Development (Panels) Amendment Act 2006

The Development (Panels) Amendment Act 2006 was passed by State Parliament on Thursday 22 June 2006. The Act makes changes, amongst other things, to the composition of Council Development Assessment Panels. These changes must be in place by 26 February 2007.

Legislation

To get a copy of the Act, visit the SA Legislation website:

Other Documentation

Panels Act - summary of key elements

Planning consent - delegation of powers and function

Under the changes to the Development Act introduced by this amending Act (effective 26 February 2007) a council must delegate its powers and functions as a relevant authority with respect to determining whether or not to grant provisional development plan consent under the Act to –

a) its council development assessment panel (see below for information on changes to the composition of such panels); or
b) a council officer (but not an elected member); or
c) a regional development assessment panel (if one exists).

A council cannot determine an application for provisional development plan consent in its own right unless the Minister for Urban Development and Planning has granted an exemption from the Act’s requirements to establish a council development assessment panel (a small number of rural councils have been granted exemptions).

There are no changes to the ability of a council or a private certifier of building work to grant a provisional building rules consent. The council will continue to be the responsible body for granting final development approval.

As was the case before the changes outlined above, work must not commence until a development approval has been granted.

In accordance with section 21A of the Development Act 1993 the Minister has adopted a Code of Conduct for members of the Development Assessment Commission, members of council development assessment panels and delegates. The code will also apply to members of a regional development assessment panel if/once such a panel is established by regulatory amendment.

Composition of Panels 

The changes introduced by this amending Act require (as of 26 February 2007) each Council Development Assessment Panel (DAP) to consist of seven members*, with:

  • a specialist/independent presiding member (who is not a member of council or council staff),
  • at least three other specialist/independent members (who are not members of council or council staff), and 
  • up to three elected council members or council staff.

Members are to be appointed by Council. The Act does not specify the skills or experience required by these specialist members, as the experience required will vary from area to area. However, members must have a reasonable knowledge of the operation and requirements of the Development Act. The term of office for a Panel member will be two years (members are eligible for reappointment).

*The Bill enables the Minister to agree to a variation in the number of members comprising a panel from seven up to nine or down to five in certain cases. This provision has been made particularly in response to submissions from rural councils, which indicated that a five person panel would be more appropriate in some cases. The Bill does not change the provisions in the current Development Act relating to the membership of potential regional Development Assessment Panels, which came into operation in July 2001.

The Bill makes all panel members subject to the same financial register, conflict of interest and disclosure of confidential information provisions, in order to promote consistent impartial operations of panels across the State.

The Bill also requires each Council DAP have a designated public officer to ensure that any complaints about the operations of the panel are properly investigated.

Implementation of changes

  • On 26 February 2007, the Minister adopted a Code of Conduct for the new Council DAPs, the DAC, Regional Panels and delegates
  • The “Registration of Financial Interests” form to be completed by independent members of the CDAP was incorporated into the Development Regulations by Gazette Notice on 22 February (see www.governmentgazette.sa.gov.au). The existing Regulations require that the independent CDAP members complete these forms within six weeks of 26 February 2007
  • On 18 December 2006 the Minister wrote to Councils with further infromation regarding implementation of the Panels Act: CDAP Implementation - Letter to Councils [PDF 25KB]
  • On 23 November 2006 the Development (Panels) Amendment Act 2006 was brought into operation by a Governor’s proclamation. The Development (Panels) (Transitional Provisions) Regulations 2006 were also gazetted on 23 November. These transitional regulations effectively gave all councils up until 26 February 2007 [unless exempted by the Minister] to appoint their new CDAP (with an independent presiding member and majority of independent members), make delegations to their CDAP, publish a delegation policy, appoint a public officer to the CDAP and set up a financial register for members. The transitional regulations also address the matter of development applications lodged prior to the new CDAPs being in place, up to 26 February 2007.
  • Minister Holloway wrote to Councils in November confirming that new Council Development Assessment Panels will be required to exist no later than Monday 26 February 2007 (letter from Minister Holloway to Councils: Letter to Councils regarding CDAP start date (sent 6 November 2006) [PDF 11 KB])
  • The Local Government Association has produced an Establishment Guide for Councils establishing new DAPs: LGA Establishment Guide for Council DAPs [PDF 259 KB]
  • Planning SA has also produced an informal checklist for Councils: Checklist - Establishing Panels [PDF 29 KB]

Follow the debate

The Bill was debated on the following days (links to SA Parliament Hansard):

  • Tuesday 2 May 2006 - Introductory (second reading) speech and explanation of clauses (Legislative Council)
  • 30 May 2006 - speeches and debate in Legislative Council
  • 1 June 2006 - speeches and debate in Legislative Council
  • 6 June 2006 - speeches and debate in Legislative Council
  • 8 June 2006 - speeches and debate in Legislative Council. The Bill was passed by the Legislative Council, with some amendments, on Thursday 8 June 2006 

The amendments made in the Legislative Council deleted a requirement for the Minister to concur with council on the proposed specialist presiding member and specialist members. The Legislative Council also added provisions to enable non-Metropolitan Councils to seek Ministerial exemption from forming a Development Assessment Panel. In addition provision was added to require councils to make their delegation policy available to the public at council chambers and on the council’s website.

The Bill was then debated in in the House of Assembly:

  • 8 June 2006 - speeches and debate in House of Assembly 
  • 21 June 2006 - speeches and debate in House of Assembly 
  • 22 June 2006 - speeches and debate in House of Assembly. The Bill was passed by the House with another minor amendment on 22 June 2006, which was agreed to by the Legislative Council on the same day. 

Further Information

For further information contact the Planning SA System Improvement branch through the listing on the Contact Us page.