South Australia
Development (Sustainable Development) Amendment Bill 2005
A Bill For
An Act to amend the Development Act 1993; to make related amendments to the Criminal Law Consolidation Act 1935, the Local Government Act 1999, the Natural Resources Management Act 2004, the Ombudsman Act 1972, the Parliamentary Committees Act 1991 and the River Murray Act 2003; and to repeal the Swimming Pools (Safety) Act 1972.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Development Act 1993
4	Amendment of section 1—Short title
5	Amendment of section 3—Objects
6	Amendment of section 4—Interpretation
7	Substitution of section 10
10	The Development Assessment Commission
10A	Special provision relating to constitution of Development Assessment Commission
10B	Disclosure of financial interests
8	Amendment of section 11—Functions of the Development Assessment Commission
9	Amendment of section 13—Procedures
10	Amendment of section 16—Committees
11	Amendment of section 17—Staff
12	Amendment of section 20—Delegations
13	Amendment of section 21—Annual report
14	Insertion of Part 2 Division 5
Division 5—Codes of conduct
21A	Codes of conduct
15	Amendment of section 22—The Planning Strategy
16	Amendment of section 23—Development Plans
17	Amendment of section 24—Council or Minister may amend a Development Plan
18	Amendment of section 25—Amendments by a council
19	Insertion of section 25A
25A	Heritage matters—council amendments
20	Amendment of section 26—Amendments by the Minister
21	Insertion of section 26A
26A	Heritage matters—Ministerial amendments
22	Amendment of section 27—Parliamentary scrutiny
23	Amendment of section 28—Interim development control
24	Amendment of section 29—Certain amendments may be made without formal procedures
25	Substitution of Part 3 Division 2 Subdivision 3
Subdivision 3—Strategic Directions Reports
30	Strategic Directions Reports
26	Insertion of section 31A
31A	Investigations
27	Amendment of section 33—Matters against which a development must be assessed
28	Amendment of section 34—Determination of relevant authority
29	Amendment of section 35—Special provisions relating to assessment against a Development Plan
30	Amendment of section 36—Special provisions relating to assessment against the Building Rules
31	Insertion of section 37AA
37AA	Preliminary advice and agreement
32	Amendment of section 38—Public notice and consultation
33	Amendment of section 39—Application and provision of information
34	Amendment of section 41—Time within which decision must be made
35	Amendment of section 45—Offences relating specifically to building work
36	Amendment of section 45A—Investigation of development assessment performance
37	Amendment of section 46—Declaration by Minister
38	Repeal of section 46A
39	Amendment of section 46B—EIS process—Specific provisions
40	Amendment of section 46C—PER process—Specific provisions
41	Amendment of section 46D—DR process—Specific provisions
42	Amendment of section 48—Governor to give decision on development
43	Amendment of section 48E—Protection from proceedings
44	Substitution of heading to Part 4 Division 3
45	Amendment of section 49—Crown development and public infrastructure
46	Substitution of heading to Part 4 Division 3A
47	Amendment of section 49A—Electricity infrastructure development
48	Amendment of section 50—Open space contribution scheme
49	Amendment of section 50A—Carparking fund
50	Amendment of section 52—Saving provisions
51	Amendment of section 52A—Avoidance of duplication of procedures etc
52	Amendment of section 53—Law governing proceedings under this Act
53	Amendment of section 53A—Requirement to up-grade building in certain cases
54	Amendment of section 54A—Urgent work in relation to trees
55	Amendment of section 54B—Interaction of controls on trees with other legislation
56	Amendment of section 55—Action if development not completed
57	Amendment of section 56—Completion of work
58	Amendment of section 56A—Councils to establish council development assessment panels
59	Insertion of section 56B
56B	Building Rules assessment audits
60	Amendment of section 57—Land management agreements
61	Insertion of section 57A
57A	Land management agreements—development applications
62	Amendment of section 68A—Private certifiers
63	Insertion of section 71AA
71AA	Swimming pool safety
64	Amendment of section 71A—Building inspection policies
65	Amendment of section 86—General right to apply to Court
66	Amendment of section 88—Powers of Court in determining any matter
67	Amendment of section 89—Preliminary
68	Amendment of section 92—Circumstances in which a private certifier may not act
69	Insertion of section 101A
101A	Councils to establish strategic planning and development policy committees
70	Insertion of section 106A
106A	Make good orders
71	Amendment of section 108—Regulations
72	Substitution of heading
73	Amendment of Schedule 1
74	Insertion of new Schedule
Schedule 2—Disclosure of financial interests
1	Interpretation
2	Disclosure of interests
3	Register
4	Compliance with Schedule
5	Restrictions on publication
Schedule 1—Related amendments, repeals and transitional provisions
Part 1—Preliminary
1	Amendment provisions
Part 2—Amendment of Criminal Law Consolidation Act 1935
2	Amendment of section 5—Interpretation
Part 3—Amendment of Local Government Act 1999
3	Amendment of section 90—Meetings to be held in public except in special circumstances
4	Amendment of section 122—Strategic management plans
5	Insertion of section 245A
245A	Council may require bond in certain circumstances
Part 4—Amendment of Natural Resources Management Act 2004
6	Amendment of section 29—Functions of boards
7	Amendment of section 75—Regional NRM plans
8	Amendment of section 76—Preparation of water allocation plans
9	Amendment of section 78—Concept statement
10	Amendment of section 79—Preparation of plans and consultation
11	Amendment of section 80—Submission of plan to Minister
Part 5—Amendment of Ombudsman Act 1972
12	Amendment of section 3—Interpretation
Part 6—Amendment of Parliamentary Committees Act 1991
13	Amendment of section 15L—Functions of Committee
Part 7—Amendment of River Murray Act 2003
14	Amendment of section 22—Development of related policies and consideration of activities
Part 8—Repeal of Swimming Pools (Safety) Act 1972
15	Repeal of Swimming Pools (Safety) Act 1972
Part 9—Transitional provisions
16	Interpretation
17	Building Rules Assessment Commission
18	Significant trees
19	Plan Amendment Reports
20	Heritage surveys
21	Strategic Directions Reports
22	Membership of Commission
23	Regional development assessment panels
24	Other provisions

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Development (Sustainable Development) Amendment Act 2005.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—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
4—Amendment of section 1—Short title
Section 1—delete "Development Act 1993" and substitute:
Sustainable Development Act 1993
5—Amendment of section 3—Objects
	(1)	Section 3—delete "to provide for" and substitute:
to establish procedures and processes that will lead to
	(2)	Section 3—after "efficient planning and" insert:
sustainable
	(3)	Section 3(c)—after subparagraph (iia) insert:
	(iib)	to set out the characteristics and other aspects of the natural or constructed environment that are desired within the community in order to provide clear policies with respect to sustainable development in the State; and
	(4)	Section 3—after paragraph (d) insert:
	(da)	to facilitate the identification and protection of places of State and local heritage significance; and
	(db)	to promote or implement strategies or policies that are designed to enhance the sustainability of buildings; and
	(dc)	to provide for a scheme that promotes the integration of procedures and processes (whether under this or another Act) that are relevant to the development of policies, or the assessment of proposals, relating to development within the State; and
	(5)	Section 3—after paragraph (e) insert:
	(ea)	to promote an impartial, timely and certain development assessment process based on clearly stated statutory policies and procedural requirements; and
	(eb)	to promote or support initiatives to improve housing choice and access to affordable housing within the community; and
	(6)	Section 3—after its present contents as amended by this section (now to be designated as subsection (1)) insert:
	(2)	For the purposes of subsection (1), sustainable development means development that is assessed or undertaken taking into account the principle that decision-making processes should effectively integrate both long term and short term economic, environmental, social and equity considerations.
6—Amendment of section 4—Interpretation
	(1)	Section 4(1), definition of Building Code—delete the definition and substitute:
Building Code means an edition of the Building Code of Australia published by the Australian Building Codes Board, as in force from time to time and as modified (from time to time) by the variations, additions or exclusions for South Australia contained in the code, but subject to the operation of subsection (7);
	(2)	Section 4(1), definition of Building Rules Assessment Commission—delete the definition and substitute:
Building Rules Committee means a committee of the Advisory Committee established in accordance with the regulations;
building rules consent means a consent granted under section 33(1)(b);
	(3)	Section 4(1), definition of building work, (a)—after "of a building" insert:
(including any incidental excavation or filling of land)
	(4)	Section 4(1), definition of building work, (b)—delete paragraph (b)
	(5)	Section 4(1), definition of development, (fa)—delete paragraph (fa) and substitute:
	(fa)	in relation to a regulated tree—any tree-damaging activity; or
	(6)	Section 4(1), definition of development—after paragraph (g) insert:
	(ga)	prescribed earthworks (to the extent that any such work or activity is not within the ambit of a preceding paragraph); or
	(7)	Section 4(1)—after the definition of Development Plan insert:
development plan consent means a consent granted under section 33(1)(a);
	(8)	Section 4(1)—after the definition of land insert:
LGA means the Local Government Association of South Australia;
	(9)	Section 4(1), definition of Major Developments Panel—delete the definition
	(10)	Section 4(1), definition of provisional building rules consent—delete the definition
	(11)	Section 4(1), definition of provisional development plan consent—delete the definition
	(12)	Section 4(1)—after the definition of the Registrar-General insert:
regulated tree means a tree within a class of trees declared to be regulated trees by the regulations;
	(13)	Section 4(1), definition of significant tree—delete the definition
	(14)	Section 4—after subsection (8) insert:
	(9)	For the purposes of this Act, any plant that is commonly known as a palm will be taken to be a tree.
7—Substitution of section 10
Delete section 10 and substitute:
10—The Development Assessment Commission
	(1)	The Development Assessment Commission continues in existence.
	(2)	The Development Assessment Commission is a body corporate with a common seal.
	(3)	The Development Assessment Commission consists of the following members appointed by the Minister:
	(a)	a Presiding Member and a Deputy Presiding Member and, with respect to these members, each must be a person—
	(i)	who is considered by the Minister to be a fit and proper person to be a member of the Development Assessment Commission; and
	(ii)	subject to any provision made by the regulations, who is considered by the Minister to have a reasonable knowledge of the operation and requirements of this Act, and appropriate qualifications or experience in a field that is relevant to the activities of the Development Assessment Commission;
	(b)	a person with knowledge of, and experience in, local government chosen from a panel of 3 such persons submitted to the Minister by the LGA;
	(c)	4 other persons and, with respect to these members, each must be a person who is considered by the Minister to be—
	(i)	a fit and proper person to be a member of the Development Assessment Commission; and
	(ii)	a person who has a reasonable knowledge of the operation and requirements of this Act, and appropriate qualifications or experience in a field that is relevant to the activities of the Development Assessment Commission.
	(4)	The Minister must, in making appointments under subsection (3)(a) and (c), seek to provide a reasonable balance across the fields that are, in the opinion of the Minister, relevant to the activities of the Development Assessment Commission.
	(5)	The Minister should ensure—
	(a)	that at least 1 member of the Development Assessment Commission is a woman and at least 1 member is a man; and
	(b)	that, as far as practicable, the Development Assessment Commission consists of equal numbers of men and women.
	(6)	The term of office for which a member of the Development Assessment Commission is appointed will be—
	(a)	in the case of the Presiding Member—a term not exceeding 5 years specified in the instrument of appointment;
	(b)	in any other case—a term not exceeding 2 years specified in the instrument of appointment.
	(7)	A member of the Development Assessment Commission is, on the expiration of a term of appointment, eligible for reappointment.
	(8)	The remuneration, allowances and conditions of appointment of a member of the Development Assessment Commission—
	(a)	will be determined by the Minister after consultation with the Commissioner for Public Employment; or
	(b)	will, in the case of the Presiding Member, if the Minister so determines with the concurrence of the Governor, be determined wholly or in part in accordance with the Public Sector Management Act 1995.
	(9)	The Minister may remove a member of the Development Assessment Commission from office for—
	(a)	breach of, or failure to comply with, the conditions of appointment;
	(b)	misconduct;
	(c)	neglect of duty;
	(d)	incapacity to carry out satisfactorily the duties of his or her office;
	(e)	failure to carry out satisfactorily the duties of his or her office;
	(f)	failure to comply with the requirements of section 10B or breach of, or failure to comply with, a code of conduct under section 21A.
	(10)	The office of a member of the Development Assessment Commission becomes vacant if the member—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by written notice addressed to the Minister; or
	(d)	becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or
	(e)	is convicted of an indictable offence punishable by imprisonment; or
	(f)	is removed from office by the Minister under subsection (9).
	(11)	On the office of a member of the Development Assessment Commission becoming vacant, a person will be appointed in accordance with this Act to the vacant office.
	(12)	In the absence of the Presiding Member from a meeting of the Development Assessment Commission the Deputy Presiding Member will preside and, in the absence of both the Presiding Member and the Deputy Presiding Member from a meeting, a member chosen by those present will preside.
	(13)	An appointment (other than an appointment under subsection (3)(b)) can only be made under this section after the Minister has, by notice in a newspaper circulating generally throughout the State, invited interested persons with appropriate qualifications to submit (within a period specified in the notice) expressions of interest in appointment to the relevant office.
10A—Special provision relating to constitution of Development Assessment Commission
	(1)	When the Minister makes a declaration under section 46, the Minister may (but need not) appoint 1 or 2 persons to the Development Assessment Commission to act as additional members for the purposes of dealing with any matter relating to the declaration that involves the Development Assessment Commission under Part 4 Division 2 Subdivision 1.
	(2)	A person appointed under subsection (1) will be selected from a list of persons established by the Minister for the purposes of this section.
	(3)	A person will hold office under this section on terms and conditions determined by the Minister and, on the expiration of a term of office, is eligible for reappointment.
	(4)	The Minister should, in establishing a list under this section, seek to obtain a wide range of expertise relevant to the consideration of major developments or projects within the State.
	(5)	The Minister must consult with the Minister for the River Murray with a view to including on the list 1 or more persons who, in the opinion of the Minister for the River Murray, have extensive knowledge of, or experience in dealing with, issues that are relevant to the protection or management of the River Murray.
	(6)	If it appears that a development or project may have a significant impact on any aspect of the River Murray (as defined by the River Murray Act 2003), the Minister must make an appointment under subsection (1) and the person so appointed, or at least 1 person so appointed, must be a person approved by the Minister for the River Murray.
10B—Disclosure of financial interests
A member of the Development Assessment Commission, and any person on the list established by the Minister under section 10A, must disclose his or her financial interests in accordance with Schedule 2.
8—Amendment of section 11—Functions of the Development Assessment Commission
	(1)	Section 11(1)(b) and (c)—delete paragraphs (b) and (c)
	(2)	Section 11—after subsection (1) insert:
	(1a)	The Development Assessment Commission may, as it thinks fit, provide advice and reports to the Minister on trends, issues and other matters that have become apparent or arisen through its assessment of applications under this Act.
9—Amendment of section 13—Procedures
Section 13(5)—delete subsection (5) and substitute:
	(5)	A member of a statutory body who has a direct or indirect personal or pecuniary interest in a matter before the statutory body (other than an indirect interest that exists in common with a substantial class of persons)—
	(a)	must, as soon as he or she becomes aware of his or her interest, disclose the nature and extent of the interest to the statutory body; and
	(b)	must not take part in any hearings conducted by the statutory body, or in any deliberations or decision of the statutory body, on the matter and must be absent from the meeting when any deliberations are taking place or decision is being made.
Maximum penalty: Division 4 fine.
	(5a)	Without limiting the effect of subsection (5), a member of a statutory body will be taken to have an interest in a matter for the purposes of that subsection if an associate of the member has an interest in the matter.
10—Amendment of section 16—Committees
Section 16—after subsection (2) insert:
	(2a)	A regulation under subsection (1)(a) may provide that 1 or more (or all) of the members of a committee will be persons nominated by the Minister, or by another person or body prescribed by the regulation.
11—Amendment of section 17—Staff
Section 17(2)—delete subsection (2) and substitute:
	(2)	A secretary or other member of staff referred to in subsection (1) will be Public Service employees.
12—Amendment of section 20—Delegations
Section 20(2)(d)—after "subject to" insert:
any other provision of this Act or
13—Amendment of section 21—Annual report
	(1)	Section 21(1)—delete "30 September" and substitute:
31 October
	(2)	Section 21—after subsection (1) insert:
	(1a)	The report must include—
	(a)	a report on any exemption granted by the Minister under section 30(9) (including the grounds for the granting of the exemption); and
	(b)	information in the form of statistical data relating to the number of applications for development authorisations under this Act during the relevant financial year that were not—
	(i)	dealt with by any prescribed body under section 37 within the relevant period prescribed by the regulations under that section; or
	(ii)	dealt with by any relevant authority within the time prescribed by the regulations under section 41,
and any comment the Minister considers relevant; and
	(c)	a report on the action taken by the Minister during the relevant financial year to review and implement changes to the planning and development system under this Act; and
	(d)	such other information or report as may be required under another provision of this Act,
and may include any other information or material determined to be relevant by the Minister.
