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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Development (Development Plan Amendments) Amendment
Bill 2013
A BILL FOR
An Act to amend the Development
Act 1993.
Contents
Part 1—Preliminary
1Short title
2Amendment
provisions
Part 2—Amendment of Development
Act 1993
3Amendment of section 25—Amendments by
a council
4Amendment of section 26—Amendments by
the Minister
5Amendment of section 27—Parliamentary
scrutiny
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Development (Development Plan Amendments)
Amendment Act 2013.
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 Development
Act 1993
3—Amendment
of section 25—Amendments by a council
(1) Section 25(18)—delete subsection (18) and
substitute:
(18) An approval under subsection (15) will take effect subject to
the operation of section 27.
(2) Section 25—after subsection (23) insert:
(24) The Advisory Committee must, within 2 weeks after furnishing any
advice to the Minister for the purposes of this section—
(a) publish a copy of that advice on a website determined by the Advisory
Committee; and
(b) make the advice available for public inspection.
4—Amendment
of section 26—Amendments by the Minister
(1) Section 26(5d)—delete subsection (5d) and
substitute:
(5d) The preceding subsections operate subject to the following
qualifications and provisions:
(a) if a council that has a direct interest in the DPA makes a request
under this provision—the Advisory Committee must convene any meeting held
for the purposes of subsection (5c)(b);
(b) the Advisory Committee may, on its own initiative or at the request of
a council that has a direct interest in the DPA, invite members of the public to
make submissions to the Advisory Committee (including by
attending 1 or more meetings held by the Advisory Committee) about the
DPA (in addition to any other public consultation that may be conducted under
this section).
(2) Section 26(7)—delete subsection (7)
(3) Section 26—after subsection (7a) insert:
(7b) At the conclusion
of the public consultation required above, the Minister must—
(a) seek the advice of the Advisory Committee—
(i) on any submissions received under subsections (5) to (7a)
(inclusive); and
(ii) on any proposed alterations to the amendment; and
(b) arrange for the
Advisory Committee to prepare a report on the matters that have been raised and
the Advisory Committee's advice to the Minister in relation to these matters and
the DPA more generally; and
(c) refrain from proceeding under subsection (8) until the report
required under
paragraph (b) has
been furnished to the Minister.
(7c) In addition to the requirements of
subsection (7b), the
Minister may seek the advice of the Advisory Committee on any other issue that
should, in the opinion of the Minister, be referred to the Advisory
Committee.
(4) Section 26(10)—delete subsection (10) and
substitute:
(10) An approval under subsection (8) will take effect subject to the
operation of section 27.
(5) Section 26—after subsection (12) insert:
(13) The Advisory
Committee must, within 2 weeks after furnishing any advice or report to the
Minister for the purposes of this section—
(a) publish a copy of that advice or report on a website determined by the
Advisory Committee; and
(b) make the advice or report available for public inspection.
(14) The Advisory Committee must also, by notice in writing, inform each
person who has made a written representation or submission under
subsection (5c), (6) or (7a) of the publication of a report under
subsection (13)
(including by providing details of the website and the place where the report
may be inspected).
5—Amendment
of section 27—Parliamentary scrutiny
(1) Section 27(2)—delete subsection (2)
(2) Section 27—after subsection (6) insert:
(6a) If—
(a) —
(i) the Environment, Resources and Development Committee resolves that it
does not object to an amendment under subsection (3)(a) or (5)(b);
or
(ii) the Committee is taken not to object to an amendment under
subsection (4); or
(iii) the Minister proceeds under subsection (5)(a); and
(b) the amendment has not been brought into operation under
section 28,
the Minister may then, by notice in the Gazette, fix a day on which the
amendment, as approved by the Minister under this Act (and, if relevant, as
amended) will come into operation (and the relevant Development Plan will then
be taken, from that day, to be amended in the manner set out in the
amendment).
(3) Section 27(8)—delete subsection (8) and
substitute:
(8) If either House of Parliament passes a resolution disallowing an
amendment laid before it under subsection (7)—
(a) if the amendment has come into operation under
section 28—the amendment ceases to have effect and the Development
Plan will, from that time, apply as if it had not been amended by that
amendment;
(b) if the amendment has not come into operation—the amendment
cannot take effect (unless the amendment becomes, in due course, the subject of
a new process under section 25 or 26 (as the case may be) and the
amendment then takes effect under this subdivision as it applies with respect to
that amendment under that process).
(4) Section 27—after subsection (10) insert:
(11) If—
(a) an amendment is laid before both Houses of Parliament under this
section but—
(i) no motion for disallowance is given within the time prescribed by
subsection (9); or
(ii) any notice or motion that may be relevant has been withdrawn or
defeated, or has lapsed (as the case may be); and
(b) the amendment has not been brought into operation under
section 28,
the Minister may then, by notice in the Gazette, fix a day on which the
amendment, as approved by the Minister under this Act, will come into operation
(and the relevant Development Plan will then be taken, from that day, to be
amended in the manner set out in the amendment).