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Planning, Development and Infrastructure Act 2016

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Insights | Commencement of the Planning, Development and Infrastructure Act and Statutes Amendment

APRIL 2017

  • State Planning Commission
  • Environment and Food Production Areas
  • Community Engagement Charter Preparation

On 28 March 2017 the Governor made various proclamations under the Planning, Development and Infrastructure Act 2016 (PDI Act) and the Statutes Amendment (Planning, Development and Infrastructure) Act 2017 (Transitional Act).

The proclamations related to the commencement of parts of both Acts on 1 April 2017.

In addition general and transitional regulations commenced on 1 April 2017.

There are large parts of the PDI Act and Transitional Act which are suspended at this stage. It is proposed that provisions will be implemented in stages over a period of time, up to the end of 2019.

Important aspects of the PDI Act which have now commenced are:

  • the objects and principles of the Act;
  • establishment of the State Planning Commission (SPC) and advisory committees;
  • commencement of Environment and Food Production Areas – Greater Adelaide, particularly relevant for land divisions;
  • joint planning agreements, to enable councils to commence work on, and potentially establish joint planning boards;
  • establishment of the SA planning portal, though provisions relating to the on-line database, atlas and searching are suspended;
  • drafting of the Community Engagement Charter by the SPC;
  • provisions to allow for commencement of basic infrastructure schemes by Ministerial declaration, although general scheme provisions are suspended;
  • other administrative provisions to enable these actions to occur.

Planning instruments, relevant authorities (other than SPC replacing the Development Assessment Commission) and development assessment remain suspended at this stage, along with various other sections.

The Minister’s road map, available on the SA planning portal, indicates that provisions relating to assessment managers and assessment panels are expected to commence in mid 2017. The Minister’s road map can be downloaded here.

Planning professionals should keep an eye open for gazettals relating to commencement of additional legislative provisions and regulations.

Should you require any further detailed advice or training as to any of the changes, please feel free to contact us.

Disclaimer

The content of this newsletter is for general information purposes only and should in no way be treated as formal legal advice.