Title: Character Preservation (McLaren Vale) Bill 2012
Author: Office of Parliamentary Counsel
Category: parliamentary.copy
Document comments: lc54

Legislative Council—No 54
As received from the House of Assembly and read a first time, 15 May 2012

Character Preservation (McLaren Vale) Bill 2012

Character Preservation (McLaren Vale) Bill 2012
Schedule 1—Related amendments and transitional provisions

Character Preservation (McLaren Vale) Bill 2012
Related amendments and transitional provisions—Schedule 1

South Australia
Character Preservation (McLaren Vale) Bill 2012
A Bill For
An Act to provide measures to protect and enhance the special character of the McLaren Vale region; to make related amendments to the Development Act 1993; and for other purposes.

Contents
1	Short title
2	Commencement
3	Interpretation
4	Interaction with other Acts
5	Objects
6	Character values of district
7	Major project provisions not to apply
8	Limitations on land division in district
9	Power to require information
10	Review of Act
11	Regulations
Schedule 1—Related amendments and transitional provisions
Part 1—Preliminary
1	Amendment provisions
Part 2—Amendment of Development Act 1993
2	Amendment of section 4—Interpretation
3	Amendment of section 22—The Planning Strategy
4	Amendment of section 23—Development Plans
5	Amendment of section 24—Council or Minister may amend a Development Plan
6	Amendment of section 34—Determination of relevant authority
Part 3—Transitional provisions
7	Transitional provisions

The Parliament of South Australia enacts as follows:
1—Short title
This Act may be cited as the Character Preservation (McLaren Vale) Act 2012.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Interpretation
	(1)	In this Act, unless the contrary intention appears—
development authorisation has the same meaning as in the Development Act 1993;
district means the area defined as the McLaren Vale district by the plan deposited in the General Registry Office at Adelaide and numbered GP 3 of 2012 (being the plan as it exists on the prescribed day) but does not include the areas marked as townships on the deposited plan;
Planning Strategy means the Planning Strategy under the Development Act 1993;
prescribed day means the day on which this Act was introduced into the House of Assembly;
relevant authority, in relation to a proposed development, means the body determined to be the relevant authority under the Development Act 1993 or a provision of this Act for the purpose of an application made under the Development Act 1993 in relation to the proposed development;
residential development means development of dwellings to be used primarily for residential purposes but does not include the use of land for the purposes of a hotel or motel or to provide any other form of temporary residential accommodation for valuable consideration;
township means an area marked as a township in the plan deposited in the General Registry Office at Adelaide and numbered GP 3 of 2012 (being the plan as it exists on the prescribed day).
	(2)	A reference in this Act to the special character of the district is a reference to the identity and characteristics of the district, having regard to any relevant provisions of the Planning Strategy and the character values of the district.
4—Interaction with other Acts
	(1)	Except where the contrary intention is expressed in this or any other Act, this Act is in addition to and does not limit or derogate from the provisions of any other Act.
	(2)	For the purposes of the Development Act 1993, this Act is a character preservation law.
5—Objects
	(1)	The objects of this Act are—
	(a)	to recognise, protect and enhance the special character of the district while at the same time providing for the economic, social and physical well being of the community; and
	(b)	to ensure that activities that are unacceptable in view of their adverse effects on the special character of the district are prevented from proceeding; and
	(c)	to ensure that future development does not detract from the special character of the district; and
	(d)	otherwise to ensure the preservation of the special character of the district.
	(2)	A person or body involved in the administration of an Act must, in exercising powers and functions in relation to the district, have regard to and seek to further the objects of this Act.
6—Character values of district
	(1)	The following character values of the district are recognised:
	(a)	the rural landscape and visual amenity of the district;
	(b)	the heritage attributes of the district;
	(c)	the built form of the townships as they relate to the district;
	(d)	the viticultural, agricultural and associated industries of the district;
	(e)	the scenic and tourism attributes of the district.
	(2)	The character values of the district are relevant to—
	(a)	assessing the special character of the district; and
	(b)	the policies to be developed and applied under the Planning Strategy and any Development Plan under the Development Act 1993 that relates to the district or a township under this Act.
7—Major project provisions not to apply
Part 4 Division 2 of the Development Act 1993 does not apply in relation to developments or projects in the district.
8—Limitations on land division in district
	(1)	This section applies to a proposed development in the district that involves the division of land under the Development Act 1993.
	(2)	The Development Assessment Commission is the relevant authority for the purpose of an application made under the Development Act 1993 after the commencement of this section in relation to a proposed development to which this section applies.
	(3)	If a proposed development to which this section applies will create additional allotments to be used, wholly or partly, for residential development, the relevant authority must refuse to grant development authorisation in relation to the proposed development (if the application for the development authorisation for the division of land was made after the commencement of this section).
	(4)	If the relevant authority determines an application in respect of a development authorisation on the basis of subsection (3), the relevant authority must notify the applicant of that fact.
	(5)	A development authorisation granted in relation to a proposed development to which this section applies will be taken to be subject to the condition that the additional allotments created will not be used for residential development (if the application for the development authorisation for the division of land was made after the commencement of this section).
9—Power to require information
	(1)	A person or body involved in the administration of an Act (the relevant Act) may, by notice in writing to—
	(a)	an applicant for a statutory authorisation under the relevant Act that relates to, or would otherwise affect, the district; or
	(b)	a government or local government authority,
request that specified information be provided to the person or body to enable the person or body to consider any matter relevant to the obligations imposed on the person or body under this Act (and the applicant or authority of whom the request is made must not, without reasonable excuse, fail to comply with a request under this section).
	(2)	In this section—
statutory authorisation means an approval, consent, licence, permit or other authorisation granted or required under an Act.
10—Review of Act
	(1)	The Minister must, within 5 years after the commencement of this Act, undertake a review of this Act.
	(2)	The review must include an assessment of the state of the district, especially taking into account the objects of this Act and any relevant provisions of the Planning Strategy and may include other matters determined by the Minister to be relevant to a review of this Act.
	(3)	The Minister must cause a report on the outcome of the review to be tabled in both Houses of Parliament within 12 sitting days after its completion.
11—Regulations
	(1)	The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
	(2)	Without limiting the generality of subsection (1), those regulations may—
	(a)	prohibit or restrict the undertaking of a specified activity, or an activity of a specified class, in the district, or in a specified part of the district (despite any other Act or law); and
	(b)	provide that a person undertaking a specified activity, or an activity of a specified class, or proposing to undertake a specified activity, or an activity of a specified class, in the district, or in a specified part of the district, comply with any prescribed requirement or condition (despite any other Act or law); and
	(c)	prescribe fines, not exceeding $10 000, for offences against the regulations.
	(3)	The regulations may—
	(a)	be of general application or vary in their application according to prescribed factors; and
	(b)	provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other person or body.

