South Australia
Development (Interim Development Control) Amendment Bill 2012
A Bill For
An Act to amend the Development Act 1993.

Contents
Part 1—Preliminary
1	Short title
2	Amendment provisions
Part 2—Amendment of Development Act 1993
3	Amendment of section 28—Interim development control

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Development (Interim Development Control) Amendment Act 2012.
2—Amendment provisions
In this Act, 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
3—Amendment of section 28—Interim development control
	(1)	Section 28(1)—delete "it is necessary in the interests of the orderly and proper development of an area of the State that an amendment to a Development Plan should come into operation without delay" and substitute:
, in the interests of the orderly development of an area of the State, it is necessary to bring an amendment to a Development Plan into operation without delay in order to counter applications for undesirable development ahead of the outcome of the consideration of the amendment under this subdivision
	(2)	Section 28—after subsection (1) insert:
	(1a)	For the purposes of subsection (1), undesirable development, in relation to a proposed amendment to a Development Plan, is development that would detract from, or negate, an object of the amendment.
	(1b)	The Minister must consult with the Advisory Committee before the Minister acts under subsection (1).
	(3)	Section 28—after subsection (6) insert:
	(7)	Despite any other provision of this Act, while an amendment to a Development Plan is in interim operation under this section—
	(a)	any application for a development plan consent in respect of which the amendment is relevant must be assessed against the provisions of the Development Plan immediately before the amendment was made and the provisions of the Development Plan after the amendment was made and if the decision on the application would be different depending on which version of the Development Plan applies (including with respect to any condition that would apply in relation to the development)—
	(i)	development plan consent must not be given until the amendment is no longer in interim operation; and
	(ii)	the application must then be assessed at the end of the period of interim operation against the provisions of the Development Plan as in force immediately after the end of that period (and section 53(2) will not apply); and
	(iii)	any period that applies under section 41 will be suspended while the application is subject to the operation of this paragraph; and
	(b)	if the amendment changes the category of any development so as to reduce the level of consultation under section 38, any application for a development plan consent in respect of which this aspect of the amendment is relevant must be considered under section 38 as if the amendment to the Development Plan had not been made (unless or until the amendment is no longer in interim operation).