character Preservation (Barossa Valley)
Act 2012.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention appears—
designated area means an area marked as a designated area in
the plan deposited in the General Registry Office at Adelaide and numbered
GP 4 of 2012 (being the plan as it exists on the prescribed
day);
development authorisation has the same meaning as in the
Development
Act 1993;
district means the area defined as the Barossa Valley
district by the plan deposited in the General Registry Office at Adelaide and
numbered GP 4 of 2012 (being the plan as it exists on the prescribed
day) but does not include the areas marked as townships on the deposited
plan;
Planning Strategy means the Planning Strategy under the Development
Act 1993;
prescribed day means the day on which this Act was introduced
into the House of Assembly;
relevant authority, in relation to a proposed development,
means the body determined to be the relevant authority under the
Development
Act 1993 or a provision of this Act for the purpose of an
application made under the Development
Act 1993 in relation to the proposed development;
residential development means development of dwellings to be
used primarily for residential purposes but does not include 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;
township means an area marked as a township in the plan
deposited in the General Registry Office at Adelaide and numbered GP 4
of 2012 (being the plan as it exists on the prescribed day).
(2) A reference in this Act to the special character of the
district is a reference to the identity and characteristics of the district,
having regard to any relevant provisions of the Planning Strategy and the
character values of the district.
(1) 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.
(2) For the purposes of the Development
Act 1993, this Act is a character preservation law.
(1) The objects of this Act are—
(a) to recognise, protect and enhance the special character of the
district while at the same time providing for the economic, social and physical
well being of the community; and
(b) to ensure that activities that are unacceptable in view of their
adverse effects on the special character of the district are prevented from
proceeding; and
(c) to ensure that future development does not detract from the special
character of the district; and
(d) otherwise to ensure the preservation of the special character of the
district.
(2) A person or body involved in the administration of an Act must, in
exercising powers and functions in relation to the district, have regard to and
seek to further the objects of this Act.
6—Character
values of district
(1) The following character values of the district are
recognised:
(a) the rural landscape and visual amenity of the district;
(b) the heritage attributes of the district;
(c) the built form of the townships as they relate to the
district;
(d) the viticultural, agricultural and associated industries of the
district;
(e) the scenic and tourism attributes of the district.
(2) The character values of the district are relevant to—
(a) assessing the special character of the district; and
(b) the policies to be developed and applied under the Planning Strategy
and any Development Plan under the Development
Act 1993 that relates to the district or a township under this
Act.
7—Major
project provisions not to apply
Part 4 Division 2 of the Development
Act 1993 does not apply in relation to developments or projects in
the district.
8—Limitations
on land division in district
(1) This section applies to a proposed development in the district that
involves the division of land under the Development
Act 1993.
(2) The Development
Assessment Commission is the relevant authority for the purpose of an
application made under the Development
Act 1993 after the commencement of this section in relation to a
proposed development to which this section applies.
(3) If a proposed
development to which this section applies—
(a) is located in a part of the district other than a designated area;
and
(b) will create additional allotments to be used, wholly or partly, for
residential development,
the relevant authority must refuse to grant development authorisation in
relation to the proposed development (if the application for the development
authorisation for the division of the land was made after the commencement of
this section).
(4) If the relevant authority determines an application in respect of a
development authorisation on the basis of
subsection (3), the
relevant authority must notify the applicant of that fact.
(5) If a proposed development to which this section
applies—
(a) is located within a designated area; and
(b) will create additional allotments to be used, wholly or partly, for
residential development,
the provisions of the relevant Development Plan relating to the minimum
size of allotments that are in force on the prescribed day (after the
commencement of the operation of any amendments to that Development Plan that
are made on that day) will apply in relation to the proposed development (if the
application for the division of land was made after the commencement of this
section) and, in so applying, this subsection will prevail despite any
subsequent amendment of the Development Plan (to the extent of any
inconsistency) and despite section 53(2) of the Development
Act 1993.
(6) A development authorisation granted in relation to a proposed
development to which this section applies (other than within a designated area)
will be taken to be subject to the condition that the additional allotments
created will not be used for residential development (if the application for the
development authorisation for the division of land was made after the
commencement of this section).
9—Power
to require information
(1) A person or body involved in the administration of an Act (the
relevant Act) may, by notice in writing to—
(a) an applicant for a statutory authorisation under the relevant Act that
relates to, or would otherwise affect, the district; or
(b) a government or local government authority,
request that specified information be provided to the person or body to
enable the person or body to consider any matter relevant to the obligations
imposed on the person or body under this Act (and the applicant or authority of
whom the request is made must not, without reasonable excuse, fail to comply
with a request under this section).
(2) In this section—
statutory authorisation means an approval, consent, licence,
permit or other authorisation granted or required under an Act.
(1) The Minister must, within 5 years after the commencement of this
Act, undertake a review of this Act.
(2) The review must include an assessment of the state of the district,
especially taking into account the objects of this Act and any relevant
provisions of the Planning Strategy and may include other matters determined by
the Minister to be relevant to a review of this Act.
(3) The Minister must cause a report on the outcome of the review to be
tabled in both Houses of Parliament within 12 sitting days after its
completion.
(1) The Governor
may make such regulations as are contemplated by, or necessary or expedient for
the purposes of, this Act.
(2) Without limiting the generality of
subsection (1),
those regulations may—
(a) prohibit or
restrict the undertaking of a specified activity, or an activity of a specified
class, in the district, or in a specified part of the district (despite any
other Act or law); and
(b) provide that a
person undertaking a specified activity, or an activity of a specified class, or
proposing to undertake a specified activity, or an activity of a specified
class, in the district, or in a specified part of the district, comply with any
prescribed requirement or condition (despite any other Act or law);
and
(c) prescribe fines, not exceeding $10 000, for offences against the
regulations.
(3) The regulations may—
(a) be of general application or vary in their application according to
prescribed factors;
(b) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister or any
other person or body.
Schedule 1—Transitional
provisions
The Minister responsible for the administration of the Development
Act 1993 must—
(a) take steps to
comply with subsection (3aa) of section 22 of that 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 a township, or part of the district or a township, 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.