Preparing a proposal to initiate a Code Amendment

Planning practitioners and proponents will need to consider the following when providing advice about Code Amendments or considering whether a Proposal to Initiate should be prepared.

• Determine whether the proposal is considered consistent with the strategic documents, including:
  • State Planning Policies
  • relevant Regional Plans
  • other strategic documents.
• Consider any significant planning matters that may be relevant such as:
  • site contamination
  • infrastructure availability (including roads)
  • native vegetation
  • hazard management such as flooding and bushfire
  • built form and design
  • heritage.
• Where the proponent is a land owner or a developer (or other “private proponent”, the private proponent should consult with the Chief Executive of the relevant council or joint planning board prior to lodging a Proposal to Initiate. Feedback from the council or the JPB should inform a preliminary assessment of the proposal. Evidence of this preliminary consultation is required when lodging the Proposal to Initiate. If that evidence is not provided, the Department will undertake that preliminary consultation on behalf of the private proponent, which may mean additional time is required to process the Proposal to Initiate.
• For complex proposals it is recommended that a meeting is arranged with the Department prior to commencing the next step (email: CodeAmendmentCoordination@sa.gov.au). Depending on the type and complexity of issues it may be necessary for government agencies to be involved in these meetings as well.

The mandatory requirements (as required in Practice Direction 2) for lodging a Code Amendment include:

• for private proponents – declaration of your interest in the relevant land
• proposal to Initiate which sets out:
  • scope of the Code amendment
  • affected area
  • Code modules affected
  • alignment with State Planning Policies
  • alignment with Region Plans
  • alignment with other strategic documents
  • council and joint planning board comments
  • consultation
  • investigations
  • timetable
  • for private proponents:
    • a request (or otherwise) to be the designated entity responsible for undertaking Code Amendment processes
    • where the private proponent wishes to be the designated entity, information regarding the qualifications and experience of consultants or employees available to undertake the Code Amendment process.

Using the Proposal to Initiate template (DOCX, 60 KB) will assist with meeting the requirements in Practice Direction 2.

Using the Checklist for investigations and consultation (PDF, 429 KB) and the Code Amendment investigations table (PDF, 766 KB) will also assist in populating the Proposal to Initiate template.

The Code Amendment publication instructions – for initiation (DOCX, 22 KB) will confirm the details for publication on the PlanSA portal once the Code Amendment has been initiated. This includes contact details for the Designated Entity and a summary of the Code Amendment to inform the public.

When the documentation is completed and endorsed by the Proponent it must be lodged through the PlanSA portal. The Proposal to Initiate and any supporting documentation or attachments should be lodged as PDF files.

On receipt of the Proposal to Initiate, the following steps will be undertaken:

1. Department undertakes review
   • The Department ensures that all mandatory requirements have been met and will advise the proponent if any further information is required in order to progress the Proposal to Initiate.
     
     The Department will undertake this step within one week
2. Commission provides advice to the Minister
   • The Department will refer the proposal to specific government agencies for comment if it will assist in providing advice to the Commission on its strategic assessment of the Proposal to Initiate.
   • The Commission will consider the Proposal to Initiate and provide advice to the Minister.
   • The Commission may advise the Minister regarding conditions to be placed on an approval to initiate the Code Amendment.
   • The Commission may also specify:
     • additional investigations that must be carried out or any information that should be provided in preparing the Code Amendment; or
     • any person or body that the Commission considers should be consulted on the Code Amendment.

   It is anticipated that this step will take 6 weeks from when the Department completes its review, and provided that all mandatory requirements are met. Additional time may be required when referrals to other government agencies are undertaken, and if any further information or clarification is required from those agencies.

The Minister will consider the Commission’s advice and make a decision on whether to initiate the proposed Code Amendment.

Conditions may be placed on the approval by the Minister. In some circumstances, this might include a requirement to seek further approval from either the Commission or the Minister prior to consultation commencing.

For proposals by a person with an interest in the land or a provider of essential infrastructure, the Minister will advise whether the proponent will undertake the Code Amendment process or the Chief Executive of the Department will undertake the process.

The party responsible for undertaking the Code Amendment will become the “Designated Entity”.

The proponent as well as the relevant council and joint planning board (if they are not the proponent) will be notified of the Minister’s decision.

The Proposal to Initiate will also be published on the PlanSA portal, after the Minister approves initiation.