	(1b)	Any person or body of a prescribed class must, in accordance with the regulations, provide (at such intervals as the regulations may prescribe) any information required by the regulations so that the Minister can consider and provide any information required under subsection (1a).
14—Insertion of Part 2 Division 5
Part 2—after Division 4 insert:
Division 5—Codes of conduct
21A—Codes of conduct
	(1)	The Minister may adopt—
	(a)	a code of conduct to be observed by members of the Development Assessment Commission; and
	(b)	a code of conduct to be observed by members of regional development assessment panels; and
	(c)	a code of conduct to be observed by members of council development assessment panels established by councils; and
	(d)	a code of conduct to be observed by officers of relevant authorities or other agencies who are acting under delegations under this Act.
	(2)	The Minister may vary a code of conduct, or adopt a new code of conduct in substitution for an existing code of conduct, in operation under subsection (1).
	(3)	Before the Minister adopts or varies a code of conduct under this section, the Minister must take reasonable steps to consult with—
	(a)	the Environment, Resources and Development Committee of the Parliament; and
	(b)	the LGA.
	(4)	If the Minister adopts or varies a code of conduct under this section, the Minister must—
	(a)	publish a notice of the adoption or variation in the Gazette; and
	(b)	ensure that a copy of the code of conduct (as adopted or varied) is kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations.
15—Amendment of section 22—The Planning Strategy
	(1)	Section 22(1)—after the definition of the appropriate Minister insert:
South Australian Strategic Plan means the plan that, in the opinion of the Governor, constitutes the key strategic plan of the Government of the State for the benefit of South Australia.
	(2)	Section 22(3a)—delete subsection (3a) and substitute:
	(3a)	The Planning Strategy will be taken to include—
	(a)	those parts of the South Australian Strategic Plan adopted by the Governor for the purposes of the Planning Strategy by notice in the Gazette; and
	(b)	the Objectives for a Healthy River Murray under the River Murray Act 2003 (as in force from time to time); and
	(c)	any other plan, policy, statement or instrument prepared, adopted or applied under another Act (or a part of such a plan, policy, statement or instrument) adopted by the Governor for the purposes of the Planning Strategy by notice in the Gazette.
	(3b)	The Governor may—
	(a)	adopt a plan, policy, statement or instrument under subsection (3a) as in force at the time of the notice or as in force from time to time, and with any modification considered by the Governor to be necessary or desirable in the circumstances;
	(b)	by subsequent notice in the Gazette, vary or revoke a notice under subsection (3a).
	(3c)	The appropriate Minister is to make such textual alterations to the Planning Strategy as may be required from time to time in order to incorporate material included in the Planning Strategy under subsection (3a), or to up-date the Planning Strategy to take into account any alteration that has effect under subsection (3b).
	(3d)	The Minister must ensure that the various parts of the Planning Strategy are reviewed at least once in every 5 years.
	(3e)	Different parts may be reviewed at different times but any review must include—
	(a)	an assessment of relevant trends in the strategies of the Government; and
	(b)	an assessment of the consistency between the part or parts under review and other major policy documents and strategies of the Government that are relevant to the material under review (as determined by the Minister),
(and may include other matters as the Minister thinks fit).
	(3)	Section 22(4a)—after "subsection (3a)" insert:
, (3b) or (3c)
16—Amendment of section 23—Development Plans
Section 23(4a)—delete subsection (4a) and substitute:
	(4a)	A Development Plan may, in setting out objectives or principles under subsection (3)(a), describe the characteristics and other aspects of the natural or constructed environment that are desired within the community in order to provide clear directions with respect to development in the relevant area.
17—Amendment of section 24—Council or Minister may amend a Development Plan
	(1)	Section 24(1)(a)(iv)—delete subparagraph (iv) and substitute:
	(iv)	where the Minister considers that the council has demonstrated undue delay in the preparation, consideration or finalisation of a Development Plan Amendment in accordance with section 25 (and section 25A (if relevant)) and that the amendment should proceed after taking into account the significance of the amendment and the provisions of the Planning Strategy—by the Minister;
	(2)	Section 24(1)(a)(iva)—delete "Plan Amendment Report" and substitute:
Development Plan Amendment
	(3)	Section 24(1)(a)(v)—delete subparagraph (v) and substitute:
	(v)	where—
	(A)	the council has failed to comply with a requirement of section 30 relating to the preparation or completion of a report under that section; or
	(B)	the Minister considers that the council has, in connection with the preparation of a report under section 30, acted unreasonably in not agreeing with the Minister on the steps that the council will take to amend any relevant Development Plan under this subdivision, or that the council has failed to comply with the terms of any relevant agreement with the Minister, or requirement prescribed by the regulations, under that section,
by the Minister;
	(4)	Section 24(1)(b)(ii)—after "by the relevant councils" insert:
at the request or
	(5)	Section 24(1)(b)(ii)—after "section 25" insert:
(and section 25A (if relevant))
	(6)	Section 24(1)—after paragraph (d) insert:
	(da)	where the amendment—
	(i)	relates to the format of a Development Plan, or to the headings, terms, names, numbers or other forms of identifying or classifying material used in a Development Plan; or
	(ii)	relates to a set of objectives or principles that have been developed by the Minister with a view to providing or enhancing consistency in the policies, or specific classes of policies, that are to apply under this Act and that have been identified for the purposes of this provision by the Minister by notice in the Gazette,
by the Minister (including an amendment that may only relate to 1 Development Plan in a particular circumstance); or
	(7)	Section 24(1)—after paragraph (fa) insert:
	(fb)	where a regional NRM board has requested a council to proceed with an amendment on the basis of a regional NRM plan approved under the Natural Resources Management Act 2004 by the Minister responsible for the administration of that Act and the council has not acted under section 25 of this Act in relation to the matter within a period determined by the Minister responsible for the administration of this Act to be reasonable in the circumstances—by the Minister;
	(8)	Section 24(1)—after paragraph (i) insert:
	(j)	where the Minister considers that an amendment to a Development Plan is appropriate having regard to issues surrounding the management or development of a particular area or site identified by the Minister for the purposes of this provision by notice in the Gazette—by the Minister.
	(9)	Section 24—after subsection (1) insert:
	(1a)	The Minister must not act under subsection (1)(a)(v) or (1)(j) unless—
	(a)	the Minister has, by notice in writing to the relevant council, given the council at least 6 weeks to make submissions in relation to the matter, and considered any submission received from the council within the period specified by the Minister; and
	(b)	in a case where the Minister is acting under subsection (1)(j), the Minister has, by public notice, identified the relevant area or site, and the issues proposed to be addressed by an amendment to the relevant Development Plan.
	(1b)	Two or more councils may act jointly in preparing amendments to 1 or more Development Plans under subsection (1)(a)(i) or (b)(ii) and, in such a case, 1 set of amendments, and 1 DPA under section 25 (and 25A (if relevant)), may relate to all of the relevant Development Plans (and section 25 (and section 25A (if relevant) will apply with any necessary modifications).
18—Amendment of section 25—Amendments by a council
	(1)	Section 25(2)—delete "must" and substitute:
may
	(2)	Section 25(2)—after "the Planning Strategy" insert:
or that some other issue should be referred to the Advisory Committee for advice
	(3)	Section 25(3) to (12) (inclusive)—delete subsection (3) to (12) and substitute:
	(3)	If or when agreement is reached, and the council decides to proceed, the council must prepare a proposal, to be called a "Development Plan Amendment" (or DPA), that complies with the following requirements:
	(a)	the DPA must be based on the outcome of investigations initiated by the council in accordance with the terms of the Statement of Intent and such other investigations (if any) as the council thinks fit;
	(b)	the DPA must include an assessment of the extent to which the proposed amendment—
	(i)	implements the Planning Strategy; and
	(ii)	accords with the Statement of Intent; and
	(iii)	accords with other parts of the Development Plan; and
	(iv)	complements the policies in the Development Plans for adjoining areas; and
	(v)	satisfies the matters prescribed in the regulations;
	(c)	the DPA must include—
	(i)	an explanation of the intent of the proposed amendment, the relationship between that intent and the policy of the Statement of Intent, and a summary of the major policy changes (if any) that are proposed; and
	(ii)	a summary of the conclusions drawn from the investigations and assessments referred to above; and
	(iii)	a draft of the amendment, or a draft of the relevant section of the Development Plan as amended (with the amendments shown in a distinctive manner); and
	(iv)	any other matter prescribed by the regulations.
	(4)	A DPA may only be prepared after the council has considered the advice of a person with prescribed qualifications.
	(5)	Despite a preceding subsection, a council cannot, except as authorised by the Minister, propose an amendment to a part of a Development Plan that has been declared by the Minister by notice in the Gazette as being part of a set of standard policy modules for the purposes of this Act.
	(6)	When the council has prepared a DPA in accordance with the preceding subsections, the DPA will be dealt with in accordance with process A, B or C, as described below, depending on an agreement reached between the council and the Minister as part of the Statement of Intent, or at some later time if so determined or agreed by the Minister.
	(7)	Process A is as follows:
	(a)	the council must first refer the DPA to any government Department or agency that has a direct interest in the matter, and any other body specified in the Statement of Intent, for comment within the period prescribed by the regulations;
	(b)	the Minister will then consider the matter and any comment from a Department, agency or other body to which the DPA has been referred, although if a response is not received by the council within the period that applies under paragraph (a), the council and the Minister may assume that the particular Department, agency or other body does not desire to provide any comment;
	(c)	the Minister may then give his or her approval to the release of the DPA or, after consultation with the council—
	(i)	require an alteration to the DPA (and in such a case the council must comply with the requirement); or
	(ii)	determine that the DPA be divided into parts (with or without alterations) and that each part be dealt with separately (and in such a case the determination will have effect according to its terms and each part will then be taken to be a separate DPA for the purposes of this Act);
	(d)	the council must then release the DPA for public consultation, in accordance with the regulations, over a period of at least 8 weeks.
	(8)	Process B is as follows:
	(a)	if required by the Minister, the council must first refer the DPA to the Minister for consideration and the Minister may, after consultation with the council—
	(i)	require an alteration to the DPA (and in such a case the council must comply with the requirement); or
	(ii)	determine that the DPA be divided into parts (with or without alterations) and that each part be dealt with separately (and in such a case the determination will have effect according to its terms and each part will then be taken to be a separate DPA for the purposes of this Act);
	(b)	subject to complying with paragraph (a) (if relevant), the council must—
	(i)	refer the DPA to any government Department or agency that has a direct interest in the matter, and any other body specified in the Statement of Intent, for comment within a period of 8 weeks (and if a response is not received by the council within this period then the council and the Minister may assume that the particular Department, agency or body does not desire to provide any comment); and
	(ii)	release the DPA for public consultation, in accordance with the regulations, over a period that is at least concurrent with the period that applies under subparagraph (i).
	(9)	Process C is as follows:
	(a)	the council must refer the DPA to any government Department or agency that has a direct interest in the matter, and any other body specified in the Statement of Intent, for comment within a period of 4 weeks (and if a response is not received by the council within this period then the council and the Minister may assume that the particular Department, agency or body does not desire to provide any comment);
	(b)	the council must release the DPA for public consultation, in accordance with the regulations, over a period that is at least concurrent with the period that applies under paragraph (a);
	(c)	the council must, at the time that the DPA is released for public consultation, give an owner or occupier of any land that will be directly subject to the operation of the amendment (if made) a written notice in accordance with the regulations.
	(10)	A council must not release a DPA for public consultation unless or until the chief executive officer of the council has, on behalf of the council, issued a certificate in the prescribed form relating to the extent to which the proposed amendment—
	(a)	implements the Planning Strategy; and
	(b)	accords with the Statement of Intent; and
	(c)	accords with other parts of the Development Plan; and
	(d)	complements the policies in the Development Plans for adjoining areas; and
	(e)	satisfies the matters prescribed in the regulations.
	(11)	In addition to any requirement prescribed by the regulations, a council must, for the purposes of undertaking the public consultation required above—
	(a)	allow interested person to make representations in writing to the council in relation to the matter over the period that applies for the purposes of the public consultation; and
	(b)	hold within its area at least 1 meeting where members of the public may attend and make representations in relation to the matter (although if no written representation under paragraph (a) indicates an interest to be heard, a meeting need not be held and, in a case where section 24(1b) applies, only 1 meeting need be held in the area of 1 relevant council); and
	(c)	appoint a committee (which may, but need not, include members of the council) to consider any representations made under paragraph (a) or (b) and to provide advice to the council in relation to these representations.
	(4)	Section 25(13)(a)—after "proposed amendment" insert:
(but these alterations cannot have effect until approved by the Minister under subsection (15))
	(5)	Section 25(14)(b)(ii)(A)—delete "accords with" and substitute:
implements
	(6)	Section 25(15)—delete "The Minister must" and substitute:
The Minister may
	(7)	Section 25(15)(b)—delete paragraph (b)
	(8)	Section 25(19)—delete "Plan Amendment Report" wherever occurring and substitute in each case:
DPA
	(9)	Section 25(19)—after paragraph (c) insert:
	(d)	to obtain the Minister's approval to the proposed amendment to the Development Plan within 5 years after agreement was reached on the relevant Statement of Intent,
	(10)	Section 25—after subsection (22) insert:
	(23)	If—
	(a)	the Minister proceeds to prepare an amendment to a Development Plan under section 24(1)(a)(iv) or (v); or
	(b)	the Minister (or officers of the Minister's department) are required to initiate or undertake additional work (including through the use of a third party) because the certification of the chief executive officer of the council under subsection (14)(b)(i) as to the form of an amendment is incorrect,
the Minister may require the relevant council to pay for any costs directly incurred by the Minister (or the Minister's department) in dealing with the matter.
	(24)	However, the Minister must not impose a requirement under subsection (23) unless the Minister has, by notice in writing to the council, given the council at least 6 weeks to make submissions in relation to the matter, and considered any submission received from the council within the period specified by the Minister.
	(25)	An amount payable under subsection (23) is recoverable by the Minister as a debt in a court of competent jurisdiction.
	(26)	If—
	(a)	the Minister is, under the terms of a Statement of Intent agreed between the Minister and a council, required to take particular action within a particular period; and
	(b)	the Minister fails to take that action within that period,
the Minister must furnish the council with a written statement relating to the matter (including reasons for the failure) and seek to come to a new agreement on the time within which action will be taken (if necessary or appropriate).
19—Insertion of section 25A
After section 25 insert:
25A—Heritage matters—council amendments
	(1)	Section 25 operates subject to the requirements of this section.
	(2)	If a council is considering an amendment to a Development Plan that may involve the designation of a place as a place of local heritage value then—
	(a)	the council must—
	(i)	before it finalises its DPA under section 25(3), engage a person who is recognised by the South Australian Heritage Council as being appropriately qualified for the purpose to undertake a heritage survey; and
	(ii)	subject to subsection (3), adopt the advice of that person as to whether or not a particular place should be listed as a place of local heritage value in the Development Plan (subject to the operation of section 25 and this section),
(although any advice as to the policies that should apply under the Development Plan in relation to such a place will be provided by the person who is providing advice to the council under section 25(4)); and
	(b)	subject to any exemption under subsection (8), the council must, before it releases the DPA for public consultation under section 25, apply to the Minister for a declaration under section 28 so that the amendment may come into operation on an interim basis under that section (and, if the DPA has been divided into parts under section 25(7) or (8), then only the part that relates to local heritage will be subject to this requirement).
	(3)	If—
	(a)	the person who has undertaken a heritage survey under subsection (2)(a) has advised the council that a particular place should be listed as a place of local heritage value; but
	(b)	the council believes that that place should not be so listed,
the council may, with the approval of the Minister, release the DPA for public consultation without that place being listed as a place of local heritage value.
	(4)	If a particular place is not listed in a proposed amendment to a Development Plan by virtue of the operation of subsection (3), the council must include a note on the matter (in accordance with any prescribed requirement) in the relevant DPA that is released for public consultation.
	(5)	If a proposed amendment to a Development Plan under section 25 (after taking into account any step that has been taken under subsection (3) of this section) designates a place—
	(a)	as a place of local heritage value; or
	(b)	as a place within a local heritage zone or policy area, or within any other prescribed kind of zone or policy area, that should be subject to additional heritage-related policies because of its contribution (or potential contribution) to the character of the zone or area,
the council must, at the time when the relevant DPA is released for public consultation, give each owner of land constituting the place so designated a written notice—
	(c)	informing the owner of the proposed amendment; and
	(d)	inviting the owner to make submissions on the amendment to the council within the period provided for public consultation under section 25.
	(6)	If an owner of land notified under  subsection (5) objects to the relevant amendment within the period provided for public consultation, the Minister may, after receiving the relevant report of the council under section 25(13)(a), refer the matter to the Advisory Committee for advice and report.
	(7)	If the Minister takes action under subsection (6), the owner of the land must be given a reasonable opportunity to make submissions to the Advisory Committee (in such manner as the Advisory Committee thinks fit) in relation to the matter before the Advisory Committee reports back to the Minister.
	(8)	The Minister may exempt a council from the requirement to comply with subsection (2)(b).
