Planning, Development and Infrastructure Act 2016

Planning, Development and Infrastructure Act 2016 is a landmark statute of South Australia that fundamentally reformed the state's planning system. Enacted by the Parliament of South Australia and receiving royal assent in December 2016, it replaced the aging Development Act 1993 with a modern, integrated framework. The legislation aimed to streamline development assessment, enhance strategic planning, and promote better design outcomes across the state, from metropolitan Adelaide to regional areas like the Barossa Valley and the Limestone Coast.

Background and legislative history

The push for reform stemmed from widespread criticism of the complexity and inconsistency of the previous system under the Development Act 1993. Reviews, including those by the South Australian Government's expert panel, highlighted inefficiencies that hindered economic growth and housing supply. The bill was introduced by the Weatherill ministry, with the Minister for Planning (South Australia) leading the legislative agenda. Following extensive consultation and debate in the House of Assembly and the Legislative Council, the Act passed with bipartisan support. Key commencement dates were staged, with the core operational provisions taking effect in March 2017, initiating a multi-year transition from the old regime.

Key provisions and reforms

The Act established several pivotal new institutions and instruments. It created the independent State Planning Commission as the central planning authority, replacing the Development Policy Advisory Committee. A new hierarchy of planning instruments was introduced, headed by the State Planning Policy and the centralized, digitized Planning and Design Code, which consolidated over 70 former Development Plans. The Act mandated the ePlanning digital system to manage all applications and information. It also reformed assessment pathways, creating categories like "deemed-to-satisfy" and "performance assessed," and introduced mandatory design review for significant projects in areas such as the Adelaide Park Lands.

Implementation and administration

Administration of the Act is led by the Department of Planning, Transport and Infrastructure, with the State Planning Commission providing technical oversight. Implementation involved a massive technical project to develop the Planning and Design Code, led by the Planning and Land Use Services division. The rollout of the ePlanning portal, known as the SA Planning Portal, was a critical component. Transitional arrangements managed the shift for councils like the City of Adelaide and the City of Charles Sturt, with the Local Government Association of South Australia playing a key role in coordinating the change.

Impact and reception

The Act's impact has been significant, altering development assessment timelines and shifting planning authority from local South Australian councils to the state level. Reception has been mixed; industry groups like the Property Council of Australia and the Urban Development Institute of Australia praised the streamlining intent, while some communities and councils criticized perceived reduced local input, particularly in historic areas like North Adelaide. The complexity of the new Planning and Design Code attracted scrutiny from committees of the Parliament of South Australia. The reforms have also influenced major projects, including those in the Lot Fourteen innovation precinct and the Riverbank Precinct.

Related legislation and amendments

The Act operates alongside other key statutes, including the Local Government Act 1999, the Heritage Places Act 1993, and the Environment Protection Act 1993. It has been amended several times since 2016, including via the Planning, Development and Infrastructure (General) Amendment Act 2020, which adjusted provisions for the Planning and Design Code rollout. Further amendments have addressed technical issues, assessment thresholds, and the functions of the State Planning Commission, reflecting an evolving legislative framework. Category:South Australian legislation Category:2016 in Australian law Category:Urban planning in Australia