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Planning, Development and Infrastructure Act 2016 (SA)

Year
2016
Jurisdiction
South Australia
Summary

This Act replaces the Development Act 1993 (SA) and becomes the principle Act for matters related to the use, management, and development of land and buildings.

The key features of this Act are:

a new development assessment system intended to streamline assessment;

the establishment of a State Planning Commission (Commission) to act as the State's principal planning and development assessment body;
the establishment of a electronic planning portal;
provision for infrastructure planning, implementation and funding;
engagement of the community in the setting of planning policy through a Community Engagement Charter (Charter);
joint planning boards; and
a recognition of ecological sustainability and the needs of diverse communities within the primary object of the State's planning system.

Notably, changes were made to the definition of land use in relation to activities which were ceased and recommenced. 

s 4(4) The resumption of an activity carried out on land (or, if there is more than 1 activity that has been carried out, the most significant activity) after a period of cessation of the activity will also be regarded as a change in the use of land if— 

(a)         the activity, on its resumption, would be inconsistent with a zoning policy that applies in relation to the area where the land is located; and 

(b)         the period intervening between the cessation and the resumption exceeds— 

(i)         12 months; or 

(ii)         such longer period (not exceeding 5 years) allowed by the Planning and Design Code in the relevant case.