	(9)	To avoid doubt, if a council fails to comply with subsection (2)(b) (and the Minister has not granted an exemption), the Minister may proceed to make a declaration under section 28 in any event.
20—Amendment of section 26—Amendments by the Minister
	(1)	Section 26(1) to (7) (inclusive)—delete subsections (1) to (7) and substitute:
	(1)	If the Minister is considering an amendment to a Development Plan, the Minister must first prepare a proposal, to be called a "Development Plan Amendment" (or DPA), that complies with the following requirements:
	(a)	the DPA must be based on investigations initiated by the Minister for the purposes of this section;
	(b)	the DPA must include an assessment of the extent to which the proposed amendment—
	(i)	implements the Planning Strategy; and
	(ii)	accords with other parts of the Development Plan; and
	(iii)	complements the policies in Development Plans for adjoining areas; and
	(iv)	satisfies the requirements prescribed by the regulations;
	(c)	the DPA must include—
	(i)	an explanation of the proposed amendment and a summary of the major policy changes (if any) that are proposed; and
	(ii)	a summary of the conclusions drawn from the investigations and assessments referred to above; and
	(iii)	a draft of the amendment, or a draft of the relevant section of the Development Plan as amended (with the amendments shown in a distinctive manner); and
	(iv)	any other matter prescribed by the regulations.
	(2)	The DPA may incorporate any material prepared by a council under section 25 or 25A in relation to an amendment that was proposed under section 25.
	(3)	A DPA may only be prepared after the Minister has considered the advice of a person with prescribed qualifications.
	(4)	When the Minister has prepared a DPA in accordance with the preceding subsections, the DPA will be dealt with in accordance with process A, B or C, as described below, depending on the determination of the Minister.
	(5)	Process A is as follows:
	(a)	the Minister will first refer the DPA to any government Department or agency that, in the opinion of the Minister, has a direct interest in the matter (and any other body as the Minister thinks fit) for comment within the period prescribed by the regulations;
	(b)	the Minister will then consider the matter and any comment from a government Department, agency or other body to which the DPA has been referred, although if a response is not received by the Minister within the period that applies under paragraph (a), the Minister may assume that the particular Department, agency or other body does not desire to provide any comment;
	(c)	the Minister may then determine whether or not to alter the DPA;
	(d)	the Minister will then—
	(i)	refer the DPA to any council that, in the opinion of the Minister, has a direct interest in the matter for comment within a period of 8 weeks; and
	(ii)	release the DPA for public consultation, in accordance with the regulations, over a period that is at least concurrent with the period that applies under subparagraph (i).
	(6)	Process B is as follows:
	(a)	the Minister will refer the DPA to any government Department or agency, and any council, that, in the opinion of the Minister, has a direct interest in the matter (and any other body as the Minister thinks fit) for comment within a period of 8 weeks (and if a response is not received by the Minister within this period then the Minister may assume that the particular Department, agency, council or other body does not desire to provide any comment);
	(b)	the Minister will release the DPA for public consultation, in accordance with the regulations, over a period that is at least concurrent with the period that applies under paragraph (a).
	(7)	Process C is as follows:
	(a)	the Minister will refer the DPA to any government Department or agency, and any council, that, in the opinion of the Minister, has a direct interest in the matter (and any other body as the Minister thinks fit) for comment within a period of 4 weeks (and if a response is not received by the Minister within this period then the Minister may assume that the particular Department, agency, council or other body does not desire to provide any comment);
	(b)	the Minister will release the DPA for public consultation, in accordance with the regulations, over a period that is at least concurrent with the period that applies under paragraph (a);
	(c)	the Minister will, at the time that the DPA is released for public consultation, give an owner or occupier of any land that will be directly subject to the operation of the amendment (if made) a written notice in accordance with the regulations.
	(7a)	In addition to any requirement prescribed by the regulations, the Minister must, for the purposes of undertaking the public consultation required above—
	(a)	allow interested persons to make representations in writing to the Minister in relation to the matter over the period that applies for the purposes of public consultation; and
	(b)	ensure that at least 1 meeting is held where members of the public may attend and make representations in relation to the matter (although if no written representation under paragraph (a) indicates an interest to be heard, a meeting need not be held); and
	(c)	arrange for a committee of the Advisory Committee (which may, but need not, include members of the Advisory Committee) to consider any representations made under paragraph (a) or (b) and to provide advice to the Minister in relation to those representations.
	(7b)	The Minister may seek the advice of the Advisory Committee (or a committee of the Advisory Committee)—
	(a)	on any proposed alterations to the amendment; and
	(b)	on any other issue that should, in the opinion of the Minister, be referred to the Advisory Committee.
	(2)	Section 26(11)(a)—delete "(iva)" and substitute:
(iv), (iva) or (v)
	(3)	Section 26(11)(b)—delete "Plan Amendment Report" and substitute:
DPA
	(4)	Section 26(11)(c)—delete "Plan Amendment Report" and substitute:
DPA
	(5)	Section 26(11)(d)—delete "Plan Amendment Report" wherever occurring and substitute in each case:
DPA
	(6)	Section 26(11)(d)—after "section 25" insert:
(and section 25A (if relevant))
	(7)	Section 26(11)(e)—delete "Plan Amendment Report" wherever occurring and substitute in each case:
DPA
	(8)	Section 26(11)(f)—delete paragraph (f)
21—Insertion of section 26A
After section 26 insert:
26A—Heritage matters—Ministerial amendments
	(1)	Section 26 operates subject to the requirements of this section.
	(2)	If the Minister is considering an amendment to a Development Plan that may involve the designation of a place of local heritage value then the Minister must—
	(a)	before he or she finalises the relevant DPA under section 26(1), arrange for a person who is recognised by the South Australian Heritage Council as being appropriately qualified for the purpose to undertake a heritage survey; and
	(b)	adopt the advice of that person as to whether or not a particular place should be listed as a place of local heritage value in the Development Plan (subject to the operation of section 26 and this section), unless the Minister considers that there are cogent reasons for not adopting that advice (and subject to the qualification that any advice as to the policies that should apply under the relevant Development Plan in relation to any listed place will be provided by the person who is providing advice to the Minister under section 26(3)).
	(3)	If a particular place is not listed in a proposed amendment to a Development Plan despite the advice provided under subsection (2)(a), the Minister must include a note on the matter (in accordance with any prescribed requirement) in the relevant DPA that is released for public consultation.
	(4)	If a proposed amendment to a Development Plan under section 26 designates a place—
	(a)	as a place of local heritage value; or
	(b)	as a place within a local heritage zone or policy area, or within any other prescribed kind of zone or policy area, that should be subject to additional heritage-related policies because of its contribution (or potential contribution) to the character of the zone or area,
the Minister must, at the time when the relevant DPA is released for public consultation, give each owner of land constituting the place so designated a written notice—
	(c)	informing the owner of the proposed amendment; and
	(d)	inviting the owner to make submissions on the amendment within the period provided for public consultation under section 26.
	(5)	The Minister may then seek the advice of the Advisory Committee on any submission made under subsection (4).
22—Amendment of section 27—Parliamentary scrutiny
Section 27—after subsection (1) insert:
	(2)	An amendment under section 25 must be accompanied by a report from the Minister that sets out—
	(a)	the timelines that were agreed between the Minister and the council for the taking of each step in the process under that section (and section 25A (if relevant)), and any relevant timeline prescribed by the regulations; and
	(b)	the actual time taken for each such step; and
	(c)	a report on the reasons for any delays; and
	(d)	any other comment or material considered relevant by the Minister.
23—Amendment of section 28—Interim development control
	(1)	Section 28(1)—delete "the Governor" wherever occurring and substitute, in each case:
the Minister
	(2)	Section 28(1)—delete "Plan Amendment Report" and substitute:
DPA
	(3)	Section 28(4)(a)—delete "the Governor" and substitute:
the Minister
24—Amendment of section 29—Certain amendments may be made without formal procedures
	(1)	Section 29(2)—after paragraph (b) insert:
	(c)	in order to provide consistency between the Development Plan and any provision made by the regulations (including to provide information in the Development Plan that relates to the content or effect of any regulation).
	(2)	Section 29(3)—after paragraph (b) insert:
	(c)	in order to remove from the plan—
	(i)	a State heritage place or a local heritage place (as listed on the plan) that has been demolished; or
	(ii)	a regulated tree that has been removed.
	(3)	Section 29—after subsection (4) insert:
	(5)	The Minister may, by notice in the Gazette, amalgamate 2 or more Development Plans, and then make such consequential amendments as the Minister thinks fit to those Development Plans, so long as the Minister does not, in acting under this subsection, alter the effect of an underlying policy reflected in the Development Plans.
	(6)	The Minister may require a council to pay a fee determined by or under the regulations if the Minister amends a Development Plan under subsection (2)(b)(ii) because of an error contained in a report of the council under section 25.
	(7)	An amount payable under subsection (6) is recoverable by the Minister as a debt in a court of competent jurisdiction.
25—Substitution of Part 3 Division 2 Subdivision 3
Part 3 Division 2 Subdivision 3—delete Subdivision 3 and substitute:
Subdivision 3—Strategic Directions Reports
30—Strategic Directions Reports
	(1)	A council must, from time to time, in accordance with the requirements of this section, prepare a report under this section (a Strategic Directions Report) that—
	(a)	addresses the strategic planning issues within the area of the council, with particular reference to—
	(i)	the Planning Strategy; and
	(ii)	any other policy or document prescribed by the regulations; and
	(b)	addresses appropriate amendments to any Development Plan that applies within the area of the council; and
	(c)	sets out the council's priorities for—
	(i)	achieving sustainable development through the implementation of planning policies; and
	(ii)	the integration of transport and land-use planning within its area; and
	(iii)	implementing any affordable housing targets set out in the Planning Strategy; and
	(iv)	other projects or initiatives considered to be relevant by the council; and
	(d)	contains such other material as may be—
	(i)	prescribed by the regulations; or
	(ii)	required by the Minister; or
	(iii)	considered relevant by the council.
	(2)	A council must prepare and complete a report under this section—
	(a)	within 12 months after an alteration is made to the Planning Strategy if—
	(i)	the Minister declares, by notice in the Gazette, that the alteration is considered to be a significant alteration that should trigger a review of Development Plans, or specified Development Plans, under this section in relation to issues specified by the Minister; and
	(ii)	the Development Plan that applies in relation to its area (or a part of its area) falls within the ambit of the declaration; and
	(b)	in any event, within 5 years after the completion of the last report under this section.
	(3)	A council must, in connection with the preparation of a report under this section—
	(a)	by public advertisement, invite interested persons to make written submissions to the council within 2 months of the date of the advertisement or such longer period as may be allowed by the advertisement; and
	(b)	consult with any prescribed authority or body in the manner specified by the regulations.
	(4)	A council must, in connection with the operation of subsection (3), prepare and make available the documentation prescribed by the regulations.
	(5)	A council must give a person who makes a written response to an invitation under subsection (3)(a) an opportunity to appear personally or by representative before the council or a council committee and to be heard on those submissions.
	(6)	A council must, in preparing a report under this section—
	(a)	reach agreement with the Minister on a Statement of Intent with respect to any proposed amendments to a Development Plan that applies within the area of the council; and
	(b)	if relevant, prepare a DPA that is suitable for consideration under section 25(3).
	(7)	A council must furnish a report under this section to the Minister.
	(8)	The council must then, in accordance with any reasonable request of the Minister, enter into an agreement with the Minister on the steps that the council will take as a result of the matters contained in the report (and the report will not be taken to have been completed unless or until such an agreement is reached with the Minister).
	(9)	The Minister may, at the request of a council, exempt a council—
	(a)	from a requirement to prepare a particular report under this section; or
	(b)	from a particular requirement with respect to a report under this section,
if the Minister is satisfied—
	(c)	that the council has addressed, or has determined to address, any relevant issues through its strategic management plans under the Local Government Act 1999 and that, in the circumstances, it is reasonable to rely on those plans, and the procedures associated with those plans, to achieve the objects of this section; or
	(d)	that the council has taken other steps to ensure that its strategies and planning instruments, and especially the Development Plan or Plans that apply within the area of the council, are up-to-date; or
	(e)	that there is some other good reason to grant the exemption.
	(10)	The Minister may grant an exemption under subsection (9) subject to such conditions as the Minister thinks fit.
	(11)	A council must make copies of a report prepared under this section available for inspection (without charge) by the public at the principal office of the council.
	(12)	If a report proposes amendments to a Development Plan that applies within the area of the council, the council must ensure that it releases a DPA for public consultation under section 25 within the period prescribed by the regulations.
	(13)	Two or more councils may act under this section jointly (and, in such a case, this section will apply with any necessary modifications and 1 or more of the councils may act on behalf of, and with the agreement of, the other council or councils in undertaking any process or procedure under this section).
	(14)	A failure of a council to comply with this section cannot be taken to affect the validity of a Development Plan that applies in relation to the area (or a part of the area) of the council.
26—Insertion of section 31A
After section 31 insert:
31A—Investigations
	(1)	If the Minister has reason to believe that a council has failed to efficiently or effectively discharge—
	(a)	its responsibilities under section 25 or 25A with respect to the amendment (or possible amendment) of a Development Plan in a significant respect or to a significant degree; or
	(b)	its responsibilities under section 30 with respect to the preparation, completion or implementation of a Strategic Directions Report in a significant respect or to a significant degree,
then the Minister may appoint an investigator or investigators to carry out an investigation and to report on the matter.
	(2)	The Minister must, before making an appointment under subsection (1), give the council an opportunity to explain its actions, and to make submissions (including, if relevant, an indication of undertakings that the council is willing to give in order to take remedial action), to the Minister within a period (being at least 28 days) specified by the Minister.
	(3)	If the Minister decides to proceed under subsection (1), the Minister must consult with the President of the LGA with respect to the person or persons to be appointed to carry out the investigation.
	(4)	An investigator may, for the purposes of an investigation—
	(a)	require a member or employee of the council to answer, orally or in writing, questions put by the investigator to the best of his or her knowledge, information and belief;
	(b)	require a person to whom questions are put under paragraph (a) to verify the answers to those questions by declaration;
	(c)	require a person to produce for examination by the investigator books, papers or other records relevant to the subject matter of the investigation;
	(d)	retain books, papers or other records produced under paragraph (c) for such reasonable period as the investigator thinks fit and make copies of any of them or of any of their contents.
	(5)	Subject to subsection (8), a person who refuses or fails to comply with a requirement under subsection (4) is guilty of an offence.
Maximum penalty: $10 000.
	(6)	Subject to subsection (8), a person is not excused from answering a question or from producing books, papers or other records under this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.
	(7)	However, if compliance by a natural person with a requirement to answer a question or to produce a book, paper or other record might tend to incriminate the person or make the person liable to a penalty—
	(a)	in the case of a person who is required to produce a book, paper or record, the book, paper or record (as distinct from the contents of the book, paper or record); or
	(b)	in any other case, the answer given in compliance with the requirement,
is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).
	(8)	A person is not obliged to provide information under this section that is privileged on the ground of legal professional privilege.
	(9)	At the conclusion of an investigation, the investigator or investigators must present a written report to the Minister on the results of the investigation.
	(10)	The report may, if the investigator or investigators think fit, include recommendations to the Minister on what action (if any) should be taken in the circumstances.
	(11)	The Minister must supply the council with a copy of a report presented under subsection (9).
	(12)	The Minister may, on the basis of a report presented under subsection (9)—
	(a)	make recommendations to the council; or
	(b)	if the Minister considers that the council has failed to efficiently or effectively discharge—
	(i)	its responsibilities under section 25 or 25A with respect to the amendment (or possible amendment) of a Development Plan in a significant respect or to a significant degree; or
	(ii)	its responsibilities under section 30 with respect to the preparation, completion or implementation of a Strategic Directions Report in a significant respect or to a significant degree,
give directions to the council to take specified action with a view to rectifying the matter or to preventing a recurrence of any failure.
	(13)	The Minister must, before taking action under subsection (12), give the council an opportunity to make submissions to the Minister on the report on which the action is based within a period (being at least 28 days) specified by the Minister.
	(14)	If—
	(a)	the Minister makes a recommendation to the council under subsection (12)(a); and
	(b)	the Minister subsequently considers that the council has not, within a reasonable period, taken appropriate action in view of the recommendation,
the Minister may, after consultation with the council, give directions to it.
	(15)	The council must comply with a direction under subsection (12) or (14).
	(16)	No action in defamation lies in respect of the contents of a report under this section.
	(17)	Nothing in this section limits or affects—
	(a)	the ability of the Minister to take action under another section of this Act; or
	(b)	the operation of Chapter 13 Part 3 of the Local Government Act 1999.
