In this guide
A list of key government agency contacts for undertaking Code Amendment processes is available by emailing the Department at CodeAmendmentCoordination@sa.gov.au.
South Australian and Australian government agencies govern a range of different Acts applying to the state and within Australia. The State Planning Policies and Regional Plans recognise these Acts and how they interrelate with the planning system.
Identifying the Overlays which are affected by a Code Amendment will assist in determining whether there will be agency interest in that Code Amendment. Government agencies may be involved in the different parts of the Code Amendment process by providing specialist advice in their area of expertise.
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Pre-initiation
For complex sites — where there are complex agency issues that may make it difficult to determine whether the proposal is consistent with the State Planning Policies and Regional Plans — it is likely that discussions with government agencies will be required regarding whether an initiation should proceed or not, and (if the initiation proceeds) what investigations are required.
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Initiation and preparing the Code Amendment
A Proposal to Initiate may be referred to government agencies for review to ensure that adequate guidance is given to the Designated Entity in investigating issues, or to clarify issues that may be present. This is particularly relevant if agencies have not been involved at the pre-initiation stage.
The Standard Investigations List identifies what investigations will result in a specific agency consultation in preparation of the Code Amendment.
The most common issues that need to be referred to a government agency are as follows:
Common Issues Government Agency Native title and Aboriginal heritage Department of the Premier and Cabinet Coast protection Department for Environment and Water Native vegetation and biodiversity Department for Environment and Water Transport infrastructure and services Department for Infrastructure and Transport Environment protection Environment Protection Authority Airport protection Department Infrastructure and Transport Extractive industries and protection of resources Department for Energy and Mining Primary production (including aquaculture) Primary Industries and Regions SA State heritage protection Department for Environment and Water Fire protection Country Fire Service Infrastructure providers SA Water and other relevant infrastructure providers Housing affordability SA Housing Authority -
Consultation
It is expected that you should consult those government agencies that have a direct interest in the Code Amendment, and provide 4 to 8 weeks to provide a written submission (depending on the complexity of the issues).
It is recommended that you do not consult with those government agencies that may only have a remote interest in the Code Amendment. Where relevant, a detailed investigations report should be provided to each relevant agency with an interest in that area.
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Approval
It is important that any issues raised by government agencies during consultation are resolved prior to the approval stage of the Code Amendment. If conflicting advice is received, the Designated Entity should endeavour to resolve the conflict; failing which, assistance may be sought from the Department.
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How to consult with government agencies
Most government agencies have developed streamlined systems and procedures for dealing with statutory consultation requirements under the Act including the Code Amendment requirements.
It is important to advise a government agency when you are consulting as a statutory requirement. It is strongly recommended that agency consultation is streamlined by:
- highlighting, in a covering letter, the key issues you would like the agency to address (this does not limit the extent of comments by the agency, but does help in focusing the response)
- meeting with key government departments and agencies early in the period for agency consultation for more complex issues
- forwarding copies of the summary of agency comments and your response to the relevant agency for reference and to facilitate further dialogue if an agency wishes to make further comment.
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Perspective on planning policy
Most professional disciplines and organisations have a general concept of ‘policy', which involves making a statement about how a matter will be addressed or viewed. Confusion can arise when other disciplines encounter planning policy, which can be viewed as general policy with legislative effect.
However, there is a fundamental limit to the scope of planning policy due to the link between Code policy and the definition of development.
The department works with other government agencies to develop their understanding of this link and many agencies have a dedicated officer to assist with the preparation of Code Amendment submissions. However, some government agencies do not have these arrangements in place, and the dedicated officers may change from time to time.
