Amendments to the Planning, Development and Infrastructure Act 2016 (SA)
The Statutes Amendment (Planning, Infrastructure and Other Matters) Act 2025 (SA) (Amending Act) is available to read here.
Part 5 of the Amending Act introduces several key changes into the Planning, Development and Infrastructure Act 2016 (SA) (PDI Act). The majority of the amendments contained in Part 5 of the Amending Act have recently commenced by proclamation.
The total amendments are varied and numerous. This article addresses several of the most consequential changes regarding:
- assessment of different classes of development;
- application and provision of information;
- land division certificates;
- civil penalties;
- voluntary undertakings; and
- Local Area Plans.
Please contact us for any information related to other changes not addressed in this article.
Amendment of section 102 – Matters against which development must be assessed
Pursuant to section 102 of the PDI Act, a relevant authority must assess a proposed development against and grant consent in respect of a number of matters specified under subsection (1).
The Amending Act reduces the number of consents that were previously applicable under section 102(1) in respect of any requirements under Part 15 Division 2 (being requirements to make contributions to off-set schemes pursuant to sections 197 to 200 of the PDI Act), which had previously had status as a separate consent under section 102(1)(f).
The Amending Act repeals section 102(1)(f). Instead of requiring a separate consent, these requirements are now incorporated into the assessment of other consents, in particular:
- the requirements under Part 15 Division 2 (other than the open space contribution scheme in section 198) are incorporated into assessment of planning consent under section 102(1)(a)(iii); and
- the requirements of section 198 (open space contributions) are now incorporated into assessment of land division consents under section 102(1)(c)(iiia) and 102(1)(d)(viia) respectively.
Amendment of section 106 – Deemed-to-satisfy Assessment
In relation to the assessment of deemed-to-satisfy developments the Amending Act introduces section 106(1a) which provides that:
(1a) If a design standard applies in relation to a proposed development, the development may be assessed as deemed-to-satisfy development under this section provided that planning consent in respect of the development is granted subject to conditions requiring the development to be consistent with the design standard.
Amendment of section 119 – Application and Provision of Information
Previously, section 119(13) allowed a person to apply for development authorisation on land regardless of whether they were the owner or occupier of the land, or if they had the landowner’s consent. Whether the recipient of a development authorisation could then act upon the authorisation and develop the land is a matter for them.
Section 119(13) now provides:
(13) An application relating to a proposed development cannot be made by a person who is not the owner of the land constituting the site of the proposed development unless—
(a) the owner has consented to the making of the application; or
(b) the applicant is a prescribed person or body, or a person or body of a prescribed class; or
(c) the application is an application of a prescribed class, or made in prescribed circumstances.
There are currently no prescribed classes or circumstances.
Amendment of section 138 – Land division certificate
The most significant change to section 138 is the insertion of subsection (1a), this amendment has not yet commenced.
Subsection (1a) introduces new requirements for land divisions. The State Planning Commission must not issue a section 138 land division certificate unless the State Planning Commission is satisfied that SA Water has either notified the Commission that:
- each allotment of the division either has connections for the provision of water supply and sewerage services; or
- the applicant has entered into a binding agreement with adequate security for the provision of such connections; or
- SA Water is not responsible for the water supply or sewerage services in relation to the land the subject of the division.
Amendment of section 153 – Temporary occupation
The Amending Act now provides that a council may only approve a building for temporary occupation, where it is satisfied that the relevant building complies with any requirements prescribed by a practice direction that has been issued for the purposes of the section. No relevant practice direction has been issued to date, however, if issued, this will increase procedural requirements and limit the practical circumstances in which a council may approve temporary occupation.
Civil Penalties and Voluntary Undertakings
For both civil penalties or voluntary undertakings the Amending Act amends the definition of designated authority. The effect of the amendment is that councils no longer require authorisation from the Commission to seek civil penalties or voluntary undertakings.
The Commission is also no longer required to make public information about the commencement of civil penalties proceedings on the SA Planning Portal due to the deletion of section 225(16).
Insertion of section 242A – Use of equipment or computers to make decisions
The Amending Act introduces the ability to use equipment, computers or other electronic devices of an approved class (Approved System) to make specified decisions under the Act. Section 242A will enable Approved Systems to perform assessments, grant consents, development authorisations, give notice of a decision, determination or other thing under the Act or perform any other function of a class prescribed by the Chief Executive (Relevant Matters).
The section specifies that any act or determination of an Approved System in relation to a Relevant Matter will have been taken to have been done by the Chief Executive as the relevant authority. The Chief Executive will also have the authority to revoke a consent granted by an Approved System prior to final development approval and refer the decision to a relevant authority for reassessment.
The use of an Approved System is not taken to derogate from the power of a person who may otherwise act under the relevant provision, and the section provides that an authorised person may still act, make or substitute their own decision, instead of relying on the Approved System.
Insertion of section 245A – Local Area Plans
The Amending Act will introduce the requirement for councils to prepare a Local Area Plan. This amendment has not yet commenced. A Local Area Plan must address strategic planning issues within the area of the council, and contain any other material as prescribed by regulations or required by the Minister.
Two or more councils, or all councils under a joint planning board may act under this section jointly, and therefore prepare a joint Local Area Plan.
Councils also must review their Local Area Plan within 12 months if directed to do so by the Minister following an amendment to a relevant regional plan and, in any event, within 5 years after the completion or review of their last Local Area Plan.
Once a Local Area Plan is approved by the Minister, the council must publish the Local Area Plan on their website.
Pursuant to section 245A(5) the Minister may exempt a council from needing to prepare or review a Local Area Plan, if the Minister is satisfied that the council:
- has addressed the relevant issues through its strategic management plans under the Local Government and that in those circumstances it is reasonable to rely on those plans to achieve the objectives of section 245A;
- has taken other steps to ensure that its strategies and relevant planning instruments are up to date; or
- there is some other good reason to grant the exemption.
Pursuant to section 245A(6) if an exemption is granted ‘the Minister must direct the Commission to include reference to the exemption and a statement as to the Minister’s grounds for the granting of the exemption in the Commission’s annual report on the administration of this Act’.
For more specific information on any of the material contained in this article or otherwise arising from the Amending Act please contact Gavin Leydon on +61 8 8210 1225 or gleydon@normans.com.au, Nicholas Munday on +61 8 8217 1381 or nmunday@normans.com.au, or Cayleigh Stock on +61 8 8210 1294 or cstock@normans.com.au.
