Highways (Works for Residential Developments) Amendment Bill 2024 (SA)

South Australia Highways (Works for Residential Developments) Amendment Bill 2024 A Bill For An Act to amend the Highways Act 1926.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Highways Act 1926 3 Amendment of section 26—Powers of Commissioner to carry out roadwork etc 4 Amendment of section 27F—Power of entry on land 5 Amendment of section 32—Application of Highways Fund

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Highways (Works for Residential Developments) Amendment Act 2024. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Highways Act 1926 3—Amendment of section 26—Powers of Commissioner to carry out roadwork etc (1) Section 26, heading—delete "roadwork" and substitute: prescribed works (2) Section 26—delete subsection (2) and substitute: (2) The Commissioner may, with the approval of the Minister— (a) carry out roadwork in a district, provided that the Commissioner first gives notice in writing of the proposed roadwork, and of the date on which it is proposed to commence the roadwork, to the council; or (b) carry out prescribed works in a designated residential development area, provided that the Commissioner first gives notice in writing of the proposed prescribed works, and of the date on which it is proposed to commence the prescribed works, to the council for the district in which the area is located and, if the Minister thinks fit, to any owner of the land. (3) Section 26—delete subsection (5) and substitute: (5) The Commissioner may— (a) carry out roadwork in relation to a road vested in or under the care, control and management of the Commissioner (and in the case of a road in a district may do so without complying with subsection (2)(a)); (b) to the extent that such a road is located in a designated residential development area, carry out prescribed works in relation to the road (without complying with subsection (2)(b)). (4) Section 26—after subsection (9) insert: (9a) Any expenses incurred by the Commissioner in carrying out prescribed works in a designated residential development area, together with interest at the prescribed interest rate, may be recovered from— (a) the council for the district in which the area is located; or (b) with the approval of the Minister—the relevant developer, as a debt due to the Commissioner. (9b) If the Minister gives an approval under subsection (9a)(b), notice in writing of the approval must be given to the council for the district in which the area is located and to the relevant developer. (9c) Expenses and interest recovered under subsection (9a) must be paid into the Highways Fund. (9d) A council cannot raise or recover expenses referred to in subsection (9a) by way of a rate, charge, levy, fee or other amount imposed on ratepayers. (9e) Without limiting subsection (9d), a council cannot impose a separate rate, service rate or service charge on land used for residential purposes in a designated residential development area for the purpose of raising or recovering expenses referred to in subsection (9a). (5) Section 26—after subsection (12) insert: (13) The Commissioner may, by lodging a plan with the Registrar-General, in connection with prescribed works carried out by the Commissioner in a designated residential development area, open or close a road in the area. (14) A plan lodged under subsection (13) may specify that any road shown on the plan is a public road (in which case the road will be taken to have been established in accordance with the Roads (Opening and Closing) Act 1991 and to be a public road within the meaning of section 4 of the Local Government Act 1999). (15) The Commissioner may, by subsequent plan lodged with the Registrar-General, vary any plan lodged with the Registrar‑General under subsection (13). (16) The Registrar‑General will, at the direction of the Commissioner, take such action as may be required by the Commissioner for or in connection with the deposit of any plan with the Registrar-General. (17) Subject to subsection (18), the Planning, Development and Infrastructure Act 2016 does not apply in relation to prescribed works carried out by the Commissioner in a designated residential development area in accordance with this section. (18) Subsection (17) does not apply— (a) in a case that involves development in relation to a State heritage place in the circumstances contemplated by paragraph (e) of the definition of development under the Planning, Development and Infrastructure Act 2016 (on the basis that the Planning, Development and Infrastructure Act 2016 will only apply insofar as is relevant to the State heritage place); or (b) in a case that falls within the ambit of regulations (if any) made for the purposes of this paragraph. (19) The Minister may, by notice in the Gazette, designate an area as a designated residential development area for the purposes of this section if— (a) the area contains a development approved (whether before or after the commencement of this subsection) by a designated entity acting as the relevant authority for the development under the Planning, Development and Infrastructure Act 2016 or the Development Act 1993; and (b) the development is on land used for residential purposes; and (c) the Minister considers that it is appropriate for the purposes of the development for prescribed works to be carried out in the designated residential development area. (20) In this section— designated entity means— (a) a council; or (b) an assessment panel appointed by a council or a joint planning board; or (c) an assessment panel constituted by the Minister responsible for the Planning, Development and Infrastructure Act 2016; or (d) an assessment manager appointed by a chief executive of a council or a joint planning board; designated residential development area—see subsection (19); prescribed interest rate means a rate 5% above the cash rate published by the Reserve Bank of Australia (expressed as an annual rate); prescribed works means any 1 or more of the following for the purposes of a designated residential development area: (a) roadwork; (b) works related to the provision of public infrastructure; (c) works of a kind prescribed by regulation, and includes design works relating to works referred to in paragraphs (a) to (c); public infrastructure means infrastructure and other facilities used in or in connection with— (a) the supply of water, or electricity, gas or other forms of energy; or (b) the provision of telecommunications; or (c) the provision of stormwater, waste water or sewage management infrastructure; or (d) the provision of any other service of a kind prescribed by regulation, and includes other civil or structural works related to the provision of such infrastructure and facilities; related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth; relevant developer, in relation to a designated residential development area, means— (a) the person granted the development authorisation under the Planning, Development and Infrastructure Act 2016 or the Development Act 1993; or (b) any other person that is, in the opinion of the Minister, responsible for undertaking the development, and includes a related body corporate of a relevant developer that is a body corporate. 4—Amendment of section 27F—Power of entry on land Section 27F(2)(d)—after "Act" insert: (including the power to carry out prescribed works under section 26) 5—Amendment of section 32—Application of Highways Fund (1) Section 32(1)(b)—after "roads" second occurring insert: (including prescribed works (as defined in section 26)) (2) Section 32(1)(g)—after "roads" second occurring insert: (including prescribed works (as defined in section 26))