[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Housing and Urban Development (Administrative
Arrangements) (Urban Renewal) Amendment Bill 2013
A BILL FOR
An Act to amend the Housing
and Urban Development (Administrative Arrangements) Act 1995; and
to make related amendments to the Development
Act 1993.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Housing and Urban
Development (Administrative Arrangements) Act 1995
4Amendment
of long title
5Amendment of section 1—Short
title
6Amendment of section
3—Interpretation
7Amendment of section
5—Functions
8Insertion of Parts 2A and 2B
Part 2A—Urban Renewal
Authority
7AUrban Renewal
Authority
7BBoard of
management
7CFunctions of
URA
7DSpecific power
of URA
7EApplication
of provisions of Public Corporations Act 1993 to
URA
7FAssociated
matters
Part 2B—Urban
Renewal
7GPreliminary
7HEstablishment of
precincts
7IPrecinct
plans
7JCertain
matters to apply for the purposes of the Development
Act 1993
7KPrecinct authority may be authorised to exercise
specified powers
7LGovernor may grant concession or make variation in
relation to taxes etc on land within precinct
7MCouncil by-laws to be consistent with precinct
plan
9Amendment of section 23—Transfer of
property etc
Schedule 1—Related amendments and
transitional provision
Part 1—Amendment of
Development Act 1993
1Amendment of section 29—Certain
amendments may be made without formal procedures
2Amendment of section
34—Determination of relevant authority
Part 2—Transitional
provision
3Transitional provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Housing and Urban Development
(Administrative Arrangements) (Urban Renewal) Amendment
Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
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 Housing and Urban Development (Administrative
Arrangements) Act 1995
Long title—after "Act" insert:
to provide for the planning and redevelopment of specified areas within the
State;
5—Amendment
of section 1—Short title
Section 1—delete "Housing and Urban Development
(Administrative Arrangements)" and insert:
Urban Renewal
6—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of board
insert:
council means a council within the meaning of the Local
Government Act 1999;
(2) Section 3(1)—after the definition of Minister
insert:
precinct means an area established as a precinct under
Part 2B;
(3) Section 3(1)—after the definition of statutory
corporation insert:
URA means the Urban Renewal Authority continued in existence
under this Act.
7—Amendment
of section 5—Functions
Section 5—before paragraph (a) insert:
(aa) to establish precincts for the purposes of urban renewal or
redevelopment, and to promote efficient planning and project facilitation in
relation to those precincts;
8—Insertion
of Parts 2A and 2B
After Part 2 insert:
Part 2A—Urban Renewal
Authority
7A—Urban Renewal Authority
(1) The Urban Renewal Authority established as a statutory corporation
under Part 3 of this Act continues as a statutory corporation constituted
by these provisions.
(2) The URA—
(a) continues as a body corporate; and
(b) subject to a limitation imposed by or under an Act, has all the powers
of a natural person together with the powers conferred on it by or under this
Act or other Acts.
(3) Part 3, other than section 8, applies to the URA.
7B—Board of management
The board of management of the URA will be constituted of
7 persons.
7C—Functions of URA
(1) The functions
of the URA are as follows:
(a) to initiate, undertake, support and promote residential, commercial
and industrial development in the public interest, particularly for urban
renewal purposes, including by—
(i) acquiring, assembling and using land and other assets in strategic
locations, including in areas identified for urban renewal; and
(ii) promoting community understanding of, and support for, urban renewal
by working with government agencies, local government, community groups and
organisations involved in development, in the development or redevelopment of
land; and
(iii) undertaking preliminary works (including remediation of land) to
prepare land for development and other functions such as planning and
co-ordination for the purposes of such development;
(b) to encourage, facilitate and support public and private sector
investment and participation in the development of the State, including by
performing its functions to facilitate development that is attractive to
potential investors;
(c) to acquire,
hold, manage, lease and dispose of land, improvements and property, including
land and housing formerly held under the South
Australian Housing Trust Act 1995 transferred to the URA,
particularly with a view to—
(i) reducing social disadvantage within the community through urban
renewal, including the renewal of public housing by promoting, facilitating or
undertaking—
(A) the creation of a mixture of public and private housing in particular
locations; and
(B) an increase in the supply of affordable housing and community housing;
and
(ii) managing projects involving the development of land and housing,
including for urban renewal purposes (on its own behalf or on behalf of other
agencies or instrumentalities of the Crown); and
(iii) managing the orderly development of areas through the management and
release of land, including areas of undeveloped or under developed land, as
appropriate; and
(iv) holding land and other property to be made available, as appropriate,
for commercial, industrial, residential or other purposes;
(d) to act as a landlord in relation to public housing and for this
purpose the functions of the URA include the functions that are the same as the
functions of SAHT in Part 2 Division 1 of the South
Australian Housing Trust Act 1995 (but nothing in this paragraph
prevents the URA from delegating any such function to SAHT);
(e) to carry out the functions formerly carried out by the Land Management
Corporation established under the (revoked) Public
Corporations (Land Management Corporation)
Regulations 1997;
(f) to support the undertaking of development that is consistent with
achieving its other functions and the outcomes that apply under this section,
including by participating in the scheme established by section 37 of the
Development
Act 1993 (to the extent prescribed by regulations under that
section);
(g) to carry out other functions conferred on the URA by the
Minister.