27—Amendment of section 33—Matters against which a development must be assessed
	(1)	Section 33(1)(a)—delete "provisional"
	(2)	Section 33(1)(b)—delete "provisional"
	(3)	Section 33(1)(c)—delete "by strata plan"
	(4)	Section 33(1)(d)—delete "by strata plan"
	(5)	Section 33(1)(d)(v)—delete "by strata plan" and substitute:
in the proposed manner
	(6)	Section 33(1)(d)—after subparagraph (v) insert:
	(va)	the division of land under the Community Titles Act 1996 or the Strata Titles Act 1988 is appropriate having regard to the nature and extent of the common property that would be established by the relevant scheme;
	(7)	Section 33(3)—delete "provisional"
28—Amendment of section 34—Determination of relevant authority
	(1)	Section 34(1)(ab)—delete paragraph (ab) and substitute:
	(ab)	where the proposed development is to be undertaken within an area of the State in relation to which a regional development assessment panel has been constituted (see subsection (3)) and one (or more) of the following paragraphs apply:
	(i)	the proposed development is development of a prescribed class;
	(ii)	the Minister, acting at the request of a council, declares, by notice in writing served personally or by post on the proponent, that the Minister desires the regional development assessment panel to act as the relevant authority in substitution for the council;
	(iii)	the Minister declares, by notice in writing served personally or by post on the proponent, and sent to the relevant council within 5 business days after the declaration is made, that the Minister desires the regional development assessment panel to act as (or to become) the relevant authority for the proposed development in substitution for the council because—
	(A)	in the Minister's opinion the council has demonstrated a potential conflict of interest in the assessment of the development because of a publicly stated position on the particular development; or
	(B)	in the Minister's opinion the proposed development would have significant impact beyond the boundaries of the council area in which the relevant land is situated; or
	(C)	the council has failed to deal with an application for development authorisation for the development within the time prescribed under section 41,
then, subject to paragraph (b), the regional development assessment panel is the relevant authority;
	(2)	Section 34(1a)—delete subsection (1a) and substitute:
	(1a)	Where the Minister has made a declaration under subsection (1)(ab)(iii) or (b)(vi)—
	(a)	—
	(i)	the relevant council (in a case under subsection (1)(ab)(iii)); or
	(ii)	the relevant council or regional development assessment panel (in a case under subsection (1)(b)(vi)),
must prepare and provide a report, and deal with any relevant documentation that has been lodged or prepared in relation to the application, in accordance with the requirements of the regulations; and
	(b)	—
	(i)	the regional development assessment panel (in a case under subsection (1)(ab)(iii)); or
	(ii)	the Development Assessment Commission (in a case under subsection (1)(b)(vi)),
may continue to deal with the relevant application from the stage that had been reached immediately before the making of the declaration (and, for that purpose, may adopt any determination or continue any process or procedure made or commenced before the declaration).
	(3)	Section 34(2)—after "for the purposes of this Act" insert:
and, subject to any provision made by the regulations, to be the relevant authority to determine whether the development should be approved
	(4)	Section 34(3)—delete subsection (3) and substitute:
	(3)	The Governor may, for the purposes of this section, by regulation, constitute a regional development assessment panel in relation to an area or areas of the State comprising parts or all of the areas of 2 or more councils and, if the regulation so provides, a part or parts of the State that are not within the area of a council.
	(5)	Section 34(4)(a) and (b)—delete paragraphs (a) and (b) and substitute:
	(a)	except to the extent provided by another subsection, the membership of a regional development assessment panel, including—
	(i)	the number of members; and
	(ii)	the procedures to be followed with respect to the appointment of members; and
	(iii)	conditions of appointment of members, or the method by which those conditions will be determined; and
	(iv)	the appointment of deputy members; and
	(v)	the circumstances where the office of a member will become vacant;
	(6)	Section 34(5) and (6)—delete subsections (5) and (6) and substitute:
	(5)	Subject to this section, the following provisions will apply in relation to the constitution and membership of a regional development assessment panel:
	(a)	the presiding member will be appointed by the councils for the areas in relation to which the panel is constituted in accordance with a scheme set out in the relevant regulations taking into account the following requirements:
	(i)	the presiding member must not be a member of a council or an officer of a council for the areas in relation to which the panel is constituted;
	(ii)	the presiding member must be a fit and proper person to be a member of a regional development assessment panel;
	(iii)	subject to any provision made by the regulations, the presiding member must be a person who is determined by the councils to have a reasonable knowledge of the operation and requirements of this Act, and appropriate qualifications or experience in a field that is relevant to the activities of the panel;
	(iv)	the concurrence of the Minister is required before a presiding member is appointed and in determining whether to give his or her concurrence the Minister must have regard to any material provided by the councils with respect to their assessment of the person taking into account the requirements referred to above;
	(b)	the remaining members of the panel will be persons appointed by the councils for the areas in relation to which the panel is constituted in accordance with a scheme set out in the relevant regulations taking into account the following requirements:
	(i)	up to half of the remaining members may comprise:
	(A)	council members; or
	(B)	officers of the councils for the areas in relation to which the panel is constituted (although any such officer may only be a member of the panel if his or her council has taken steps to ensure that the officer is not directly involved in the assessment of applications under this Act (other than as a member of a panel), or in the preparation of any council report to the panel on the assessment of particular applications),
(in any combination);
	(ii)	with respect to the members of the panel who are not within the ambit of subparagraph (i):
	(A)	each must be a fit and proper person to be a member of a regional development assessment panel; and
	(B)	subject to any provision made by the regulations, each must be a person who is determined by the councils to have a reasonable knowledge of the operation and requirements of this Act, and appropriate qualifications or experience in a field that is relevant to the activities of the panel; and
	(C)	the qualifications and experience of these members, when considered in conjunction with the qualifications and experience of the presiding member, must provide a reasonable balance across the fields that are relevant to the activities of the panel; and
	(D)	the concurrence of the Minister is required before a member is appointed by the councils and in determining whether to give his or her concurrence the Minister must have regard to any material provided by the councils with respect to their assessment of the person taking into account the requirements referred to above;
	(c)	the councils for the areas in relation to which the panel is constituted should ensure—
	(i)	that at least 1 member of the panel is a woman and at least 1 member is a man; and
	(ii)	that, as far as practicable, the panel consists of equal numbers of men and women;
	(d)	the term of office of a member will be for a period, not exceeding 3 years, determined by the councils for the areas in relation to which the panel is constituted (and, at the expiration of a term of appointment, a member is eligible for reappointment);
	(e)	the councils for the areas in relation to which the panel is constituted may remove a member of the panel from office for—
	(i)	breach of, or failure to comply with, the conditions of appointment; or
	(ii)	misconduct; or
	(iii)	neglect of duty; or
	(iv)	incapacity to carry out satisfactorily the duties of his or her office; or
	(v)	failure to carry out satisfactorily the duties of his or her office; or
	(vi)	breach of, or failure to comply with, a code of conduct under Part 2 Division 5, or failure to comply with a requirement under subsection (6e)or  (7).
	(6)	A reference to an officer of a council under subsection (5) will be taken to include a reference to a person who is a consultant engaged by the relevant council.
	(6a)	A member of a regional development assessment panel appointed under subsection (5)(b)(ii) may not be removed under subsection (5)(e) except with the concurrence of the Minister.
	(6b)	A member of a regional development assessment panel whose term of office expires may nevertheless continue to act as a member, for a period of up to 6 months, until he or she is reappointed or a successor is appointed (as the case may be).
	(6c)	A member of a regional development assessment panel will be appointed by notice published in the Gazette.
	(6d)	The members of a regional development assessment panel will appoint the deputy presiding member of the panel.
	(6e)	A member of a regional development assessment panel who is not a member of a council must disclose his or her financial interests in accordance with Schedule 2.
	(7)	Section 34(7)(b)—delete paragraph (b) and substitute:
	(b)	must not take part in any hearings conducted by the panel, or in any deliberations or decision of the panel, on the matter and must be absent from the meeting when any deliberations are taking place or decision is being made.
	(8)	Section 34(7)—at the foot of subsection (7) insert:
Maximum penalty: Division 4 fine.
	(9)	Section 34—after subsection (8) insert:
	(8a)	The provisions of Chapter 13 Part 1 of the Local Government Act 1999 extend to regional development assessment panels and to the members of regional development assessment panels as if—
	(a)	a reference to a member of a council were a reference to a member of a regional development assessment panel; and
	(b)	a reference to section 74 of that Act were a reference to subsections (7) and (8) of this section; and
	(c)	a reference to any office under the Local Government Act 1999 were a reference to the office of a member of a regional development assessment panel under this Act; and
	(d)	a reference to a council were a reference to a regional development assessment panel; and
	(e)	a reference to a public official included a reference to a public officer of a regional development assessment panel appointed under subsection (18e) of this section.
	(10)	Section 34(12)(a)—delete paragraph (a) and substitute:
	(a)	during so much of a meeting as is necessary to receive, discuss or consider in confidence any of the following information or matters:
	(i)	information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead);
	(ii)	information the disclosure of which—
	(A)	could reasonably be expected to confer a commercial advantage on a person, or to prejudice the commercial position of a person; and
	(B)	would, on balance, be contrary to the public interest;
	(iii)	information the disclosure of which would reveal a trade secret;
	(iv)	commercial information of a confidential nature (not being a trade secret) the disclosure of which—
	(A)	could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and
	(B)	would, on balance, be contrary to the public interest;
	(v)	matters affecting the safety or security of any person or property;
	(vi)	information the disclosure of which could reasonably be expected to prejudice the maintenance of law, including by affecting (or potentially affecting) the prevention, detection or investigation of a criminal offence, or the right to a fair trial;
	(vii)	matters that must be considered in confidence in order to ensure that the panel does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty;
	(viii)	legal advice;
	(ix)	information relating to actual litigation, or litigation that the panel believes on reasonable grounds will take place;
	(x)	information the disclosure of which—
	(A)	would divulge information provided on a confidential basis by or to a Minister of the Crown, or another public authority or official (not being an employee of a council, or a person engaged by a council); and
	(B)	would, on balance, be contrary to the public interest; or
	(11)	Section 34—after subsection (18) insert:
	(18a)	A quorum at a meeting of a regional development assessment panel is a number ascertained by dividing the total number of members of the panel for the time being in office by 2, ignoring any fraction resulting from the division, and adding 1.
	(18b)	Each member of a regional development assessment panel present at a meeting of the panel is entitled to 1 vote on any matter arising for decision and, if the votes are equal, the member presiding at the meeting is entitled to a second or casting vote.
	(18c)	Subject to this Act, the procedures to be observed in relation to the conduct of the business of a regional development assessment panel will be—
	(a)	as prescribed by regulation; or
	(b)	insofar as a procedure is not prescribed under paragraph (a)—as determined by the panel.
	(18d)	In addition to its functions as a relevant authority under this Act, a regional development assessment panel may, as it thinks fit, provide advice and reports to any council for the areas in relation to which the panel is constituted on trends, issues and other matters relating to planning or development that have become apparent or arisen through its assessment of applications under this Act.
	(18e)	Each regional development assessment panel must have a public officer (who must not be a member of the panel) appointed by the panel.
	(18f)	A regional development assessment panel must, on appointing a public officer, ensure that notice of the appointment (including the public officer's name and contact details) is published in the Gazette.
	(18g)	The functions of a public officer include ensuring the proper investigation of complaints about the conduct of a member of the relevant regional development assessment panel (but nothing in this section prevents a person making a complaint to the Ombudsman at any time under the Ombudsman Act 1972 or the public officer referring a complaint to another person or authority for investigation or determination).
	(18h)	If any council for the area in relation to which a regional development assessment panel is constituted fails to meet any responsibility for the costs or other liabilities associated with the panel and, as a result, the Minister incurs any costs or expenses, the Minister may recover the amount of those costs or expenses from the council as a debt in a court of competent jurisdiction.
	(12)	Section 34(19)(a)—delete "subsection (3) or (4)" and substitute:
subsection (3), (4) or (5) (and make any provision necessary or expedient on account of the variation)
	(13)	Section 34(20), (21) and (22)—delete subsections (20), (21) and (22) and substitute:
	(20)	The Minister must, at least 2 months before a regulation is made under subsection (3), (4), (5) or (19), inform the councils for the relevant areas of the relevant proposal and give the councils a reasonable opportunity to make submissions in relation to the matter.
	(21)	Subsection (20) does not apply if the regulation is being made at the request of the relevant councils.
	(22)	A council must delegate its powers and functions as a relevant authority with respect to determining whether or not to grant development plan consent under this Act to—
	(a)	its council development assessment panel; or
	(b)	a person for the time being occupying a particular office or position (but not including a person who is a member of the council); or
	(c)	a regional development assessment panel (if such a delegation is consistent with the extent to which the panel may act under the provisions of the regulations constituting the panel and in addition to the operation of subsection (1)(ab)).
	(23)	A council may, in connection with the operation of subsection (22)—
	(a)	make a series of delegations according to classes of development; and
	(b)	vary any delegation from time to time,
but a council cannot at any time—
	(c)	act in its own right in a matter that is subject to delegation under that subsection; or
	(d)	give a direction with respect to the exercise or performance of a power or function under the delegation.
	(24)	A delegation under subsection (22), or the variation of a delegation under subsection (23), will not—
	(a)	affect any application lodged under this Act before the making of the delegation; or
	(b)	affect any right or power created, established or exercisable before the making of the delegation; or
	(c)	affect any action, legal proceedings or remedy that may be taken, pursued or enforced on account of any application lodged under this Act before the making of the delegation.
	(25)	A power or function delegated under subsection (22) may be further delegated (and any such further delegation may be made subject to specified conditions and limitations, is revocable at will and will not derogate from the power of the panel or person making the delegation to act in any matter).
	(26)	If—
	(a)	the Governor has constituted, or is proposing to constitute, a regional development assessment panel under this section; and
	(b)	the Minister considers—
	(i)	that the relevant councils have failed to appoint some or all of the members required to constitute the panel within a reasonable time; or
	(ii)	that differences between the Minister and the relevant councils as to the membership of the panel have not been resolved within a reasonable time, 
then—
	(c)	despite any other provision of this section, the Minister may appoint some or all of the members of the panel in order to resolve the matter; and
	(d)	this section will apply in relation to the panel subject to any modifications or exclusions made by regulations made by the Governor on the recommendation of the Minister.
29—Amendment of section 35—Special provisions relating to assessment against a Development Plan
	(1)	Section 35(1)—delete "provisional"
	(2)	Section 35(3)—delete "provisional"
	(3)	Section 35(3)(b)—delete paragraph (b) and substitute:
	(b)	in any other case—
	(i)	unless subparagraph (ii) applies—the Development Assessment Commission;
	(ii)	in prescribed circumstances—a regional development assessment panel,
concurs in the granting of the consent.
	(4)	Section 35(4)(a)—delete "this section" and substitute:
this Act at any stage in the process (including in the circumstances envisaged by section 39(4) and including without hearing (or further hearing) from the applicant)
	(5)	Section 35—after subsection (4) insert:
	(5)	A development that is of a kind described as a prohibited development under the regulations must not be granted development plan consent unless—
	(a)	where the relevant authority is the Development Assessment Commission or a regional development assessment panel—each of the following concur in the granting of the consent:
	(i)	if the development is to be undertaken in the area of a council—that council;
	(ii)	the Minister;
	(iii)	the Environment, Resources and Development Committee of the Parliament;
	(b)	in any other case—each of the following concur in the granting of the consent:
	(i)	the Development Assessment Commission or, in prescribed circumstances, a regional development assessment panel determined in accordance with the regulations;
	(ii)	the Minister;
	(iii)	the Environment, Resources and Development Committee of the Parliament.
	(6)	For the purposes of subsection (5)—
	(a)	the concurrence of a council is not required under subsection (5)(a)(i) if the Development Assessment Commission is the relevant authority by virtue of the operation of section 34(1)(b)(ii), (iii) or (vi)(A);
	(b)	subject to paragraph (a), the proposed development must first be referred to the body referred to in subparagraph (i) of paragraph (a) or (b) of that subsection (as the case requires) for consideration;
	(c)	if or when a concurrence is received in the circumstances contemplated by paragraph (b), the proposed development must be referred by the relevant authority to the Minister for consideration;
	(d)	if or when the Minister concurs with the granting of a consent, the Minister must refer the matter to the Environment, Resources and Development Committee;
	(e)	the Minister must, when referring a matter under paragraph (d), furnish to the Environment, Resources and Development Committee a report outlining the Minister's reasons for concurring with the granting of a consent;
	(f)	the Environment, Resources and Development Committee must, after receipt of a matter under paragraph (d) and a report under paragraph (e)—
	(i)	resolve to concur with the granting of a consent; or
	(ii)	resolve to suggest amendments to the conditions of any consent (including by the imposition of new conditions) and, subject to those amendments being made, to concur with the granting of a consent; or
	(iii)	resolve not to concur with the granting of a consent;
	(g)	if, at the expiration of 28 days from the day on which a matter was referred to the Environment, Resources and Development Committee, the Committee has not made a resolution under paragraph (f), it will be conclusively presumed that the Committee concurs with the granting of consent and does not itself propose to suggest any amendments to the conditions of any consent;
	(h)	if an amendment is suggested under paragraph (f), the Environment, Resources and Development Committee must give—
	(i)	the council for the area in which the development would be undertaken; and
	(ii)	the Development Assessment Commission or, in prescribed circumstances, a regional development assessment panel; and
	(iii)	the Minister,
at least 28 days to make submissions in relation to the matter and must then—
	(iv)	confirm its original resolution; or
	(v)	make another resolution in substitution for its original resolution,
and then the resolution having effect under subparagraph (iv) or (v) will determine the matter.
