Planning, Development and Infrastructure (Fast Food Restaurants near Schools) Amendment Bill 2025 (SA)

South Australia Planning, Development and Infrastructure (Fast Food Restaurants near Schools) Amendment Bill 2025 A Bill For An Act to amend the Planning, Development and Infrastructure Act 2016.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Planning, Development and Infrastructure Act 2016 3 Insertion of Part 10 Division 2B Division 2B—Special provisions relating to fast food restaurants near schools 135B Preliminary 135C Prohibition on approval of fast food restaurants near schools 135D Leases, licences relating to fast food restaurants near schools to expire

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Planning, Development and Infrastructure (Fast Food Restaurants near Schools) Amendment Act 2025. 2—Commencement (1) Subject to this section, this Act comes into operation on the day on which it is assented to by, or on behalf of, the Crown (assent). (2) Section 135C of the Planning, Development and Infrastructure Act 2016 (as inserted by section 3) comes into operation 1 month after assent.

Part 2—Amendment of Planning, Development and Infrastructure Act 2016 3—Insertion of Part 10 Division 2B Part 10—after Division 2A insert: Division 2B—Special provisions relating to fast food restaurants near schools 135B—Preliminary (1) In this Division— fast food restaurant means premises used primarily for the purposes of the sale of food (including beverages) for consumption (on or off the premises) trading under any of the following names (or substantially similar names): (a) AMPM; (b) Ampol Foodary; (c) Carl's Jr.; (d) Coles Express; (e) Domino's Pizza; (f) Hungry Jack's; (g) KFC; (h) Krispy Kreme; (i) McDonalds; (j) Nandos; (k) Oporto; (l) OTR; (m) Pizza Hut; (n) QuickStop; (o) Red Rooster; (p) Wendy's Milk Bar; (q) X Convenience; (r) any other name (or substantially similar names) specified by the Minister for the purposes of this definition and published on the SA Planning Portal; roadside service station means premises where fuel for vehicles (such as petroleum products within the meaning of the Petroleum Products Regulation Act 1995) is offered and supplied for retail sale; school has the same meaning as in the Education and Children's Services Act 2019. (2) Nothing in this Division is to be taken to prevent the operation of a roadside service station within 400 m of a school in connection with a name referred to in the definition of fast food restaurant (or substantially similar name), provided that the roadside service station does not sell food (including beverages) for consumption (on or off the premises). 135C—Prohibition on approval of fast food restaurants near schools Development authorisation must not be granted for a proposed development involving— (a) the construction or installation of a fast food restaurant within 400 m of a school; or (b) a change in the use of land within 400 m of a school to a use primarily for the purposes of a fast food restaurant. 135D—Leases, licences relating to fast food restaurants near schools to expire (1) A person must not enter into a prescribed lease or licence on or after the commencement of this section. (2) A prescribed lease or licence cannot be renewed or extended on or after the commencement of this section (but nothing in this section prevents a prescribed lease or licence from continuing in effect until the day on which it expires according to its terms as in force on that commencement (and that day cannot be varied on or after the commencement of this section). (3) A person who contravenes a provision of this section is guilty of an offence. Maximum penalty: $20 000. (4) This section applies despite this or any other Act or law. (5) In this section— prescribed lease or licence means a lease or licence of premises within 400 m of a school that allows the use of the premises primarily for the purposes of a fast food restaurant.