(2) Despite section 21(2), the URA may carry out its functions alone,
or in a trust scheme, partnership, joint venture, or any other scheme or
arrangement for the sharing of profits established in accordance with this
Act.
7D—Specific power of URA
In addition to the powers conferred on the URA under this Act, the URA may,
in relation to acting as a landlord in relation to public housing, exercise any
power that is the same as a power of SAHT in Part 2 Division 1 of the
South
Australian Housing Trust Act 1995 (but nothing in this paragraph
prevents the URA from delegating any such power to SAHT).
7E—Application of provisions of Public
Corporations Act 1993 to URA
Sections 8 to 10 and Part 3 of the Public
Corporations Act 1993 apply to the URA.
7F—Associated matters
The URA should, so far as is reasonably practicable, ensure that its
activities are—
(a) co-ordinated with the activities of other public authorities;
and
(b) consistent with the planning of a desirable physical and social
environment; and
(c) conducive to the enhancement of the physical or social development
objectives of the Government.
Part 2B—Urban Renewal
7G—Preliminary
In this Part—
Development Assessment Commission means the Development
Assessment Commission established under the
Development
Act 1993;
Planning Minister means the Minister to whom the
administration of the
Development
Act 1993 is committed;
precinct authority, in relation to a precinct, means the
precinct authority appointed by the Minister under this Part;
precinct plan means a precinct master plan or precinct
implementation plan for a precinct established under this Part.
7H—Establishment of precincts
(1) The Minister may,
on his or her own initiative or at the request of a council or other person or
body, by notice in the Gazette, establish a specified area of land as a precinct
if the Minister is satisfied that to do so will facilitate—
(a) the development of the area for the purposes of urban renewal;
or
(b) the provision of land suitable for commercial, industrial or
residential purposes close to public transport; or
(c) the establishment of new industries; or
(d) other planning and development outcomes for the renewal or
redevelopment of a distinct area that promotes the purposes of the Planning
Strategy.
(2) Before publishing a
notice under
subsection (1), the
Minister must, within a period specified by the Minister—
(a) consult with and
have regard to the views of—
(i) the Planning
Minister; and
(ii) any council within the area of the proposed precinct; and
(b) consider the extent to which the establishment of the precinct is
consistent with the Planning Strategy.
(3) The Planning Minister may, during the consultation period, consult
with the Development Policy Advisory Committee established under the Development
Act 1993.
(4) A notice under
subsection (1)
must—
(a) assign a name to the precinct; and
(b) specify the
objectives of the precinct being matters—
(i) that are of importance to the planning and redevelopment of the
precinct; and
(ii) that must be taken into account in the planning process for the
precinct under this Part; and
(c) appoint the URA,
another statutory corporation constituted under this Act, or a council to be the
precinct authority for the precinct.
(5) The Minister may, in relation to the objectives referred to in
subsection (4)(b),
refer the matter to the Development Assessment Commission for the Development
Assessment Commission to provide advice on relevant planning, development and
assessment issues in the precinct.
(6) In providing advice, the Development Assessment Commission must take
into account—
(a) the character of the precinct and adjacent areas; and
(b) the potential social, economic and environmental impacts of the
proposed redevelopment of the precinct; and
(c) the resilience of the environment to cope with urban renewal within
the precinct; and
(d) the degree of confidence in the prediction of impacts resulting from
the proposed redevelopment of the precinct; and
(e) the extent to which undesirable impacts which may occur are likely to
be irreversible; and
(f) the extent to which impacts, and requirements for monitoring and
assessing impacts, will be ongoing; and
(g) the presence of other statutory assessment or policy frameworks which
provide other procedures or processes to address any issues of
concern.
