South Australian Current Acts South Australian Current Acts30—Inquiries—administrative proposals
(1) An inquiry under
this section into an administrative proposal will be conducted by the
Commission according to such procedures as the Commission thinks fit, provided
that a reasonable amount of community consultation is conducted in accordance
with the proposal guidelines.
(2) Despite
subsection (1), the Commission may determine not to conduct community
consultation in relation to a particular administrative proposal if the
Commission considers it unnecessary to do so.
(3) After conducting
an inquiry into an administrative proposal, the Commission must consult with
the Minister on the matter (including on any recommendations that the
Commission proposes to make in relation to the administrative proposal).
(4) After consulting
with the Minister under subsection (3), the Commission must—
(a)
prepare and publish on a website determined by the Commission a report on the
administrative proposal that includes the Commission's recommendations as to
the administrative proposal (subject to any redactions or limitations that the
Commission considers necessary to prevent the disclosure of confidential or
commercially sensitive information); and
(b)
provide a copy of the report to the Minister.
(5) To avoid doubt, if
the Commission determines to recommend an administrative proposal in a report
under subsection (4), the administrative proposal recommended may involve
such variations as the Commission thinks fit to the administrative proposal
referred to the Commission under this Division.
(6) The Minister may,
in relation to an administrative proposal set out in a report under
subsection (4), determine that—
(a) the
administrative proposal proceed and forward it to the Governor with a
recommendation that a proclamation be made under this Chapter in relation to
the administrative proposal; or
(b) the
administrative proposal not proceed.
"administrative proposal" means a proposal—
(a)
relating to the alteration of a boundary that is shared by 2 or more
councils—
(i)
to facilitate a development that has been granted a
development authorisation (within the meaning of the
Planning, Development and Infrastructure Act 2016 ); or
(ii)
to correct an anomaly that is, in the opinion of the
Commission, generally recognised; or
(b) in
the case of a boundary shared by 2 or more councils that falls along a
road—relating to the alteration of the boundary following the
realignment of the road; or
(c)
relating to the alteration of a boundary to incorporate within the area of a
council vacant land in a part of the State that is not within the area of a
council; or
(d) of a
kind prescribed by the regulations.