Norman Waterhouse
   
Norman Waterhouse

 

 

Normans Briefly

In this issue

Welcome to the September edition of our Local Government Briefly.

>   Development Plan Consent – Private Certifiers – Residential Code development
>   Employment – Long Service Leave (Calculation of Average Weekly Earnings) Amendment Bill 2015 (SA)
>   Property, Infrastructure & Development – Supreme Court clarifies the legal position on the payment of interest on non-monetary compensation under the Land Acquisition Act 1969 (SA)
>   Environment & Planning – Planning, Development and Infrastructure Bill 2015

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Development Plan Consent – Private Certifiers – Residential Code development

Private certification of planning consents for residential code development has taken time to gain traction. But now that it is becoming more prevalent, important questions are arising about:

  • the inter-relationship between private certifiers and councils; and
  • how to deal with a situation where it is considered that a certifier has exceeded power.
  1. What are the procedural requirements for applications for residential code development?

    Regulation 15(7a) requires that where a private certifier receives an application for the purposes of obtaining a development plan consent (which includes “residential code” development), the certifier must within two business days forward “a copy of the application” to the council. This must necessarily include a copy of the proposal plans.

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Employment – Long Service Leave (Calculation of Average Weekly Earnings) Amendment Bill 2015 (SA)

The Long Service Leave (Calculation of Average Weekly Earnings) Amendment Bill 2015 (SA) (the Amendment Bill) proposes to amend s 3(4)(a) and (b) of the Long Service Leave Act 1987 (SA) (the Act). The Bill was introduced into the House of Assembly and received its second reading speech on 9 September 2015.

The purpose of the amendment is to clarify that, in addition to periods of unpaid leave, any week where the casual or part-time worker is absent from work due to a compensable work-related injury, will be disregarded when calculating the average weekly earnings for the purposes of s 3(2) of the Act.

Please click here to read more.



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Property, Infrastructure & Development – Supreme Court clarifies the legal position on the payment of interest on non-monetary compensation under the Land Acquisition Act 1969 (SA)

A council may compulsorily acquire land pursuant to section 191 of the Local Government Act 1999 (SA) (in some cases the Minster’s consent will be required). Where a council exercises this right, the provisions of the Land Acquisition Act 1969 (SA) (LA Act) apply to the acquisition.

There are a number of provisions in the LA Act which regulate the payment of compensation for a compulsory acquisition of land. In particular:

  • Section 23 of the LA Act permits an acquiring authority to offer both monetary and non-monetary compensation for a compulsory acquisition of land. 

Please click here to read more.



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Environment & Planning – Planning, Development and Infrastructure Bill 2015

On 8 September 2015, the Honourable John Rau MP introduced the long awaited Planning, Development and Infrastructure Bill 2015 (the Bill) into Parliament.

The Bill departs from the current Development Act 1993 in a number of key ways, including:

  • the creation of a State Planning Commission to perform both assessment and advisory functions;

Please click here to read more.



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