(7) The Development
Assessment Commission must submit to the Minister a report setting out its
advice within the time specified by the Minister.
(8) The Minister must, on the receipt of a report under
subsection (7)—
(a) give a copy of the report to the precinct authority; and
(b) ensure that copies of the report are reasonably available for
inspection (without charge) and purchase by the public at places determined by
the Minister.
(9) The precinct
authority may, and must at the direction of the Minister,
establish 1 or more of the following panels in relation to a
precinct:
(a) a design review panel to provide advice to the authority in relation
to—
(i) design elements (in both public and private areas in the precinct)
relating to all aspects of planning and development within the precinct;
and
(ii) relevant design issues that arise in the planning and development of
the precinct; and
(iii) practices and procedures that should be adopted in order to promote
the use of innovative design solutions to planning and development issues that
arise within the precinct (whether due to the nature of the natural or
constructed environment within the precinct or for any other reason);
and
(iv) any other matter relating to design within the precinct;
(b) a community reference panel comprising representatives of persons who
live in or around the precinct to provide advice to the authority in relation to
the views of such persons in relation to the plans for the precinct;
(c) any other panel considered appropriate (by the precinct authority or
the Minister (as the case may be)) to provide advice relating to planning and
development within the precinct.
(10) The precinct authority must comply with any requirements of the
Minister in relation to—
(a) the composition of a panel under this section; and
(b) the manner in which consultation with the community relating to a
precinct should be conducted; and
(c) the manner in which a panel under this section may assist in such
consultation.
(11) A person authorised in writing by a council within the area of a
precinct may attend (but not participate in) any meeting of a panel under this
section and may have access to papers provided to members of the panel for the
purposes of the meeting.
(12) If the panel considers that a matter dealt with at a meeting attended
by a representative of a council should be treated for any reason as
confidential, the panel may advise the council of that opinion, giving the
reason for the opinion, and the council must treat the matter as
confidential.
(13) Subject to
subsection (14), the
Minister may, in accordance with the same procedures that apply to the
establishment of a precinct under this section—
(b) revoke,
a notice under
subsection (1).
(14)
Subsection (13)(a)
does not apply with respect to a variation in order to take action which, in the
opinion of the Minister, is—
(a) minor in nature and has no, or no significant, substantive effect;
or
(b) correcting an error.
7I—Precinct plans
(1) The precinct authority must prepare and maintain a precinct master
plan and precinct implementation plans for a precinct established under this
Part.
(2) A precinct master plan should seek to promote the provisions of the
Planning Strategy and may—
(a) set out principles and policies for achieving the objectives specified
by the Minister in establishing the precinct; and
(b) set out the spatial structure of the precinct and how the precinct is
to be integrated with surrounding areas; and
(c) make provision with respect to the mix of land uses and scale of
development intended for the precinct; and
(d) identify—
(i) existing critical infrastructure within the precinct; and
(ii) relevant infrastructure works required in the precinct for the
purposes of urban renewal; and
(e) address, adopt or incorporate any other matter specified by the
Minister.
(3) A precinct implementation plan—
(a) may apply to all or part of a precinct; and
(b) must specify the area to which it applies.
(4) A precinct
implementation plan should, in relation to the area to which it applies, seek to
promote the provisions of the Planning Strategy and may—
(a) specify, in particular—
(i) design guidelines for development, which may include specific design
criteria relating to buildings or classes of buildings; and
(ii) detailed plans and maps relating to—
(A) roads; and
(B) sizes and arrangements of allotments; and
(C) building heights and density; and
(D) public places; and
(iii) an implementation framework, including in relation to infrastructure
works; and
(b) make provision in
relation to any matter which a Development Plan under the Development
Act 1993 may provide for, including specifying classes of
development within the area that will be taken to be complying
development for the purposes of the
Development
Act 1993; and
(c) provide for the
provision of open space or the making of payments (insofar as it is relevant to
development within the precinct) in connection with the requirements imposed
under section 50 of the Development
Act 1993; and
(d) address, adopt or incorporate any other matter specified by the
Minister.