	(7)	If a development is of a kind described as a prohibited development under regulations, no appeal lies against—
	(a)	a refusal of consent or concurrence under this Act at any stage in the process (including in the circumstances envisaged by section 39(4) and including without hearing (or further hearing) from the applicant); or
	(b)	a decision to grant development plan consent after compliance with the requirements of this section; or
	(c)	a condition attached to a consent or approval.
	(8)	To avoid doubt, nothing in a preceding subsection prevents a relevant authority refusing at any time to grant a development authorisation with respect to a non-complying or prohibited development.
	(9)	A proposed development that does not fall into a category of development mentioned in a preceding subsection will be merit development (and any such development must be assessed on its merit taking into account the provisions of the relevant Development Plan).
30—Amendment of section 36—Special provisions relating to assessment against the Building Rules
	(1)	Section 36(1)—delete "provisional"
	(2)	Section 36—after subsection (1) insert:
	(1a)	Any building work that falls within an exception prescribed under subsection (1) and that is identified by the regulations for the purposes of this subsection must not be granted a building rules consent unless the Building Rules Committee concurs in the granting of the consent.
	(3)	Section 36(2)—delete "provisional"
	(4)	Section 36(2)(a)—delete "Building Rules Assessment Commission" and substitute:
Building Rules Committee
	(5)	Section 36(2a)(a)—delete "Building Rules Assessment Commission" and substitute:
Building Rules Committee
	(6)	Section 36(2a)(b)—delete "provisional"
	(7)	Section 36(2a)(b)—delete "Building Rules Assessment Commission" and substitute:
Building Rules Committee
	(8)	Section 36(2b)—delete "Building Rules Assessment Commission" and substitute:
Building Rules Committee
	(9)	Section 36(3)(b)—delete "provisional"
	(10)	Section 36(3a)—delete "Building Rules Assessment Commission" and substitute:
Building Rules Committee
	(11)	Section 36(7)—delete "provisional"
31—Insertion of section 37AA
After section 37 insert:
37AA—Preliminary advice and agreement
	(1)	A person may seek to obtain the agreement of a prescribed body under section 37 in relation to proposed development before lodging an application for development plan consent with respect to the development.
	(2)	If—
	(a)	a proposed development is referred to a prescribed body under subsection (1); and
	(b)	the prescribed body agrees to consider the matter under this section after taking into account any matter prescribed by the regulations; and
	(c)	the prescribed body agrees to the development in the manner prescribed by the regulations,
then, subject to subsection (4)—
	(d)	if an application for development plan consent with respect to the development is lodged with the relevant authority within 3 months after the prescribed body agreed to the development; and
	(e)	if the relevant authority is satisfied that the application accords with the agreement reached with the prescribed body (taking into account the terms of that agreement and any relevant plans and other documentation),
the application will not be referred to the prescribed body under section 37.
	(3)	A prescribed body under section 37 may, in connection with the operation of subsections (1) and (2)—
	(a)	require the payment of a fee prescribed by the regulations (if the prescribed body agrees to consider the matter under subsection (2)(b)); and
	(b)	in relation to the proposed development—exercise any power (including the power to impose conditions) that it would be able to exercise if the development were to be referred to it under section 37.
	(4)	Any agreement reached under this section will cease to have effect (and an application will need to be referred to a prescribed body under section 37 despite the operation of subsection (2)) if the relevant authority determines that the agreement is no longer appropriate due to the operation of section 53.
32—Amendment of section 38—Public notice and consultation
	(1)	Section 38(1)—delete "There will be three" and substitute:
Subject to this section, there will be 4
	(2)	Section 38(1)—after paragraph (a) insert:
	(ab)	Category 2A development; and
	(3)	Section 38(2)—delete subsection (2) and substitute:
	(2)	Subject to subsections (2a) and (2b), the following provisions apply in relation to the assignment of developments to those categories:
	(a)	the regulations or a Development Plan may assign a form of development to Category 1 or to Category 2 and if a particular form of development is assigned to a category by both the regulations and a Development Plan, the assignment provided by the Development Plan will, to the extent of any inconsistency, prevail within the area to which the Development Plan relates (but an assignment to Category 1 under this paragraph will be subject to the operation of paragraph (b)); and
	(b)	Category 2A development is any form of development that would, but for this paragraph and subsection (2b), be assigned to Category 1 but that is to be taken to be categorised as Category 2A development because the development—
	(i)	involves building work along the whole or a part of the boundary of the relevant site (disregarding any building work constituted by the construction of a fence that does not constitute development under this Act or that is excluded from the ambit of this subparagraph by the regulations) and an allotment on the other side of the boundary is being used for residential purposes; or
	(ii)	involves a prescribed kind of use of land where the use is proposed to be undertaken within a building within a prescribed distance from a boundary of the relevant site; or
	(iii)	is another kind of development prescribed by the regulations for the purposes of this paragraph; and
	(c)	any development that is not assigned to a category under paragraph (a) or (b) will be taken to be a Category 3 development for the purposes of this section.
	(4)	Section 38—after subsection (2a) insert:
	(2b)	The assignment of a form of development to Category 2A does not extend to—
	(a)	development of a kind described as a complying development under the regulations or the relevant Development Plan; or
	(b)	development that would otherwise be within the ambit of subparagraph (i) of paragraph (b) of subsection (2) (and no other subparagraph) where the boundary, or the part of the boundary, that is relevant under that subparagraph is wholly within a scheme of community division under the Community Titles Act 1996 or a strata scheme under the Strata Titles Act 1988 (and accordingly does not form any part of the outside boundary of such a scheme); or
	(c)	development of a kind excluded from the ambit of Category 2A by the regulations (including regulations which exclude all development within a prescribed area from the ambit of Category 2A).
	(2c)	For the purposes of subsection (2)(b), building work will be taken to be along a boundary if there is no set-back or separation from that boundary.
	(5)	Section 38—after subsection (3) insert:
	(3a)	Where a person applies for a consent in respect of the Development Plan for a Category 2A development—
	(a)	the relevant authority must, subject to any exclusion or qualification prescribed by the regulations—
	(i)	give an owner or occupier of land on the other side of the relevant boundary (being, in a case where subsection (2)(b)(i) applies, an owner or occupier of the allotment being used for residential purposes) notice of the application; and
	(ii)	give consideration to any representations in writing made by any owner or occupier of that land in accordance with the regulations; and
	(iii)	forward to the applicant a copy of any representations that the relevant authority must consider under subparagraph (ii) and allow the applicant an opportunity to respond, in writing, to those representations within the period prescribed by the regulations; and
	(b)	if a representation is received under paragraph (a) within the prescribed number of days, the relevant authority may, in its absolute discretion, allow the owner or occupier to appear personally or by representative before it to be heard in support of the representation.
	(6)	Section 38(6)(d)—delete "provisional"
	(7)	Section 38(7)—delete "Where" and substitute:
Subject to subsection (17), where
	(8)	Section 38—after subsection (16) insert:
	(17)	Where a relevant authority is acting under this section in relation to a Category 2A or Category 2 development, a representation made by a person who is not entitled to be given notice of the relevant application under this section is not required to be taken into account under this section and will not have effect for any relevant purpose under this section.
	(18)	In addition, a representation that is not made in accordance with any requirement prescribed by the regulations for the purposes of this section is not required to be taken into account under this section and will not have effect for any relevant purpose under this section (including, in the case of a Category 3 development, in connection with the operation of subsection (12)).
33—Amendment of section 39—Application and provision of information
	(1)	Section 39(1a)—delete "significant tree" and insert:
regulated tree
	(2)	Section 39(4)—after paragraph (d) insert:
	(e)	refuse an application that relates to a development of a kind that is described as a prohibited development under the regulations without proceeding to make an assessment of the application;
	(f)	if there is an inconsistency between any documents lodged with the relevant authority for the purposes of this Division (whether by an applicant or any other person), or between any such document and a development authorisation that has already been given that is relevant in the circumstances, return or forward any document to the applicant or to any other person and determine not to finalise the matter until any specified matter is resolved, rectified or addressed;
	(g)	with the agreement of the relevant parties, undertake or initiate a process involving mediation between the relevant parties with a view to resolving an objection or dispute that has arisen with respect to the assessment of the application;
	(h)	take any other action prescribed by the regulations, or as it thinks fit, in connection with the operation of this Division.
	(3)	Section 39—after subsection (5) insert:
	(5a)	For the purposes of subsection (4)(g), the relevant parties in relation to an application are:
	(a)	the applicant; and
	(b)	any prescribed body to which the application has been referred under section 37, other than such a body that has indicated (or that is taken to have indicated) in accordance with the regulations that it does not need to be further involved in the matter; and
	(c)	any person who was entitled to be given notice of the application under section 38 and who, in accordance with that section, made a written representation to the relevant authority, other than such a person who has indicated (or who is taken to have indicated) in accordance with the regulations that he or she does not have any further interest in the matter; and
	(d)	the relevant authority (being, in the case of a council, the panel or person acting as a delegate of the council).
	(4)	Section 39(6)—delete "subsection (7)" and substitute:
this section
	(5)	Section 39(6)—after "this Act" insert:
(including by seeking the variation of a condition imposed with respect to the development authorisation)
	(6)	Section 39(7)(b)—delete paragraph (b) and substitute:
	(b)	will, for the purposes of this Part, but subject to subsection (7a) and any exclusion or modification prescribed by the regulations, to the extent of the proposed variation, be treated as a new application for development authorisation; and
	(c)	unless otherwise approved by the relevant authority, cannot seek to extend the period for which the relevant authorisation remains operative.
	(7)	Section 39—after subsection (7) insert:
	(7a)	An application to vary a condition imposed with respect to a development authorisation need not be treated as a new application for development authorisation if the relevant authority is satisfied that the essential nature of the proposed development is not to be changed.
	(7b)	In addition, the variation of a development authorisation on application under subsection (6)—
	(a)	cannot have effect so as to impose a new condition, or to vary an existing condition, with respect to a matter that does not fall within the ambit of the application for variation; and
	(b)	cannot affect the operation of a condition imposed with respect to the original authorisation unless the relevant authority has made specific provision for the variation of the condition in its decision on the application for variation.
34—Amendment of section 41—Time within which decision must be made
Section 41(3)—delete subsection (3) and substitute:
	(3)	If the Court makes an order under subsection (2), the Court should also order the relevant authority to pay the applicant's costs of the proceedings unless the Court is satisfied—
	(a)	that the delay is not attributable to an act or omission of the relevant authority; or
	(b)	that the delay is attributable to a decision of the relevant authority not to deal with the application within the relevant time because—
	(i)	it appeared to the relevant authority that there had been a failure to comply with a requirement prescribed by or under this Act; or
	(ii)	the relevant authority was not provided with appropriate documentation or information relevant to making a decision under this Act; or
	(iii)	the relevant authority believed, on other reasonable grounds, that it was not appropriate to decide the matter in the particular circumstances; or
	(c)	that an order for costs should not be made for some other reason.
35—Amendment of section 45—Offences relating specifically to building work
	(1)	Section 45—after subsection (2) insert:
	(2a)	If—
	(a)	any item or materials incorporated into any building through the performance of any building work do not comply with the Building Rules (as modified under this Act and subject to any variation allowed under section 36); and
	(b)	the failure to comply is attributable (wholly or in part) to an act or omission of a person who designed, manufactured, supplied or installed the item or materials, being an act or omission occurring where it was reasonably foreseeable that the item or materials would be required to comply with the Building Rules,
then that person will be guilty of an offence.
Penalty: Division 4 fine.
	(2b)	The fact that a person may have (or has) committed an offence against subsection (2a) does not affect the requirements imposed on a person by subsections (1) and (2).
	(2)	Section 45—after subsection (3) insert:
	(4)	In this section—
item includes any component, fitting, connection, mounting or accessory.
36—Amendment of section 45A—Investigation of development assessment performance
	(1)	Section 45A(2)—delete subsection (2) and substitute:
	(2)	The Minister must, before making an appointment under subsection (1), give the relevant authority an opportunity to explain its actions, and to make submissions (including, if relevant, an indication of undertakings that the relevant authority is willing to give in order to take remedial action), to the Minister within a period (being at least 28 days) specified by the Minister.
	(2a)	If the Minister decides to proceed under subsection (1) in relation to a council, the Minister must consult with the President of the LGA with respect to the person or persons to be appointed to carry out the investigation.
	(2)	Section 45A(12)—delete subsection (12) and substitute:
	(12)	The Minister must, before taking action under subsection (11), give the relevant authority an opportunity to make submissions to the Minister on the report on which the action is based within a period (being at least 28 days) specified by the Minister.
37—Amendment of section 46—Declaration by Minister
	(1)	Section 46—after subsection (1) insert:
	(1a)	A development or project may be considered to be of major environmental, social or economic importance due to the fact that the cumulative effect of the development or project, when considered in conjunction with any other development, project or activity already being undertaken or carried on, or proposed to be undertaken or carried on, at or within the vicinity of the relevant site, gives rise to issues of major environmental, social or economic importance.
	(2)	Section 46(5)(e)—delete "Major Developments Panel" and substitute:
Development Assessment Commission
	(3)	Section 46(7)—delete "Major Developments Panel" wherever occurring and substitute in each case:
Development Assessment Commission
	(4)	Section 46(8)—delete subsection (8)
	(5)	Section 46(9)—delete "Major Developments Panel" and substitute:
Development Assessment Commission
	(6)	Section 46(10)—delete "Major Developments Panel" and substitute:
Development Assessment Commission
	(7)	Section 46(11)—delete "Major Developments Panel" wherever occurring and substitute in each case:
Development Assessment Commission
	(8)	Section 46(12)—delete "Major Developments Panel" and substitute:
Development Assessment Commission
	(9)	Section 46(13)(b)(i)—delete "Major Developments Panel's" and substitute:
Development Assessment Commission's
	(10)	Section 46(13)(b)(ii)—delete "Major Developments Panel" and substitute:
Development Assessment Commission
	(11)	Section 46(14)—delete "Major Developments Panel" and substitute:
Development Assessment Commission
	(12)	Section 46(15)—delete "Major Developments Panel" and substitute:
Development Assessment Commission
38—Repeal of section 46A
Section 46A—delete the section
39—Amendment of section 46B—EIS process—Specific provisions
	(1)	Section 46B(3)—delete "Major Developments Panel" and substitute:
Development Assessment Commission
	(2)	Section 46B(9)—after paragraph (c) insert:
	(ca)	a report on any changes to the relevant Development Plan between the date of the Minister's declaration under section 46 and the preparation of the Assessment Report that may, in the opinion of the Minister, be relevant to the Governor's decision on any relevant development under section 48; and
40—Amendment of section 46C—PER process—Specific provisions
	(1)	Section 46C(3)—delete "Major Developments Panel" and substitute:
Development Assessment Commission
	(2)	Section 46C(9)—after paragraph (c) insert:
	(ca)	a report on any changes to the relevant Development Plan between the date of the Minister's declaration under section 46 and the preparation of the Assessment Report that may, in the opinion of the Minister, be relevant to the Governor's decision on any relevant development under section 48; and
41—Amendment of section 46D—DR process—Specific provisions
	(1)	Section 46D(3)—delete "Major Developments Panel" and substitute:
Development Assessment Commission
	(2)	Section 46D(8)—after paragraph (c) insert:
	(ca)	a report on any changes to the relevant Development Plan between the date of the Minister's declaration under section 46 and the preparation of the Assessment Report that may, in the opinion of the Minister, be relevant to the Governor's decision on any relevant development under section 48; and
42—Amendment of section 48—Governor to give decision on development
	(1)	Section 48—after subsection (5) insert:
	(5a)	Despite section 53, the Governor may, in having regard to a Development Plan under subsection (5)(a), take into account any changes to the Development Plan that have been reported on by the Minister in the relevant Assessment Report.
	(2)	Section 48—after subsection (6) insert:
	(6a)	If a proposed development involves the performance of building work, the Governor may—
	(a)	refer the assessment of the development in respect of the Building Rules to the council for the area in which the proposed development is to be undertaken (unless the proposed development is not to be undertaken in the area of a council); or
	(b)	require that the assessment of the development in respect of the Building Rules be undertaken by a private certifier, or by some other person of a class determined by the Governor,
and in such a case—
	(c)	the Governor need not have further regard to the Building Rules; and
	(d)	the Governor may approve the development subject to the condition that the assessment of the development in respect of the Building Rules be undertaken in the manner contemplated by paragraph (a) or (b) (and subject to such other conditions as the Governor thinks fit); and
	(e)	subject to any other determination of the Governor, if the proposed development is within the area of a council, the council will be taken to be a relevant authority in relation to ensuring compliance with the requirements of this Act with respect to compliance with the Building Rules (subject to any appropriate variation), and with any associated requirements.
	(3)	Section 48(7)(b)—after subparagraph (ii) insert:
	(iii)	in relation to a matter that is relevant to the variation of a development authorisation under this section,
	(4)	Section 48—after subsection (7) insert:
	(7a)	The Governor may, on the application of a person who has the benefit of the development authorisation under this section, by notice in the Gazette, vary a development authorisation that has been given under this section.
