Ongoing improvements to the Code

The Commission will take the lead in undertaking Code Amendments of strategic importance, including matters of social, economic or environmental importance for the state. The first version of the Code focused on reviewing the South Australian Planning Policy Library and rewriting it into the new Code framework. During the phased implementation of the Code, only limited policy reform was undertaken.

In the coming years, the Commission will continue to consult with government agencies, councils and other stakeholders in order to develop and refine its future program of Code Amendments. Further information on the Commission’s priority Code Amendments for the coming year can be found at State Planning Commission’s Strategic Plan (PDF, 335 KB).

Throughout this process, the Commission will seek collaborative partnerships with councils, joint planning boards and government agencies to resolve and investigate policy issues of regional applicability and encourage councils to implement changes to accommodate local issues.

Following the early stages of Code implementation, the Commission will undertake annual or bi-annual updates to the Code to address various policy matters. Code Amendments that may be considered as part of the Commission’s ongoing Code maintenance may include:

• technical amendments to resolve policy issues that arise as the Code is tested
• amendments that cannot be considered a ‘Minor or Operational Amendment’
• amendments to policy as a result of legal review or challenge
• improvements to policy that do not require significant and lengthy investigations
• minor zone boundary amendments
• updates to overlays.

Members of the public can lodge requests for amendments to the Code to be included with the Commission’s regular Code maintenance here. These requests will be collated and assessed by the department and recommendations will be made to the Commission on a biannual basis.

The Minister may make a minor or operational change to the Code by Government Gazette. This can only be undertaken if the Minister (or delegate) considers that the change is consistent with one or more of the legislated criteria, including to:

• introduce changes in the form of the Code that do not alter the effect of the underlying policy
• correct an error
• remove irrelevant material, duplication or inconsistencies
• provide consistency with any provisions made by the regulations
• give effect to the adoption, amendment or revocation of a precinct plan under the Urban Renewal Act 1995
• provide consistency with a change to an Environment and Food Production Area
• provide consistency with a development which has been substantially commenced or completed, which has been declared by the Minister as being an impact assessed development and subject to an Environmental Impact Statement
• include a state heritage place or change the designation of a place from being a state heritage place to a local heritage place (or vice versa) (on the basis of a recommendation or action from the South Australian Heritage Council)
• remove the listing of a state heritage place or local heritage place that has been demolished destroyed or removed
• ensure the Code accords with any plan, policy, standard, report or document prepared under another Act as listed below:
  • a coastal management plan approved by the Governor under the Coast Protection Act 1972
  • an environment protection policy under the Environment Protection Act 1993
  • a management plan for a park or reserve adopted under the National Parks and Wildlife Act 1972
  • the list, or amendment to the list, of places entered, either on a provisional or permanent basis, in the State Heritage Register under the Heritage Places Act 1993
  • any regulation relating to the development of land under the Electricity Act 1996
  • the Metropolitan Adelaide Road Widening Plan under the Metropolitan Adelaide Road Widening Plan Act 1972
  • a lease, licence or native title mining agreement under the Mining Act 1971
  • a management plan under the Fisheries Management Act 2007
  • an aquaculture policy under the Aquaculture Act 2001
  • a regional landscape plan, water allocation plan or landscapes or water affecting activities control policy under the Landscape South Australia Act 2019.

Members of the public can lodge a request to the Minister for a minor or operational amendment to the Code. These requests should:

• clearly identify the error, inconsistency or irrelevant material within the Code which should be amended; or
• identify and justify that the amendment meets one or more of the criteria provided under section 76 of the Act.

All requests will be assessed and triaged in accordance with its impact on development assessment. The timing of these amendments will depend on the number and urgency of requests.

The Minister must seek advice from the Commission in deciding on these amendments; however, for straightforward matters these roles will be delegated to the department.

The ERDC will not be consulted on or referred to on minor or operational amendments to the Code.