Preparing a Code Amendment

The engagement process for all Code Amendments must be undertaken in accordance with the Community Engagement Charter (the Charter) which requires that:

• engagement is genuine
• engagement is inclusive and respectful
• engagement is fit for purpose
• engagement is informed and transparent
• engagement processes are reviewed and improved.

The Charter establishes an outcome-based, measurable approach for engaging communities. It provides a flexible framework that enables fit-for purpose engagement rather than prescriptive minimum standards such as minimum periods of engagement. The engagement is therefore tailored to the characteristics of the community and the Code Amendment.

The first step for meeting the Charter’s requirements is the preparation of an Engagement Plan that sets out how it is intended that engagement will meet the Charter’s principles. Guidance and templates for preparing an Engagement Plan are provided in the Community Engagement Toolkit on the PlanSA portal.

Engagement must be undertaken in accordance with the Engagement Plan, and as the engagement is reviewed the Engagement Plan may be updated to include additional engagement activities.

The steps for preparing a Code Amendment are as follows:

1. Undertake preliminary consultation (optional)

   The Designated Entity may consider undertaking preliminary consultation with key stakeholders, such as land owners and government agencies as the first stage of the Code Amendment preparation process. This may assist in determining suitable options for the Affected Area. Any preliminary consultation undertaken should be recognised in the Engagement Plan.

2. Undertake investigations

   The Designated Entity will need to undertake detailed investigations as outlined in the approved Proposal to Initiate (and any investigations required by conditions of approval advised by the Minister, or any investigations specified by the Commission). In most cases, this will require engaging a suitably qualified consultant with particular expertise in the area to be investigated.

3. Provide drafting and mapping instructions to the department

   The Planning, Development and Infrastructure Act 2016 requires the Code to provide a single place for planning policy which must be easily understood and provide consistency in its interpretation and application. The continued success of the Code will depend on strict management of the content being amended and an understanding of the impact of amending one component of the Code on another.
   
   The existing policy structure of the Code must be maintained at all times. As a result, the Designated Entity will be required to provide Drafting and Mapping Instructions to the Department in order to obtain the proposed draft Code policy and mapping to include in the draft Code Amendment. There is a Code Amendment writing and mapping instructions template (DOCX, 22 KB) available. Once completed this should be sent to CodeAmendmentCoordination@sa.gov.au. For further information refer to the Guide to Drafting and Mapping Instructions for Code Amendments (PDF, 431 KB).
   
   As part of this process, the Department will draft the policy required for the Code from a technical perspective (including, for example, ensuring that all linkages and terminology are consistent with definitions). The role of the Department in this context is to prepare draft amendments that reflect the proposed policy, not to make an assessment of the policy intent or its strategic value. The draft amendments will be provided by the Department to the Designated Entity for their approval and for consultation purposes.
   
   The Department may also prepare draft mapping which will be provided to the Designated Entity to verify its accuracy. In this case, a snapshot of the proposed mapping can then be provided to the Designated Entity for consultation purposes if necessary. This mapping will also be used to update the Code Amendment Map Viewer which identifies the status of current Code Amendments.

1. Preparation of the draft Code Amendment

   A draft Code Amendment should be prepared which summarises procedural matters, strategic assessment of the proposal and investigations undertaken to support the proposed Code Amendment. The Code Amendment template (DOCX, 71 KB) should be used as the basis for the draft Code Amendment.
   
   The Designated Entity needs to ensure that the draft Code Amendment documentation contains the information required for stakeholders to be informed about the proposed Code Amendment and the process that is being undertaken. Refer to the Community Engagement Charter toolkit for more information.

2. Finalise infrastructure planning arrangements

   The Designated Entity will need to consider any other processes that may need to occur alongside the Code Amendment process in order to achieve infrastructure outcomes, urban design outcomes and/or public realm outcomes which are identified in the Proposal to Initiate or the draft Code Amendment.
   
   This might include entering into agreements or other arrangements with infrastructure provides on the future provision of infrastructure. Detailed investigations may be required in order to inform the scope and content of any infrastructure agreements which need to be put in place.

3. Obtain necessary approvals

   The Designated Entity must ensure the correct approval process has been completed prior to proceeding to consultation. At this point, it is important that all the requirements of the approved Proposal to Initiate have been met, as well as any conditions of approval advised by the Minister, and any information or investigation requirements specified by the Commission.
   
   If the Code Amendment was initiated with a condition requiring consultation approval by either the Minister, the Commission or the Department, then the draft Code Amendment and Engagement Plan must be forwarded to the Department at this point, prior to consultation commencing.

4. Provide publication instructions to the Department

   The Planning, Development and Infrastructure Act 2016 requires that the SA planning portal includes a facility which allows members of the community to make submissions and provide feedback as part of consultation on the proposed Code Amendment.
   
   In order to request publication of a draft Code Amendment on the SA planning portal during the consultation period, a Designated Entity should provide instructions to the Department, by using the publication instructions template (DOCX, 24 KB). Once completed this should be sent to CodeAmendmentCoordination@sa.gov.au.