Who can initiate a Code Amendment?

A council or a joint planning board, subject to the approval by the Minister, can undertake a Code Amendment process to:

1. Rezone areas, using the current zone structure in the Code
2. Amend technical numerical variations in the Code
3. Amend an Overlay in the Code
4. Designate a place or area as having local heritage value in the Code
5. Declare a tree, or stand of trees, as significant in the Code
6. In exceptional circumstances, prepare or amend a zone or create a subzone in the Code.

A council or a joint planning board may also request the Minister to:

• Approve a minor or operational change to the Code; or
• Approve a complying change to the Code after the completion of a Regional Plan.

Government agencies, subject to approval by the Minister, can undertake a Code Amendment process on planning matters relevant to their areas of responsibility. This includes in particular overlays and zones connected to development assessment referrals.

Alternatively, if the issue is of state significance, the Commission may undertake the Code Amendment on the agency’s behalf. It is recommended that government agencies undertake early conversations with the the Department for Trade and Investment (the department) if considering an amendment to the Code.

Where a landowner or developer would like to have a property rezoned, it is recommended that in the first instance the landowner or developer approaches the relevant council and seek their preliminary advice. Depending on the advice received, it is then recommended that the land owner or developer engages a planning consultant for further advice and assistance in pursuing the rezoning.

To progress an amendment to the Code relating to land which a party owns or has an interest in, that party can:

1. Request that the council undertake a Code Amendment process. The council will have its own policies regarding how it considers individual requests for rezonings. Some councils have an established policy for developer funded amendments where the developer is required to either draft or pay for the proposed Code Amendment.
2. Lodge a Proposal to Initiate a Code Amendment via the PlanSA portal. Private rezonings may be undertaken by the private proponent or by the Chief Executive of the department on the proponent’s behalf.
   
   For the 12 months following full implementation of the Code, it is intended that Code Amendments will be prepared and led by private proponents (land owners or developers) rather than by the Chief Executive of the department. In the Proposal to Initiate, the private proponent may indicate a preference on who prepares the Code Amendment, but this will be the Minister’s decision at the initiation phase.
   1. Code Amendments prepared by private proponents
      If a private proponent is proposing to undertake the Code Amendment itself, the private proponent will need to provide a declaration of their interest in the land when they complete the Proposal to Initiate. That proposal cannot include land that the private proponent doesn’t have a legal or equitable interest in.
      
      It is also expected that a private proponent will provide or obtain professional services from a person with qualifications and experience that is equivalent to an Accredited Professional – Planning Level 1 under the Planning, Development and Infrastructure Act 2016, in order to undertake the Code Amendment process.
   2. Code Amendments prepared by the Chief Executive
      If the Code Amendment is to be prepared by the Chief Executive of the department, it will be expected that the private proponent will prepare the specialist investigations (such as traffic studies and site contamination investigations) and will pay the department for the reasonable costs of undertaking the remainder of the Code Amendment process. This will include the preparation of the Code Amendment documentation as well as undertaking engagement.
      
      Regardless of who undertakes your Code Amendment process, a private proponent may also be required to enter into deeds and agreements for future infrastructure costs prior to approval of the Code Amendment.

Essential infrastructure includes:

• water infrastructure and sewerage infrastructure (Water Industry Act 2012)
• communications network
• electrical infrastructure
• gas infrastructure
• transport networks or facilities
• coast protection works of sand replenishment facilities
• health, education or community facilities.

A provider of essential infrastructure may seek to have land rezoned for infrastructure facilities and associated works, or may seek to amend overlays to provide protective buffers to significant infrastructure. It is recommended that, in the first instance, a provider of essential infrastructure speak to the department about the proposal.

After initiation, the Code Amendment processes may be undertaken by the provider of essential infrastructure or the Chief Executive of the department.

If the Code Amendment is to be prepared by the Chief Executive of the department, it will be expected that the provider of essential infrastructure will prepare the specialist investigations (such as traffic studies and site contamination investigations) and will pay the department for the reasonable costs of undertaking the remainder of the Code Amendment process. This will include the preparation of the Code Amendment documentation as well as undertaking engagement.

An Infrastructure Scheme Coordinator is responsible for preparing, developing and implementing infrastructure schemes initiated by the Minister for Planning.

An Infrastructure Scheme is a mechanism used for the coordination and delivery of infrastructure in response to the needs and impacts of a proposed development. The Scheme Coordinator may undertake a Code Amendment alongside the development of an infrastructure scheme, with approval of the Minister in consultation with the department.