	(5)	Section 48(8)—after "under this section to" insert:
the Minister or
43—Amendment of section 48E—Protection from proceedings
Section 48E(a)—delete "Major Developments Panel" and substitute:
Development Assessment Commission
44—Substitution of heading to Part 4 Division 3
Heading to Part 4 Division 3—delete the heading to Division 3 and substitute:
Division 3—Crown development and public infrastructure
45—Amendment of section 49—Crown development and public infrastructure
	(1)	Section 49(2)(d) and (e)—delete paragraphs (d) and (e) and substitute:
lodge an application for approval containing prescribed particulars with the Development Assessment Commission.
	(2)	Section 49—after subsection (4) insert:
	(4a)	If an application relates to development within the area of a council, the Development Assessment Commission must give notice containing prescribed particulars of the development to the council in accordance with the regulations.
	(3)	Section 49(5)—delete "under subsection (2)" and substitute:
under subsection (4a)
	(4)	Section 49(6)—delete "subsection (2)" and substitute:
subsection (4a)
	(5)	Section 49(9)—delete "subsection (2)" and substitute:
subsection (4a)
	(6)	Section 49(14aa)(a)—delete "Building Rules Assessment Commission" and substitute:
Building Rules Committee
	(7)	Section 49(16a)(c)—delete "Major Developments Panel" and substitute:
Development Assessment Commission
46—Substitution of heading to Part 4 Division 3A
Heading to Part 4 Division 3A—delete the heading to Division 3A and substitute:
Division 3A—Electricity infrastructure development
47—Amendment of section 49A—Electricity infrastructure development
	(1)	Section 49A(1)—delete paragraphs (a) and (b) and substitute:
lodge an application for approval containing prescribed particulars with the Development Assessment Commission
	(2)	Section 49A—after subsection (4) insert:
	(4a)	If an application relates to development within the area of a council, the Development Assessment Commission must give notice containing prescribed particulars of the development to the council in accordance with the regulations.
	(3)	Section 49A(6)—delete "subsection (1)" and substitute:
subsection (4a)
	(4)	Section 49A(9)—delete "subsection (1)" and substitute:
subsection (4a)
	(5)	Section 49A(15)(a)—delete "Building Rules Assessment Commission" and substitute:
Building Rules Committee
	(6)	Section 49A(20)(c)—delete "Major Developments Panel" and substitute:
Development Assessment Commission
48—Amendment of section 50—Open space contribution scheme
	(1)	Section 50(1)(d)—delete paragraph (d) and substitute:
	(d)	that the applicant make the contribution prescribed by the regulations in accordance with the requirements of this section; or
	(2)	Section 50(1)—before "and, in so acting" insert:
according to the determination and specification of the council or the Development Assessment Commission
	(3)	Section 50(2)(b)—delete "by strata plan"
	(4)	Section 50(2)(c)—delete paragraph (c) and substitute:
	(c)	the Development Assessment Commission may require the applicant to pay to the Development Assessment Commission the contribution prescribed by the regulations in accordance with the requirements of this section; or
	(5)	Section 50—after subsection (3) insert:
	(3a)	Where an application under this Part provides for the undertaking of development of a prescribed class in prescribed circumstances (being development that does not fall within the ambit of subsection (1) or (2)), the Development Assessment Commission may require—
	(a)	that an area not exceeding the prescribed percentage of the total area of the site of the development be kept as open space or in some other form that allows for active or passive recreation (as determined by the Development Assessment Commission), with some or all of this area to be vested in the Crown or, with the concurrence of the council, a council; or
	(b)	that the applicant pay the contribution prescribed by the regulations to the Development Assessment Commission; or
	(c)	that certain land be kept in the manner contemplated by paragraph (a) and that the applicant will make a contribution to the Development Assessment Commission under this section.
	(6)	Section 50(4)(a)—delete "or (2)" and substitute:
, (2) or (3a)
	(7)	Section 50(5) and (6)—delete subsections (5) and (6) and substitute:
	(5)	Without limiting the operation of any other provision of this Act, the regulations prescribing rates of contribution for the purposes of this section may make different provisions according to designated parts of the State delineated by zone maps in Development Plans.
	(8)	Section 50(7)—delete "the rate of contribution prescribed by subsection (5)" and substitute:
the rate of contribution prescribed by the regulations for each new allotment or strata lot within the relevant part of the State that do not exceed 1 hectare in area
	(9)	Section 50(10)(b)—after "the Fund" insert:
or, in the case of money received under subsection (3a), dealt with in any other manner prescribed by the regulations
49—Amendment of section 50A—Carparking fund
Section 50A(5)(b)—delete "provisional"
50—Amendment of section 52—Saving provisions
	(1)	Section 52(3)(b)—delete "so that development of that kind becomes a non-complying development" and substitute:
or to the regulations so that development of that kind becomes a non-complying development or prohibited development (as the case may be)
	(2)	Section 52(3)(c)—delete "to the Act or the Development Plan"
51—Amendment of section 52A—Avoidance of duplication of procedures etc
	(1)	Section 52A(2)—delete "the Major Developments Panel,"
	(2)	Section 52A(3)—delete subsection (3)
	(3)	Section 52A(9), definition of the authority—delete "the Major Developments Panel,"
52—Amendment of section 53—Law governing proceedings under this Act
	(1)	Section 53(2)—delete "provisional"
	(2)	Section 53(3)—delete "provisional"
53—Amendment of section 53A—Requirement to up-grade building in certain cases
	(1)	Section 53A(1)—delete "provisional"
	(2)	Section 53A(1)—delete "15 January 1994" and substitute:
the prescribed date
	(3)	Section 53A(2)(a)—delete "provisional"
	(4)	Section 53A—after subsection (2) insert:
	(3)	In this section—
the prescribed date is—
	(a)	15 January 1994; or
	(b)	if a later date is prescribed by the regulations for the purposes of this definition—that date.
54—Amendment of section 54A—Urgent work in relation to trees
Section 54A(1)—delete "significant tree" and substitute:
regulated tree
55—Amendment of section 54B—Interaction of controls on trees with other legislation
	(1)	Section 54B(1)—delete "significant tree" and substitute:
regulated tree
	(2)	Section 54B(2)—delete "significant tree" and substitute:
regulated tree
	(3)	Section 54B(2)(b)—after "section" insert:
254 or
56—Amendment of section 55—Action if development not completed
	(1)	Section 55(1)(b)—delete paragraph (b) and substitute:
	(b)	—
	(i)	the development to which the approval relates has been commenced but not substantially completed within the period prescribed by the regulations for the lapse of the approval; or
	(ii)	in the case of a development that is envisaged to be undertaken in stages—the development is not undertaken or completed in the manner or within the period contemplated by the approval,
	(2)	Section 55(3)—after paragraph (c) insert:
	(ca)	require the performance of any work;
	(cb)	require the making of any application for an appropriate development authorisation under this Act;
	(3)	Section 55(5)—delete "(a) or (b)" and substitute:
(a), (b) or (ca)
	(4)	Section 55(7), definition of relevant authority—delete the definition and substitute:
relevant authority means—
	(a)	a council; or
	(b)	a regional development assessment panel; or
	(c)	the Development Assessment Commission; or
	(d)	the Minister.
57—Amendment of section 56—Completion of work
Section 56(7), definition of relevant authority—delete the definition and substitute:
relevant authority means—
	(a)	a council; or
	(b)	a regional development assessment panel; or
	(c)	the Development Assessment Commission; or
	(d)	the Minister.
58—Amendment of section 56A—Councils to establish council development assessment panels
	(1)	Section 56A(1), (2), (3) and (4)—delete subsections (1), (2), (3) and (4) and substitute:
	(1)	A council must establish a panel (a council development assessment panel) for the purposes of this Part.
	(2)	The functions of a council development assessment panel are—
	(a)	to act as a delegate of the council in accordance with the requirements of this Act; and
	(b)	as it thinks fit, to provide advice and reports to the council on trends, issues and other matters relating to planning or development that have become apparent or arisen through its assessment of applications under this Act; and
	(c)	to perform other functions (other than functions involving the formulation of policy) assigned to the panel by the council.
	(3)	The following provisions will apply in relation to the constitution and membership of a council development assessment panel:
	(a)	a panel must consist of 7 members or, with the approval of the Minister—
	(i)	in the case of a council with an area that lies wholly outside Metropolitan Adelaide—5 or 9 members; or
	(ii)	in the case of a council with an area that lies wholly or partially within Metropolitan Adelaide—9 members;
	(b)	the presiding member will be appointed by the council taking into account the following requirements:
	(i)	the presiding member must not be a member or officer of the council;
	(ii)	the presiding member must be a fit and proper person to be a member of a development assessment panel;
	(iii)	subject to any provision made by the regulations, the presiding member must be a person who is determined by the council to have a reasonable knowledge of the operation and requirements of this Act, and appropriate qualifications or experience in a field that is relevant to the activities of the panel;
	(iv)	the concurrence of the Minister is required before a presiding member is appointed by the council and in determining whether to give his or her concurrence the Minister must have regard to any material provided by the council with respect to its assessment of the person taking into account the requirements referred to above;
	(c)	the remaining members of the panel will be appointed by the council taking into account the following requirements:
	(i)	up to half of the remaining members may comprise:
	(A)	council members; or
	(B)	officers of the council (although any such officer may only be a member of the panel if the council has taken steps to ensure that the officer is not directly involved in the assessment of applications under this Act (other than as a member of the panel), or in the preparation of any council report to the panel on the assessment of particular applications),
(in any combination);
	(ii)	with respect to the members of the panel who are not within the ambit of subparagraph (i):
	(A)	each must be a fit and proper person to be a member of a council development assessment panel; and
	(B)	subject to any provision made by the regulations, each must be a person who is determined by the council to have a reasonable knowledge of the operation and requirements of this Act, and appropriate qualifications or experience in a field that is relevant to the activities of the panel; and
	(C)	the qualifications and experience of these members, when considered in conjunction with the qualifications and experience of the presiding member, must provide a reasonable balance across the fields that are relevant to the activities of the panel; and
	(D)	the concurrence of the Minister is required before a member is appointed by the council and in determining whether to give his or her concurrence the Minister must have regard to any material provided by the council with respect to its assessment of the person taking into account the requirements referred to above;
	(d)	the council should ensure—
	(i)	that at least 1 member of the panel is a woman and at least 1 member is a man; and
	(ii)	that, as far as practicable, the panel consists of equal numbers of men and women;
	(e)	the term of office of a member will be for a period, not exceeding 3 years, determined by the council (and, at the expiration of a term of appointment, a member is eligible for reappointment);
	(f)	the other conditions of appointment of the members of the panel will be determined by the council;
	(g)	the council may remove a member of the panel from office for—
	(i)	breach of, or failure to comply with, the conditions of appointment; or
	(ii)	misconduct; or
	(iii)	neglect of duty; or
	(iv)	incapacity to carry out satisfactorily the duties of his or her office; or
	(v)	failure to carry out satisfactorily the duties of his or her office; or
	(vi)	breach of, or failure to comply with, a code of conduct under Part 2 Division 5, or failure to comply with a requirement under subsection (6) or (7);
	(h)	the office of a member of the panel will become vacant if the member—
	(i)	dies; or
	(ii)	completes a term of office and is not reappointed; or
	(iii)	resigns by written notice to the council; or
	(iv)	becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or
	(v)	is convicted of an indictable offence punishable by imprisonment; or
	(vi)	is removed from office by the council under paragraph (g).
	(4)	A reference to an officer of a council under subsection (3) will be taken to include a reference to a person who is a consultant engaged by the council.
	(4a)	A member of a panel appointed under subsection (3)(c)(ii) may not be removed under subsection (3)(g) except with the concurrence of the Minister.
	(4b)	A member of a council development assessment panel whose term of office expires may nevertheless continue to act as a member, for a period of up to 6 months, until he or she is reappointed or a successor is appointed (as the case may be).
	(4c)	The members of a council development assessment panel will appoint the deputy presiding member of the panel.
	(2)	Section 56A(5)—after "a member of a" insert:
council
	(3)	Section 56A(6)—delete subsection (6) and substitute:
	(6)	A member of a council development assessment panel who is not a member of the council must disclose his or her financial interests in accordance with Schedule 2.
	(4)	Section 56A(7)—delete "development assessment panel" wherever occurring and substitute in each case:
council development assessment panel
	(5)	Section 56A(7)(b)—delete paragraph (b) and substitute:
	(b)	must not take part in any hearings conducted by the panel, or in any deliberations or decision of the panel, on the matter and must be absent from the meeting when any deliberations are taking place or decision is being made.
	(6)	Section 56A(7)—at the foot of subsection (7) insert:
Maximum penalty: Division 4 fine.
	(7)	Section 56A(8)—after "a member of a" insert:
council
	(8)	Section 56A(9)—delete subsection (9) and substitute:
	(9)	The provisions of Chapter 13 Part 1 of the Local Government Act 1999 extend to council development assessment panels and to members of council development assessment panels as if—
	(a)	a reference to a member of a council were a reference to a member of a council development assessment panel; and
	(b)	a reference to section 74 of that Act were a reference to subsections (7) and (8) of this section; and
	(c)	a reference to any office under the Local Government Act 1999 were a reference to the office of a member of a council development assessment panel under this Act; and
	(d)	a reference to a council were a reference to a council development assessment panel; and
	(e)	a reference to a public official included a reference to a public officer of a council development assessment panel appointed under subsection (22) of this section.
	(9)	Section 56A(10)—after "A member of a" insert:
council
	(10)	Section 56A(11)—after "a meeting of a" insert:
council
	(11)	Section 56A(12)—after "A" insert:
council
	(12)	Section 56A(12)(a)—delete paragraph (a) and substitute:
	(a)	during so much of a meeting as is necessary to receive, discuss or consider in confidence any of the following information or matters:
	(i)	information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead);
	(ii)	information the disclosure of which—
	(A)	could reasonably be expected to confer a commercial advantage on a person, or to prejudice the commercial position of a person; and
	(B)	would, on balance, be contrary to the public interest;
	(iii)	information the disclosure of which would reveal a trade secret;
	(iv)	commercial information of a confidential nature (not being a trade secret) the disclosure of which—
	(A)	could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and
	(B)	would, on balance, be contrary to the public interest;
	(v)	matters affecting the safety or security of any person or property;
	(vi)	information the disclosure of which could reasonably be expected to prejudice the maintenance of law, including by affecting (or potentially affecting) the prevention, detection or investigation of a criminal offence, or the right to a fair trial;
	(vii)	matters that must be considered in confidence in order to ensure that the council does not breach any law, order or direction of a court of tribunal constituted by law, any duty of confidence, or other legal obligation or duty;
	(viii)	legal advice;
	(ix)	information relating to actual litigation, or litigation that the panel believes on reasonable grounds will take place;
	(x)	information the disclosure of which—
	(A)	would divulge information provided on a confidential basis by or to a Minister of the Crown, or another public authority or official (not being an employee of the council, or a person engaged by the council); and
	(B)	would, on balance, be contrary to the public interest; or
	(13)	Section 56A(12)(b)—delete "unless otherwise determined by the council—"
	(14)	Section 56A(13)—after "A" insert:
council
	(15)	Section 56A(14)—after "the minutes of the" insert:
council
	(16)	Section 56A(15)(a)—after "meetings of a" insert:
council
	(17)	Section 56A(15)(b)—after "meetings of a" insert:
council
	(18)	Section 56A(16)—after "However, a" insert:
council
	(19)	Section 56A(18)—after "An act of a" insert:
council
	(20)	Section 56A—after subsection (18) insert:
	(18a)	A quorum at a meeting of a council development assessment panel is a number ascertained by dividing the total number of members of the panel for the time being in office by 2, ignoring any fraction resulting from the division, and adding 1.
	(18b)	Each member of a council development assessment panel present at a meeting of the panel is entitled to 1 vote on any matter arising for decision and, if the votes are equal, the member presiding at the meeting is entitled to a second or casting vote.
	(21)	Section 56A(19)—delete subsection (19) and substitute:
	(19)	Subject to this Act, the procedures to be observed in relation to the conduct of the business of a council development assessment panel will be—
	(a)	as prescribed by regulation; or
	(b)	insofar as a procedure is not prescribed under paragraph (a)—as determined by the panel.
	(22)	Section 56A(20)(a)—after "constitution of a" insert:
council
	(23)	Section 56A(20)(b)—after "delegated to a" insert:
council
	(24)	Section 56A(21)—delete "The" and substitute:
Except as otherwise provided in this section, the
	(25)	Section 56A(21)—after "in relation to, a" insert:
council
	(26)	Section 56A—after subsection (21) insert:
	(22)	Each council development assessment panel must have a public officer (who must not be a member of the panel) appointed by the council.
	(23)	A council must, on appointing a public officer, ensure that notice of the appointment (including the public officer's name and contact details) is published in the Gazette.
