The Planning, Development and Infrastructure Act 2016 (as at 22 May 2025, South Australia) establishes the legal framework for regulating the use, development, and management of land and buildings across the state. Its purpose is to create an effective, efficient, and enabling planning system that supports sustainable development, integrates infrastructure delivery, and enhances community well-being. The Act is structured into numerous parts, each addressing a specific aspect of the planning system. It begins with detailed definitions and provisions for the establishment of planning regions, including Greater Adelaide and its subregions. Special attention is given to the protection of environment and food production areas, particularly around Greater Adelaide, with mechanisms for periodic review and strong controls on land division and residential development to prevent urban encroachment. The Act’s objectives focus on enhancing liveability and prosperity in ecologically sustainable ways, ensuring the planning system is accessible, consistent, and adaptable. It promotes high standards in design, encourages innovation, and requires cooperation among state and local government agencies. Principles of good planning—such as long-term focus, urban renewal, design quality, sustainability, and integrated delivery—are embedded throughout. Central to administration is the State Planning Commission, a statutory body with broad advisory, assessment, and coordination functions. The Commission’s membership is designed to ensure a mix of expertise across planning, development, infrastructure, economics, and law. The Act also provides for joint planning arrangements, allowing the Minister to enter agreements with councils and other entities, and to establish joint planning boards with delegated powers. Community engagement is formalised through a Community Engagement Charter, which mandates early, meaningful, and ongoing public participation in planning policy development. The Act requires transparent processes, plain language communication, and feedback mechanisms, with regular review and parliamentary oversight. Digital access is a key feature, with the SA Planning Portal and associated databases providing online delivery of planning services, public access to documents, mapping, and submission facilities. The Act sets standards for the management, certification, and publication of planning information. Statutory instruments under the Act include state planning policies, regional plans, the Planning and Design Code, and design standards. These instruments are developed through consultative processes, are subject to parliamentary scrutiny, and are designed to avoid duplication and ensure clarity. The Planning and Design Code, in particular, provides a comprehensive set of policies and rules for development assessment, including zoning, overlays, and land use classifications. Development assessment is structured around three categories: accepted development (not requiring consent), code assessed development (either deemed-to-satisfy or performance assessed), and impact assessed development (subject to more rigorous scrutiny, including environmental impact statements where required). The Act prescribes detailed procedures for applications, referrals, public notification, decision-making, and appeals. It also addresses special cases such as essential infrastructure, Crown development, and mining or renewable energy projects. Enforcement provisions are robust, with significant penalties for non-compliance, mechanisms for civil and criminal proceedings, and powers for authorities to issue orders, recover costs, and require rectification. The Act also regulates advertisements, provides for the management of funds and off-set schemes, and includes transitional arrangements to ensure continuity as the new system replaces the previous legislative regime.
أستراليا · 2016-04-21