(5) The precinct authority must, in preparing a precinct plan, have regard
to relevant provisions of any Development Plan applying in the area to which the
precinct plan relates.
(6) A provision of a precinct plan may—
(a) refer to or incorporate wholly or partially and with or without
modification, a standard or other document prepared or published by a prescribed
body, either as in force at the time the provision comes into operation or as in
force from time to time; and
(b) be of general or limited application; and
(c) make different provision according to the persons, things or
circumstances to which it is expressed to apply; and
(d) provide that any matter or thing is to be determined, dispensed with
or regulated according to the discretion of the Minister, precinct authority or
any other prescribed person or body.
(7) A precinct plan is a public document of which a court or tribunal will
take judicial notice, without formal proof of its contents.
(8) The precinct
authority must, in relation to any proposal to create or amend a precinct
plan—
(a) prepare a draft of the proposal; and
(b) take reasonable steps to consult with—
(i) any design review panel, community reference panel or other panel
established for the precinct under
section 7H(9);
and
(ii) any Government Department or other agency that has a direct interest
in the matter; and
(iii) each council that has a direct interest in the matter,
in relation to the proposal; and
(c) by public advertisement, give notice of the place or places at which
copies of the draft are available for inspection (without charge) and purchase
and invite interested persons to make written representations on the proposal
within a period specified by the precinct authority; and
(d) hold a meeting where members of the public may attend and make
representations in relation to the proposal, if the Minister considers it
necessary or desirable for such a meeting to be held.
(9)
Subsection (8)
does not apply to an amendment to a precinct plan—
(a) in order to make a change of form (without altering the effect of an
underlying policy reflected in a precinct plan); or
(b) in order to take action which, in the opinion of the Minister,
is—
(i) minor in nature and has no, or no significant, substantive effect;
or
(ii) correcting an error.
(10) The precinct
authority must, after complying with the requirements of
subsection (8)—
(a) prepare a report on the matters raised during the consultation period;
and
(b) provide a copy of
the report to the Minister and the Planning Minister.
(11) The Minister and the Planning Minister must take into account the
contents of the report received under
subsection (10)(b)
before taking action under
subsection (13)(a)
in relation to the precinct plan to which the report relates.
(12) The Minister may seek the advice of the Development Assessment
Commission on a report received under
subsection (10)(b)
(and, in particular, the Development Assessment Commission may consider and
advise on the report in the context of the relevant report prepared by the
Development Assessment Commission under
section 7H(7)).
(13) A precinct plan,
or an amendment to a precinct plan—
(a) has no force or
effect until—
(i) in the case of a precinct master plan—adopted by the Governor,
on the recommendation of the Minister and the Planning Minister; or
(ii) in the case of a precinct implementation plan—adopted by the
Minister; and
(b) may have effect from the date of publication in the Gazette, or from a
later date specified in the precinct plan or amendment (as the case may
be).
(14) The precinct authority must, as soon as is reasonably practicable
after the adoption of a precinct plan—
(a) make appropriate provision for the publication of the precinct plan,
including by publication in the Gazette; and
(b) ensure that copies of the precinct plan are reasonably available for
inspection (without charge) and purchase by the public at a place or places
determined by the precinct authority; and
(c) ensure that public notice is given of any amendment to a precinct plan
within a reasonable time after the amendment is adopted or made (as the case may
be).
(15) The Governor may, on the recommendation of the Minister and the
Planning Minister, by notice in the Gazette, revoke a precinct master
plan.
(16) The Minister may, by notice in the Gazette, revoke a precinct
implementation plan.
7J—Certain matters to apply for the purposes of the
Development Act 1993
(1) A relevant
authority within the meaning of the Development
Act 1993 must accept that—
(a) a proposed development in a precinct is complying development
under section 35 of the
Development
Act 1993 to the extent that the development is certified by the
precinct authority as being complying development under
section 7I(4)(b) of
this Act; and
(b) a proposed division
of land in a precinct satisfies the conditions specified in
section 33(1)(c) or (d) of the Development
Act 1993 to the extent that such satisfaction is certified by the
precinct authority.
(2) The Minister may, in appointing a precinct authority for a precinct
under
section 7H(4)(c), if
the Minister considers it appropriate to do so, limit the powers of the precinct
authority so that the precinct authority may not exercise the power referred to
in
subsection (1)(b).