Schedule 1—Related amendments and transitional provisions
Part 1—Preliminary
1—Amendment provisions
In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Development Act 1993
2—Amendment of section 4—Interpretation
Section 4(1)—after the definition of business day insert:
character preservation law means an Act that specifies that it is a character preservation law for the purposes of this Act;
3—Amendment of section 22—The Planning Strategy
	(1)	Section 22(3a)—after paragraph (c) insert:
and
	(ca)	the objects under a character preservation law; and
	(2)	Section 22—after subsection (3a) insert:
	(3aa)	Without derogating from subsection (3), the Planning Strategy must incorporate provisions which address any character values of a district recognised under a character preservation law.
4—Amendment of section 23—Development Plans
Section 23—after subsection (5) insert:
	(5a)	A Development Plan may refer to or incorporate any relevant statutory provision.
5—Amendment of section 24—Council or Minister may amend a Development Plan
	(1)	Section 24(1)—after paragraph (fba) insert:
	(fbb)	where the purpose of the amendment is to promote the objects under a character preservation law—by the Minister; or
	(2)	Section 24(3)—after paragraph (c) insert:
or
	(ca)	relates to any part of the district or a township within the meaning of a character preservation law—the Minister must consult with and have regard to the views of the Minister responsible for the administration of the character preservation law.
6—Amendment of section 34—Determination of relevant authority
Section 34(1)(b)—after subparagraph (ix) insert:
or
	(x)	the Minister, acting at the request of the Minister responsible for the administration of a character preservation law, 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 making the request, the proposed development may have a significant impact on an aspect of the district or a township within the meaning of the relevant character preservation law,
Part 3—Transitional provisions
7—Transitional provisions
The Minister responsible for the administration of the Development Act 1993 must—
	(a)	take steps to comply with subsection (3aa) of section 22 of that Act, as enacted by this Act, in relation to the district under this Act within 6 months after the commencement of this clause; and
	(b)	ensure that any Development Plan under that Act that relates to the district or a township, or part of the district or a township, is reviewed within 6 months after the alterations to the Planning Strategy under paragraph (a) have been made for the purpose of determining whether any amendments should be made to the Development Plans on account of the provisions of the Planning Strategy as altered under paragraph (a) or on account of any other provisions that are relevant to the operation and effect of this Act.

HA GP 174-C OPC 32