	(24)	The functions of a public officer include ensuring the proper investigation of complaints about the conduct of a member of the relevant panel (but nothing in this section prevents a person making a complaint to the Ombudsman at any time under the Ombudsman Act 1972 or the public officer referring a complaint to another person or authority for investigation or determination).
	(25)	A council is responsible for any costs, expenses or liabilities arising in relation to the activities of its council development assessment panel.
	(26)	If the Minister considers that any differences of opinion between the Minister and a council as to the membership of a council development assessment panel have not been resolved within a reasonable time then—
	(a)	despite a preceding subsection, the Minister may appoint some or all of the members of the panel in order to resolve the matter; and
	(b)	this section will apply in relation to the panel subject to any modifications or exclusions made by regulations made by the Governor on the recommendation of the Minister.
	(27)	Despite a preceding subsection, a council is not required to establish a council development assessment panel under this section if all of its powers and functions as a relevant authority (after taking into account any powers or functions that have been assigned to a regional development assessment panel or other body under this Act) have been delegated to other persons or bodies under this Act.
59—Insertion of section 56B
After section 56A insert:
56B—Building Rules assessment audits
	(1)	In this section—
building assessment auditor means—
	(a)	a person of a class prescribed by the regulations; or
	(b)	a person employed or engaged by a body prescribed by the regulations who holds qualifications prescribed by the regulations.
	(2)	Any council or private certifier undertaking the assessment of proposed developments against the provisions of the Building Rules under this Part must have its, his or her activities in relation to such assessments audited by a building assessment auditor in accordance with the requirements of this section.
	(3)	The purposes of an audit under this section are—
	(a)	to check whether the processes and procedures associated with the assessment of proposed developments against the provisions of the Building Rules, and with the granting of any relevant building rules consents or the provision of certificates of compliance with the provisions of the Building Rules, have been undertaken in accordance with the requirements of this Act (including requirements prescribed by the regulations) and, in particular, whether the matters prescribed by the regulations have been satisfied; and
	(b)	to the extent that the auditor thinks that it is appropriate to do so—to allow an auditor to check technical aspects of assessments of proposed developments against the provisions of the Building Rules; and
	(c)	to examine and, if appropriate, report on any other aspect of the work of the council or the private certifier prescribed by the regulations for the purposes of this section.
	(4)	The first audit under this section must be completed as follows:
	(a)	in relation to a council—within the prescribed period after the commencement of this section;
	(b)	in relation to a private certifier—
	(i)	if the private certifier is carrying on business as a private certifier on the commencement of this section—within the prescribed period after the commencement of this section;
	(ii)	if the private certifier commences business as a private certifier after the commencement of this section—within the prescribed period after the date on which the private certifier commences business.
	(5)	Thereafter, a council or private certifier must ensure that an audit is completed at least once in every prescribed period.
	(6)	A private certifier must, when renewing any registration as a private certifier under the regulations (including in a case where the private certifier is only required to pay an annual registration fee and lodge an annual return), provide, in a manner determined by the Minister, evidence of compliance with this section (insofar as may be relevant).
	(7)	It will be grounds for the cancellation of the registration of a private certifier if—
	(a)	the private certifier has not complied with subsection (6); or
	(b)	the registration authority considers that the private certifier has not adequately addressed any matter identified by an auditor during the course of an audit under this section.
	(8)	An audit conducted under this section will relate to an antecedent period, not exceeding the prescribed period, determined to be appropriate by the auditor.
	(9)	An audit under this section may be conducted by—
	(a)	analysing processes and procedures that have been employed by the council or private certifier to ensure compliance with the requirements of this Act; and
	(b)	examining random or selective samples of documents or other records to check on processes and procedures or to ascertain any other relevant matter; and
	(c)	conducting interviews of persons who may be able to provide information relevant to the audit; and
	(d)	taking such other steps or making such other inquiries as the auditor thinks fit.
	(10)	An auditor must report to the Minister any contravention or failure on the part of a council or private certifier (as the case may be) to comply with the requirements of this Act (including those prescribed by the regulations) or the Building Rules in a significant respect or to a significant degree in undertaking the assessment of proposed developments against the provisions of the Building Rules under this Part identified by the auditor during the course of an audit.
	(11)	If an auditor provides a report to the Minister under subsection (10), the Minister may, after taking such action as the Minister thinks fit—
	(a)	make recommendations to the council or private certifier (as the case may be);
	(b)	if the Minister considers that the council or private certifier (as the case may be) has contravened or failed to comply with the requirements of this Act (including those prescribed by the regulations) or the Building Rules in a significant respect or to a significant degree, give directions to the council or private certifier to rectify the matter, or to take specified action with a view to preventing a recurrence of any act, failure or irregularity;
	(c)	in the case of a private certifier—disqualify the person from acting as a private certifier by notice in the Gazette.
	(12)	The Minister may, in taking action under subsection (11), if the Minister thinks fit, appoint an investigator or investigators to carry out an investigation under section 45A as if a ground had been made out for the purposes of subsection (1) of that section (and may then act under subsection (11)(a), (b) or (c) on the basis of a report presented to the Minister at the conclusion of the investigation).
	(13)	The Minister must, before taking action under subsection (11), give the council or private certifier a reasonable opportunity to make submissions in relation to the matter.
	(14)	If—
	(a)	the Minister makes a recommendation to a council or private certifier under subsection (11)(a); and
	(b)	the Minister subsequently considers that the council or private certifier has not, within a reasonable period, taken appropriate action in view of the recommendation,
the Minister may, after consultation with the council or private certifier, give directions to the council or private certifier.
	(15)	A council or private certifier must comply with a direction under subsection (11) or (14).
Maximum penalty: Division 4 fine.
	(16)	No action in defamation lies in respect of the contents of a report under this section.
	(17)	An auditor must, in acting under this section, take into account any guidelines issued by the Minister for the purposes of this section.
	(18)	A person must not act as a building assessment auditor in relation to a particular council or private certifier if he or she is disqualified from so acting under the regulations.
	(19)	Nothing in this section limits or affects the operation of—
	(a)	section 45A; or
	(b)	Chapter 13 Part 3 of the Local Government Act 1999,
(but subject to any direction under this or any other provision, including under the Local Government Act 1999, a council is not prevented from acting under this Act on account of a failure to ensure that an audit is conducted in accordance with the requirements of this section).
	(20)	Nothing in this section limits or affects any other provision made by or under this Act with respect to the registration or activities of private certifiers.
60—Amendment of section 57—Land management agreements
	(1)	Section 57(2e)—delete "provisional"
	(2)	Section 57(2e)—after "with respect to a" insert:
Category 2A,
61—Insertion of section 57A
After section 57 insert:
57A—Land management agreements—development applications
	(1)	Subject to this section, a designated authority may enter into an agreement under this section with a person who is applying for a development authorisation under this Act that will, in the event that the relevant development is approved, bind—
	(a)	the person; and
	(b)	any other person who has the benefit of the development authorisation; and
	(c)	the owner of the relevant land (if he or she is not within the ambit of paragraph (a) or (b) and if the other requirements of this section are satisfied).
	(2)	An agreement under this section may relate to any matter that, in the opinion of the designated authority, is relevant to the proposed development (including a matter that is not necessarily relevant to the assessment of the development under this Act).
	(3)	However, the designated authority must, in considering whether to enter into an agreement under this section and, if such an agreement is to be entered into, in considering the terms of the agreement, have regard to—
	(a)	the provisions of the appropriate Development Plan; and
	(b)	the principle that the entering into of an agreement under this section by the designated authority should not be used as a substitute to proceeding with an amendment to a Development Plan under this Act.
	(4)	Agreements entered into under this section must be registered in accordance with the regulations.
	(5)	A register must be kept available for public inspection (without charge) in accordance with the regulations.
	(6)	A person is entitled, on payment of the prescribed fee, to a copy of an agreement registered under subsection (4).
	(7)	If an agreement is entered into under this section in connection with an application for a development authorisation with respect to a Category 2A, Category 2 or Category 3 development, a note of the existence of the agreement must be included on the notice of the relevant authority's decision under this Act.
	(8)	A development to which an agreement under this section relates cannot be commenced pursuant to the relevant development approval unless or until the agreement has effect under this section.
Penalty: Division 3 fine.
Additional penalty.
Default penalty: $500.
	(9)	An agreement under this section does not have effect unless or until it is noted against the relevant instrument of title or land under this section.
	(10)	If an owner of the land is not a party to an agreement, an application to note the agreement against the relevant instrument of title or the land cannot be made without the consent of the owner (and the owner has a discretion as to whether or not to give his or her consent under this subsection.
	(11)	An owner of land must not enter into an agreement, or give a consent under subsection (10), unless all other persons with a legal interest in the land consent.
	(12)	A consent must be given in a manner and form determined by the Registrar-General.
	(13)	If the Registrar-General is satisfied that the requirements of this section have been satisfied, the Registrar-General must, on an application of a party to an agreement, note the agreement against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.
	(14)	Where a note has been entered under subsection (13), the agreement is binding on the current owner of the land whether or not the owner was an initial party to the agreement or the person who gave any consent for the purposes of subsection (10), and notwithstanding the provisions of the Real Property Act 1886.
	(15)	However, an owner who is not a party to the agreement is only subject to the operation of subsection (14) if or when the development to which the agreement relates has been commenced by the performance of substantial work on the relevant site.
	(16)	The Registrar-General must, if satisfied on the application of a party to the agreement, the Minister, or any owner of the relevant land, that an agreement under this section has been rescinded or amended, enter a note of the rescission or agreement against the instrument of title, or against the land.
	(17)	The fact that the Minister or a council is a party to an agreement under this section does not prevent the Development Assessment Commission or the council (or a delegate of the Development Assessment Commission or the council) from acting as a relevant authority under this Act in relation to the proposed development.
	(18)	If an agreement under this section does not have effect under this section (see subsection (9)) within the period prescribed by the regulations, the relevant authority may, by notice given in accordance with the regulations, lapse the relevant development approval (and the agreement will then be rescinded by force of this subsection).
	(19)	Despite a preceding subsection, an agreement under this section cannot make provision with respect to any matter excluded from the ambit of this section by the regulations.
	(20)	Nothing in this section affects or limits the operation of section 57.
	(21)	In this section—
designated authority means—
	(a)	the Minister; or
	(b)	another Minister designated by the Governor, by notice in the Gazette, as being a designated authority for the purposes of this section; or
	(c)	a council.
62—Amendment of section 68A—Private certifiers
Section 68A(1)—delete "provisional"
63—Insertion of section 71AA
After section 71 insert:
71AA—Swimming pool safety
	(1)	In this section—
new prescribed requirements means requirements imposed by regulations made for the purposes of this definition;
old prescribed requirements means the requirements of the (now repealed) Swimming Pools (Safety) Act 1972;
owner of a swimming pool means—
	(a)	where the swimming pool is a fixture to, or forms part of land—the owner of the land;
	(b)	in any other case—the owner of the structure that constitutes the swimming pool;
prescribed date means a date falling 3 years after the date fixed for the commencement of this section;
prescribed swimming pool means a swimming pool—
	(a)	constructed or installed before 1 July 1993; and
	(b)	formerly subject to the requirement imposed by the (now repealed) Swimming Pools (Safety) Act 1972 to be fenced or otherwise enclosed;
swimming pool means an excavation or structure that is capable of being filled with water and is used primarily for swimming, wading, paddling or the like and includes a bathing or wading pool or spa pool (but not a spa bath);
swimming pool safety features means a fence, barrier or other structure or equipment prescribed by regulation.
	(2)	The owner of a swimming pool must ensure that swimming pool safety features are installed and maintained—
	(a)	in the case of a prescribed swimming pool—
	(i)	until the prescribed date—in accordance with either the old prescribed requirements or the new prescribed requirements; and
	(ii)	as from the prescribed date—in accordance with the new prescribed requirements;
	(b)	in the case of any other pool—in accordance with requirements imposed by regulations made for the purposes of this paragraph.
Maximum penalty: Division 6 fine.
64—Amendment of section 71A—Building inspection policies
Section 71A—after subsection (4) insert:
	(4a)	A building inspection policy must comply with any regulation prescribing a minimum level of inspections to be carried out by the council on an annual basis with respect to building work within its area (including building work assessed by private certifiers under Part 12).
	(4b)	A regulation under subsection (4a) may prescribe different levels for different classes of buildings.
65—Amendment of section 86—General right to apply to Court
	(1)	Section 86(1)(e)(iii)—delete "provisional"
	(2)	Section 86(1)—after paragraph (e) insert:
	(f)	a person who can demonstrate an interest in a matter that is relevant to the determination of an application for a development authorisation by a relevant authority under this Act may apply to the Court for a review of that matter.
66—Amendment of section 88—Powers of Court in determining any matter
	(1)	Section 88—after paragraph (d) insert:
	(da)	if appropriate in the circumstances of the proceedings—make any determination or declaration, or grant any other remedy or relief as the Court thinks fit;
	(2)	Section 88—after its present contents as amended by this section (now to be designated as subsection (1)) insert:
	(2)	The following provisions apply in connection with the exercise of the Court's jurisdiction in any proceedings under this Act:
	(a)	subject to paragraph (b), the Court should only seek to deal with and resolve those issues in dispute between the parties and should not, unless the Court considers it to be necessary or appropriate to do so, consider any aspect of the decision, assessment, consent, approval, direction, act, order or determination that is not being challenged;
	(b)	if—
	(i)	a person who has applied for a development authorisation is appealing against a refusal to grant the authorisation; or
	(ii)	a third party is appealing against a decision to grant a development authorisation,
the Court may (if the Court thinks fit) proceed to consider the matter de novo (adopting such processes and procedures as it thinks fit and taking into account any material that was before the relevant authority when it refused to grant the authorisation and such other evidence or material as the Court thinks fit);
	(c)	the Court may, in dealing with an application from a person to be joined as a party to the proceedings (other than the Crown or a person who was entitled to be given notice of a decision in respect of a Category 3 development under section 38 (if relevant)), determine not to grant the application—
	(i)	on the ground that the Court is not satisfied that the person has a special interest in the subject-matter of the application; or
	(ii)	on the ground that, whatever the interest of the person may be, the Court is not satisfied that the interests of justice require that the person be joined as a party; or
	(iii)	on any other ground determined to be appropriate by the Court.
67—Amendment of section 89—Preliminary
	(1)	Section 89(3)—delete "provisional"
	(2)	Section 89(6)—delete "under" and substitute:
for the purposes of
68—Amendment of section 92—Circumstances in which a private certifier may not act
Section 92(1)—after paragraph (c) insert:
	(d)	if he or she is excluded from acting pursuant to the regulations.
69—Insertion of section 101A
After section 101 insert:
101A—Councils to establish strategic planning and development policy committees
	(1)	A council must establish a strategic planning and development policy committee.
	(2)	The functions of the committee are:
	(a)	to provide advice to the council in relation to the extent to which the council's strategic planning and development policies accord with the Planning Strategy; and
	(b)	to assist the council in undertaking strategic planning and monitoring directed at achieving—
	(i)	sustainable development within the area of the council; and
	(ii)	high levels of integration of transport and land-use planning; and
	(iii)	affordable housing targets set out in the Planning Strategy within the area of the council; and
	(iv)	other outcomes of a prescribed kind (if any); and
	(c)	to provide advice to the council (or to act as its delegate) in relation to strategic planning and development policy issues when the council is preparing—
	(i)	a Strategic Directions Report; or
	(ii)	a Development Plan Amendment proposal; and
	(d)	other functions (other than functions relating to development assessment or compliance) assigned to the committee by the council.
	(3)	The Local Government Act 1999 will apply in relation to a committee established under this section as if it were a committee established under that Act.
70—Insertion of section 106A
After section 106 insert:
106A—Make good orders
	(1)	If in any proceedings under this Act a court finds that a person has breached this Act by undertaking a tree-damaging activity, the court may, by order, direct a specified person to do 1 or more of the following:
	(a)	to establish a tree or trees of a kind specified by the court in a place or places specified by the court;
	(b)	to remove any buildings, works or vegetation that have been erected, undertaken or planted at or near the place where the regulated tree was situated since the breach occurred;
	(c)	to nurture, protect and maintain any tree or trees until they are fully established or for such period as may be specified by the court, or to make a payment or payments towards the maintenance of any tree or trees.
	(2)	A court acting under subsection (1) may make any ancillary order as the court thinks fit.
	(3)	A court must, before making an order under subsection (1) directed at a person who is not an owner or occupier of the relevant land, ensure that reasonable steps have been taken to give notice of the relevant proceedings to an owner or occupier of the land.
	(4)	If a person to whom an order under subsection (1) applies is not an owner or occupier of the relevant land, or ceases to be an owner or occupier of the relevant land, the court may authorise the person (or a person authorised by him or her)—
	(a)	to enter the land with such materials and equipment as are reasonably necessary to comply with the order; and
	(b)	to enter and cross any land specified in the order with the materials and equipment referred to in paragraph (a) for the purpose of gaining access to the relevant land.
	(5)	A court that has made an order under this section may, on application, vary or revoke the order.
	(6)	A person who fails to comply with an order under subsection (1) or (2) is, in addition to any liability for contempt, guilty of an offence.