(3) Any requirement imposed by a council or the Development Assessment
Commission under section 50 of the Development
Act 1993 must be consistent with any provision made by the precinct
authority under
section 7I(4)(c) of
this Act.
(4) The Development
Act 1993 must be read subject to the operation of this
section.
7K—Precinct authority may be authorised to exercise
specified powers
(1) A precinct
authority may, if authorised by the Governor to do so by regulation, exercise,
in relation to a matter that is directly relevant to the management, development
or enhancement of a precinct established under this Part, a specified statutory
power—
(a) to grant an approval, consent, licence or exemption; or
(b) to provide a service or infrastructure; or
(c) to impose and recover a rate, levy or charge; or
(d) prescribed under
this paragraph by regulation.
(2) If an authorisation
is given under
subsection (1)—
(a) in the case of a power to grant an approval, consent, licence or
exemption—
(i) the statutory power may be exercised by the precinct authority as if
the power had been duly delegated to it by the authority, body or person in whom
the power is primarily vested; and
(ii) the precinct authority must consult with the authority, body or
person in relation to the exercise of the power (but is not bound to comply with
directions as to the exercise of the power given by that authority, body or
person); and
(b) any statutory
provisions governing, or incidental to, the exercise of the power must be
observed by the precinct authority as if it were the authority, body or person
in whom the power is primarily vested; and
(c) without limiting
paragraph (b), the
precinct authority may exercise any other statutory power that is necessary or
expedient for, or incidental to, the proper exercise of the statutory power that
is authorised to be exercised by the Governor under
subsection (1);
and
(d) any statutory provisions for appeal against or review of a decision to
exercise, or to refrain from exercising—
(i) a statutory power that is authorised to be exercised by the Governor
under
subsection (1);
or
(ii) a statutory power under
paragraph (c),
apply in relation to a decision by the precinct authority in relation to
the exercise of the power.
(3) If a regulation is made under this section, the Minister must as soon
as practicable after the publication of the regulation, prepare a report on the
matter and cause copies of the report to be laid before both Houses of
Parliament.
(4) A regulation made under
subsection (1)(d)
cannot come into operation until the time has passed during which the regulation
may be disallowed by resolution of either House of Parliament.
7L—Governor may grant concession or make variation
in relation to taxes etc on land within precinct
The Governor may, by regulation, with respect to land within a precinct,
grant a concession or make a variation in relation to taxes, rates or charges
imposed by or under an Act which apply in relation to the land (including so as
to modify the provisions of another Act) and any such regulation will have
effect according to its terms and despite the provisions of the other
Act.
7M—Council by-laws to be consistent with precinct
plan
If a by-law made by a council under the Local
Government Act 1999 or the Local
Government Act 1934 relating to a precinct is inconsistent with a
precinct plan, the precinct plan prevails to the extent of the
inconsistency.
9—Amendment
of section 23—Transfer of property etc
Section 23(1)—after paragraph (b) insert:
(c) on the revocation of a precinct plan under Part 2B, transfer an
asset, right or liability of a statutory corporation or an agent or
instrumentality of the Crown to a person or body that is not an agent or
instrumentality of the Crown, with the agreement of the person or
body.
Schedule 1—Related
amendments and transitional provision
Part 1—Amendment of Development
Act 1993
1—Amendment
of section 29—Certain amendments may be made without formal
procedures
Section 29(3)—after paragraph (c) insert:
or
(d) in order to give effect to the adoption of, or an amendment to, a
precinct plan under the Urban
Renewal Act 1995, or in order to make such provision as the
Minister thinks fit relating to planning or development within a precinct on the
revocation of a precinct plan.
2—Amendment
of section 34—Determination of relevant authority
Section 34(1)(b)—after subparagraph (x) insert:
or
(xi) 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 to whom the administration of the
Urban
Renewal Act 1995 is committed, the proposed development may have a
significant impact on an aspect of a precinct within the meaning of the Urban
Renewal Act 1995,
Part 2—Transitional
provision
(1) The Governor may, during the first 12 months after commencement
of this clause, by regulation, exempt a precinct authority from compliance with
the requirements of section 7I(8) of the Urban
Renewal Act 1995 (as inserted by this Act) relating to consultation
on or publication of a draft precinct plan.
(2) Terms used in this clause and also in Part 2B of the Urban
Renewal Act 1995 (as inserted by this Act) have the same meanings
in this clause as they have in Part 2B.