Draft Amendments to PDI Act Regulations Out for Comment

The Government has released for public comment proposed amendments to the Planning, Development and Infrastructure (General) Regulations 2017 (General Regulations) and the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019 (AP Regulations).

The draft amending regulations are available here.

Proposed Amendments to the General Regulations

There are a number of proposed changes to the General Regulations. Most notable of these are:

• amending the definition of ‘operative date’ so that, as with appeals, where a consent is the subject of a review the operative date will be the date on which the review is finalised;
• providing applicants for review to an assessment panel with a right to provide submissions, and if a hearing is held, a right to appear and make submissions at the hearing;
• where referral or notice requirements must be repeated following the amendment of a development application, granting the relevant authority additional time in accordance with reg 53 of the General Regulations to assess the application;
• expanding the relevant entities under the Water Industry Act 2012 capable of establishing requirements relating to the provision of water supply and sewerage services against which land division applications must be assessed to effectively include relevant councils; and
• designating the State Planning Commission as the relevant authority for development spanning two or more council areas, other than in areas where a regional assessment panel has been constituted.

Proposed Amendments to the AP Regulations

Changes to the AP Regulations largely relate to simplifying renewal and CPD requirements. Notable amongst the other changes is the proposed exemption for council officers and employees to reg 30 of the AP Regulations. This regulation prohibits accredited professionals from performing any function of an accredited professional in relation to a development if the accredited professional:

• … has been involved in any aspect of the planning or design of the development (other than through the provision of preliminary advice of a routine or general nature); or
• … has a direct of indirect pecuniary interest in any aspect of the development or any body associated with any aspect of the development; or
• … is employed by any person or body associated with any aspect of the development.

Crown employees are currently exempted from paragraphs (b) and (c) of this regulation. It is proposed that this same exemption be extended to the officers and employees of a council to enable them to assess development for which the council is the applicant.

It is also proposed to make changes to the accredited professional scheme, including CPD requirements.

Consultation

Consultation on the draft amending regulations presents a valuable opportunity for stakeholder input on the proposed amendments.

Consultation closes at 5.00 pm on Friday, 24 February 2023. Submissions can be made by email to plansasubmission@sa.gov.au.

For more specific information on any of the material contained in this article, please do not hesitate to contact Peter Psaltis on +61 8 8210 1297 or PPsaltis@normans.com.au.