Penalty: Division 4 fine.
	(7)	An owner or occupier of land, or any other person, who hinders or obstructs a person in carrying out the requirements of an order under subsection (1) or (2) or entering or crossing land under subsection (4) is guilty of an offence.
Penalty: Division 5 fine.
71—Amendment of section 108—Regulations
	(1)	Section 108(2)—delete "the Schedule" and substitute:
Schedule 1
	(2)	Section 108(7)—delete subsection (7) and substitute:
	(7)	The regulations may provide for the effect of failing to comply with any time limit or requirement prescribed by the regulations, including by providing that any action taken after the expiration of any such time limit or in a manner inconsistent with any such requirement will not have effect under this Act.
72—Substitution of heading
Schedule—delete the heading to the Schedule and substitute:
Schedule 1—Regulations
73—Amendment of Schedule 1
	(1)	Item 6—after "for the purposes of this Act" insert:
or in connection with the operation of this Act
	(2)	Item 9—delete item 9 and substitute:
9.	The qualifications or experience that must be held by a person who exercises or performs (or who is to exercise or perform) a prescribed power or function under this Act (including as a member of a panel or other body established under this Act and including by prescribing a range of qualifications or experience that may be taken into account), and the training, examination, registration or accreditation of any person in prescribed circumstances.
	(3)	After item 45 insert:
46.	The fixing of an expiation fee in respect of any offence against this Act or the regulations (being a fee equal to 5 per cent of the maximum fine that a court could impose as a penalty for the particular offence or a fee of $315, whichever is the greater).
74—Insertion of new Schedule
After Schedule 1 insert:
Schedule 2—Disclosure of financial interests
1—Interpretation
	(1)	In this Schedule—
assessment panel means—
	(a)	the Development Assessment Commission; or
	(b)	the panel of persons on the list established by the Minister under section 10A; or
	(c)	a regional development assessment panel; or
	(d)	a council development assessment panel;
family, in relation to a prescribed member, means—
	(a)	a spouse of the member; or
	(b)	a child of the member who is under the age of 18 years and normally resides with the member;
family company of a prescribed member means a proprietary company—
	(a)	in which the member or a member of the member's family is a shareholder; and
	(b)	in respect of which the member or a member of the member's family, or any such persons together, are in a position to cast, or control the casting of, more than one-half of the maximum number of votes that might be case at a general meeting of the company;
family trust of a prescribed member means a trust (other than a testamentary trust)—
	(a)	of which the member or a member of the member's family is a beneficiary; and
	(b)	which is established or administered wholly or substantially in the interests of the member or a member of the member's family, or any such persons together;
person related to a prescribed member means—
	(a)	a member of the prescribed member's family; or
	(b)	a family company of the prescribed member; or
	(c)	a trustee of a family trust of the prescribed member;
prescribed member means a member of an assessment panel who is required to disclose his or her financial interests pursuant to section 10B, 34 or 56A;
relevant official means—
	(a)	in relation to a member of the Development Assessment Commission or the panel of persons on the list established by the Minister under section 10A—the Minister;
	(b)	in relation to a member of a regional development assessment panel or a council development assessment panel—the public officer of the panel.
	(2)	For the purposes of this Schedule, a person who is the object of a discretionary trust is to be taken to be a beneficiary of that trust.
2—Disclosure of interests
	(1)	A prescribed member of an assessment panel must—
	(a)	on appointment, submit to the relevant official a return in the prescribed form relating to his or her pecuniary interests in accordance with the regulations; and
	(b)	on an annual basis in accordance with the requirements of the regulations, submit to the relevant official an annual return in the prescribed form relating to his or her pecuniary interests in accordance with the regulations.
	(2)	Without limiting the effect of subclause (1), a prescribed member of an assessment panel will be taken to have a pecuniary interest for the purposes of this clause if a person related to the member has that interest.
	(3)	A prescribed member who has submitted a return under this Schedule may at any time notify the relevant official of a change or variation in the information appearing on the register in respect of the member.
3—Register
	(1)	A relevant official must maintain a register of interests and cause to be entered in the register all information furnished under this Schedule.
	(2)	A register that relates to a regional development assessment panel or a development assessment panel will also include information furnished by members of councils under Chapter 5 Part 4 Division 2 of the Local Government Act 1999 and made available for incorporation into the register under a scheme established by the regulations.
	(3)	A person is entitled to inspect (without charge) the register at the place where it is kept during ordinary office hours.
	(4)	A person is entitled, on payment of a fee (specified by the relevant official as a standard fee to cover the relevant official's administrative and copying costs), to a copy of the register.
4—Compliance with Schedule
	(1)	A prescribed member of an assessment panel who fails to comply with a requirement under this Schedule is guilty of an offence.
Maximum penalty: $10 000.
	(2)	A prescribed member of an assessment panel who submits a return under this Schedule that is to the knowledge of the member false or misleading in a material particular (whether by reason of information included in or omitted from the return) is guilty of an offence.
Maximum penalty: $10 000.
5—Restrictions on publication
	(1)	A person must not—
	(a)	publish information derived from a register under this Schedule unless the information constitutes a fair and accurate summary of the information contained in the register and is published in the public interest; or
	(b)	comment on the facts set forth in a register under this Schedule unless the comment is fair and published in the public interest and without malice.
	(2)	If information or comment is published by a person in contravention of subclause (1), the person, and any person who authorised the publication of the information or comment, is guilty of an offence.
Maximum penalty: $10 000.

Schedule 1—Related amendments, repeals 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 Criminal Law Consolidation Act 1935
2—Amendment of section 5—Interpretation
Section 5(1), definition of local government body—delete the definition and substitute:
local government body means—
	(a)	a council or other body constituted under the Local Government Act 1999; or
	(b)	a regional development assessment panel or a council development assessment panel constituted under section 34(3) or 56A(1) of the Sustainable Development Act 1993;
Part 3—Amendment of Local Government Act 1999
3—Amendment of section 90—Meetings to be held in public except in special circumstances
Section 90(3)(m)—delete "Plan Amendment Report" and substitute:
Development Plan Amendment proposal
4—Amendment of section 122—Strategic management plans
Section 122(2)—delete subsection (2) and substitute:
	(2)	For the purposes of subsection (1), in considering the State's objectives and strategies, particular attention must be given to the State Strategic Plan (as defined in section 22 of the Sustainable Development Act 1993).
	(2a)	Strategic management plans—
	(a)	should—
	(i)	address the strategic planning issues within the area of the council, with particular reference to (and in a manner consistent with) the Planning Strategy; and
	(ii)	set out the council's priorities for the implementation of planning policies,
(although these matters may be satisfied by referring to the council's most recent Strategic Directions Report under section 30 of the Sustainable Development Act 1993); and
	(b)	should (as far as practicable) be consistent with the Development Plan or Plans for the council's area, other than where the council proposes to amend the Plan or Plans in accordance with the procedures set out in the Sustainable Development Act 1993 and the council obtains an agreement with the Minister to whom the administration of the Sustainable Development Act 1993 is committed relating to the implementation of a program to undertake any relevant amendment or amendments; and
	(c)	should (as far as practicable) be consistent with any relevant statutory policy or plan (not referred to above).
5—Insertion of section 245A
After section 245 insert:
245A—Council may require bond in certain circumstances
	(1)	Subject to this section, if—
	(a)	a person has approval to carry out development under the Sustainable Development Act 1993; and
	(b)	the council has reason to believe that the performance of work in connection with the development could cause damage to any local government land (including a road) within the vicinity of the site of the development,
the council may, by notice in writing served on the person who has the benefit of the approval, require the person to enter into a bond in such sum and subject to such terms and conditions specified by the council to ensure that money is available to address the cost of any damage that may be caused.
	(2)	The amount of the bond must not exceed any limit prescribed by the regulations and the terms and conditions of the bond must comply with any other requirement or limitation prescribed by the regulations.
	(3)	A person required to enter into a bond may, within 28 days after service of the notice under subsection (2), appeal to the Environment, Resources and Development Court against the imposition of the bond, or any requirement imposed in connection with the bond.
	(4)	The Court may, on hearing an appeal—
	(a)	confirm, vary or reverse any requirement that has been imposed;
	(b)	remit the matter to the council for further consideration;
	(c)	make any consequential or ancillary order, or impose any condition or requirement, that it considers necessary or expedient.
	(5)	Subject to the outcome of any appeal under this section, a person who fails to comply with a requirement under this section is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $500.
Part 4—Amendment of Natural Resources Management Act 2004
6—Amendment of section 29—Functions of boards
Section 29(1)—after paragraph (e) insert:
	(ea)	to undertake an active role in ensuring—
	(i)	that any Development Plan under the Sustainable Development Act 1993 that applies within its region promotes the objects of this Act; and
	(ii)	insofar as is reasonably practicable, that those Development Plans and the board's regional NRM plan form a coherent set of policies,
and, in so doing, when a Development Plan Amendment under the Sustainable Development Act 1993 that is relevant to the activities of the board is under consideration under that Act, to work with—
	(iii)	in the case of a Development Plan Amendment proposed by a council—the council; or
	(iv)	in the case of a Development Plan Amendment proposed by a Minister—that Minister's department;
7—Amendment of section 75—Regional NRM plans
Section 75(3)(f)—delete paragraph (f) and substitute:
	(f)	identify any policies reflected in a Development Plan under the Sustainable Development Act 1993 that applies within its region that should, in the opinion of the board, be reviewed under that Act in order to promote the objects of this Act or to improve the relationship between the policies in the Development Plan and the policies reflected in the board's plan; and
	(fa)	identify the changes (if any) considered by the board to be necessary or desirable to any other statutory instrument, plan or policy (including subordinate legislation) to promote the objects of this Act and, insofar as the plan may apply within a part of the Murray-Darling Basin, the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act;
8—Amendment of section 76—Preparation of water allocation plans
Section 76(4)(h)(ii)—delete subparagraph (ii) and substitute:
	(ii)	identify any policies reflected in a Development Plan under the Sustainable Development Act 1993 that applies within its region that should, in the opinion of the board, be reviewed under that Act in order to improve the relationship in the policies in the Development Plan and the policies reflected in the water allocation plan; and
	(iii)	identify the changes (if any) considered by the board to be necessary or desirable to any other statutory instrument, plan or policy (including subordinate legislation);
9—Amendment of section 78—Concept statement
Section 78(4)(a)—delete paragraph (a)
10—Amendment of section 79—Preparation of plans and consultation
	(1)	Section 79(2), (3), (4) and (5)—delete subsections (2), (3), (4) and (5) and substitute:
	(2)	The board must, during the preparation of the draft plan, take into account any relevant submissions made to the board in relation to the matter.
	(2)	Section 79(6)(a)(ii)—delete subparagraph (ii)
11—Amendment of section 80—Submission of plan to Minister
Section 80(17), (18), (19) and (20)—delete subsections (17), (18), (19) and (20)
Part 5—Amendment of Ombudsman Act 1972
12—Amendment of section 3—Interpretation
Section 3(1), definition of authority—after paragraph (bb) insert:
	( bc)	a regional development assessment panel or a council development assessment panel constituted under section 34(3) or 56A(1) of the Sustainable Development Act 1993; or
Part 6—Amendment of Parliamentary Committees Act 1991
13—Amendment of section 15L—Functions of Committee
Section 15L(1)(b)(iv)(A)—delete "Plan Amendment Report" and substitute:
Development Plan Amendment
Part 7—Amendment of River Murray Act 2003
14—Amendment of section 22—Development of related policies and consideration of activities
Section 22(3)—delete subsection (3)
Part 8—Repeal of Swimming Pools (Safety) Act 1972
15—Repeal of Swimming Pools (Safety) Act 1972
The Swimming Pools (Safety) Act 1972 is repealed.
Part 9—Transitional provisions
16—Interpretation
In this Part—
principal Act means the Development Act 1993.
17—Building Rules Assessment Commission
	(1)	A reference in a statutory instrument, or any other kind of instrument, to the Building Rules Assessment Commission will have effect as if it were a reference to the Building Rules Committee.
	(2)	An application or proceeding commenced before, or involving, the Building Rules Assessment Commission may be deal with and completed by the Building Rules Committee.
	(3)	The Building Rules Committee may, in connection with the operation of subclause (2), adopt any findings or determinations of the Building Rules Assessment Commission.
18—Significant trees
	(1)	An application for a development authorisation under the principal Act with respect to a significant tree made before the commencement of this clause will continue as if an application with respect to a regulated tree under that Act.
	(2)	A tree that is a significant tree by virtue of a declaration in a Development Plan under section 23(4a) of the principal Act (as in force immediately before the commencement of this clause) will be taken to be a regulated tree under the principal Act after that commencement until the relevant declaration is amended or revoked so that it no longer has effect in relation to that tree.
	(3)	Without limiting the operation of subclause (2), a Plan Amendment Report prepared by the City of Burnside under section 25 of the principal Act before the commencement of this subclause for the amendment of the Development Plan that relates to its area to declare a tree or a group of trees to be a significant tree or a group of significant trees, and that is recognised as being within the ambit of this subclause by the Minister by notice in the Gazette, may have effect for the purposes of the principal Act (as amended by this Act) in accordance with any provision made by that notice.
19—Plan Amendment Reports
	(1)	If a council has, before the commencement of this clause, reached an agreement with the Minister on a Statement of Intent with respect to an amendment to a Development Plan, or taken steps to prepare a Plan Amendment Report on the basis of such a Statement of Intent, then, subject to subclause (2), the council may continue with the process as set out in section 25 of the principal Act (as in force immediately before the commencement of this clause) as if this Act had not been enacted until the relevant amendment is approved (with or without alteration) or otherwise dealt with by the Minister under section 25(15) of the principal Act, subject to the qualification that the relevant Plan Amendment Report may be referred to as a Development Plan Amendment.
	(2)	A council and the Minister may agree on a Statement of Intent that is to supersede a Statement of Intent agreed between the council and Minister before the commencement of this clause (and in such a case the process will continue under section 25 of the principal Act as amended by this Act).
	(3)	A Plan Amendment Report which, before the commencement of this clause, has been initiated by the Minister under section 26(1) of the principal Act (as in force immediately before that commencement) may continue to be subject to the provisions of the principal Act as if this Act had not been enacted until the relevant amendment is approved (with or without alteration) or otherwise dealt with by the Minister under section 26(8) of the principal Act, subject to the qualification that the relevant Plan Amendment Report may be referred to as a Development Plan Amendment.
20—Heritage surveys
A heritage survey undertaken before the commencement of this clause by a person who is recognised by the South Australian Heritage Council as being appropriately qualified to undertake heritage surveys under the principal Act may be adopted by a council or the Minister under section 25A or 26A of the principal Act (as enacted by this Act) provided that the survey has been completed within the period of 5 years immediately preceding that adoption.
21—Strategic Directions Reports
	(1)	For the purposes of section 30(2)(b) of the principal Act (as enacted by this Act), a report received by the Minister under section 30 of the principal Act before the commencement of this clause will be taken to be a completed report.
	(2)	Subject to any determination or direction of the Minister under this subclause, any process or procedure commenced under section 30 of the principal Act before the commencement of this clause may be continued and applied for the purposes of section 30 of the principal Act as enacted after the commencement of this clause.
22—Membership of Commission
A person holding office as a member of the Development Assessment Commission immediately before the commencement of this clause will, on that commencement, cease to hold that office.
23—Regional development assessment panels
	(1)	The Minister must ensure that each council for the areas in relation to which a regional development assessment panel is, or is to be, constituted concurs before a regulation is made under subsections (3), (4), (5) or (19) of section 34 of the principal Act (as enacted or amended by this Act).
	(2)	However—
	(a)	subclause (1) does not apply if the regulation is being made at the request of the relevant councils; and
	(b)	subclause (1) will cease to apply in relation to a particular council (in all respects and for all future purposes) if or when—
	(i)	a period of 1 year has elapsed since the Minister approved a Development Plan Amendment prepared by the council on the basis of a Statement of Intent that included an agreement between the Minister and the council that the Development Plan Amendment would have effect for the purposes of this provision (including in a case where the council has acted jointly in preparing the relevant amendments with 1 or more other councils); or
	(ii)	a period of 2 years has elapsed since the Minister has, by notice in the Gazette, issued a certificate to the effect that, in the opinion of the Minister, the policies contained in the Development Plan that relates to the area of the council are in an appropriate form for the purposes of this provision; or
	(iii)	1 or more councils for the area or areas in relation to which a regional development assessment panel is to be constituted have been requested by the Minister under section 24(1)(a)(iii) or (b)(ii) of the principal Act to amend the Development Plan or Development Plans that relate to the area or areas of the council or councils but 1 or more of those councils have failed to complete the relevant processes under Part 3 Division 2 of the principal Act within a period of 2 years from the making of that request (and this subparagraph may apply in relation to a particular council even if it is not the council, or 1 of the councils, that have been the subject of the request).
24—Other provisions
	(1)	The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
	(2)	A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
	(3)	To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
	(a)	decreasing the person's rights; or
	(b)	imposing liabilities on the person.
	(4)	The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Schedule.