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| Planning, Development and Infrastructure Act 2016 | |
|---|---|
| Name | Planning, Development and Infrastructure Act 2016 |
| Enacted by | Parliament of South Australia |
| Territorial extent | South Australia |
| Date assented | 15 December 2016 |
| Status | Current |
Planning, Development and Infrastructure Act 2016 is landmark legislation enacted by the Parliament of South Australia to reform land use, development assessment and infrastructure planning across South Australia. The Act replaced the Development Act 1993 and overhauled arrangements previously administered by bodies such as the Department of Planning, Transport and Infrastructure, Planning and Design Code framework proponents, and local government authorities including the City of Adelaide. It established new statutory institutions, modernised assessment pathways, and integrated state infrastructure planning with regional and local decision-making.
The Act emerged from reform processes influenced by reviews and policy initiatives by entities such as the South Australian Government, the Independent Commission Against Corruption (South Australia), and advisory reports produced for ministers including members from the Marshall ministry and the Weatherill ministry. Preceding instruments included the Development Act 1993, the Development Plan system administered by councils like the City of Port Adelaide Enfield and agencies such as the Environment Protection Authority (South Australia). Stakeholder consultations involved professional bodies including the Australian Institute of Architects, the Planning Institute of Australia, peak industry groups such as the Real Estate Institute of South Australia, and advocacy organisations including the National Trust of South Australia. The legislative passage through the Parliament of South Australia prompted debate in both the South Australian Legislative Council and the South Australian House of Assembly before royal assent.
The Act created a statutory framework linking a central instrument, the Planning and Design Code, with regional strategies such as the Greater Adelaide Region Plan and state strategic plans related to infrastructure bodies like SA Water and transport agencies including Adelaide Metro. Institutional reforms established entities including the State Planning Commission and the Commissioner for Tenancies and Consumer Affairs was not directly altered, while responsibilities were redistributed among the Local Government Association of South Australia, regional development boards, and state departments. The Act defines assessment pathways (code assessed, merit assessed, and performance assessed) and sets out authorisation regimes for development approval, aligning with statutory instruments affecting heritage bodies such as the South Australian Heritage Council and statutory covenants used by landholders in areas like the Adelaide Hills.
Assessment processes under the Act distinguish between categories requiring assessment by the State Planning Commission, accredited professionals, or local councils such as the City of Marion and the Prospect Council. The Code-based approach integrates zoning, overlays, and numeric standards similar to mechanisms used in jurisdictions like Victoria and New South Wales but tailored for South Australian institutions including the Office for Design and Architecture South Australia. Applicants may seek third-party merits review through bodies such as the Environment, Resources and Development Court and administrative review by the South Australian Civil and Administrative Tribunal. The Act formalises pathways for major projects involving proponents including Adelaide Airport and state agencies such as Department for Infrastructure and Transport.
Infrastructure provisions promote coordination between the State Infrastructure Plan, transport authorities like Austroads partners, utilities including SA Power Networks, and development proponents such as private developers and state-owned corporations including Renewal SA. Mechanisms include infrastructure agreements, development contribution schemes, and acquisition powers interacting with landholders, councils, and delivery agencies such as Australian Rail Track Corporation. The Act enables strategic infrastructure projects to be declared, facilitating delivery modalities used in large-scale initiatives like the Adelaide CBD revitalisation, port precinct upgrades at Port Adelaide and metropolitan transit projects coordinated with Adelaide Metro.
Environmental and heritage safeguards under the Act require coordination with statutory bodies including the Environment Protection Authority (South Australia), the South Australian Heritage Council, and federal instruments such as the Environment Protection and Biodiversity Conservation Act 1999. Development assessment must consider native vegetation controls aligned with instruments used by agencies like the Department for Environment and Water and reflect heritage listings that include places managed by the National Trust of South Australia. The Act interfaces with statutory conservation reserves such as the Belair National Park framework and biodiversity strategies affecting regions including the Limestone Coast.
Governance structures place statutory obligations on the State Planning Commission, accredited professionals, councils including the City of Onkaparinga, and state agencies such as the Treasury of South Australia for financial governance of infrastructure contributions. Enforcement tools include compliance notices, infringement penalties, and orders enforceable through courts such as the Supreme Court of South Australia and the Environment, Resources and Development Court. The Act prescribes accreditation regimes for professionals and sanctions for contraventions, aligning professional practice with standards advocated by the Australian Institute of Landscape Architects and the Planning Institute of Australia.
Reception to the Act was mixed: supporters including the Property Council of Australia and parts of the development industry praised streamlined assessment, while critics such as heritage advocates and some councils including the City of Unley raised concerns about centralisation and community engagement. Subsequent amendments and policy adjustments have been considered in the Parliament of South Australia, with legal challenges and judicial review matters brought before the Environment, Resources and Development Court and the Supreme Court of South Australia by stakeholders including community groups and private proponents. The Act continues to shape planning practice across South Australia and interfaces with broader national frameworks involving agencies such as the Commonwealth Department of Infrastructure, Transport, Regional Development and Communications.
Category:South Australian legislation