Statutes Amendment (Heritage) Bill 2025 (SA)

South Australia Statutes Amendment (Heritage) Bill 2025 A Bill For An Act to amend the Heritage Places Act 1993 and the Planning, Development and Infrastructure Act 2016.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Heritage Places Act 1993 3 Amendment of section 3—Interpretation 4 Amendment of section 5A—Functions of the Council 5 Amendment of section 14—Content of Register 6 Amendment of section 18—Submissions etc in relation to provisional entries in Register and related designations 7 Amendment of section 24—Alteration of Register if place to be designated as place of local heritage value 8 Amendment of section 33—Effect of heritage agreement 9 Amendment of section 36—Damage or neglect 10 Insertion of section 37 37 Assessment of State Heritage Place 11 Amendment of section 38—No development orders 12 Amendment of section 45—Regulations 13 Amendment of Schedule 2—Heritage agreement relating to Beechwood Garden Part 3—Amendment of Planning, Development and Infrastructure Act 2016 14 Amendment of section 3—Interpretation 15 Insertion of section 119A 119A Requirement for application involving demolition of State heritage place

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Statutes Amendment (Heritage) Act 2025. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Heritage Places Act 1993 3—Amendment of section 3—Interpretation (1) Section 3(1), definition of Development Plan—delete the definition (2) Section 3(1), definition of local heritage place—delete the definition and substitute: local heritage place means a place that is designated as a place of local heritage value by the Planning and Design Code; (3) Section 3(1), definition of mining tenement, (b)—delete "Petroleum Act 2000;" and substitute: Energy Resources Act 2000; or (4) Section 3(1)—after the definition of place insert: Planning and Design Code means the Planning and Design Code under the Planning, Development and Infrastructure Act 2016; (5) Section 3(1), definition of State Heritage Area—delete "by a Development Plan" and substitute: by the Planning and Design Code 4—Amendment of section 5A—Functions of the Council (1) Section 5A(1)(b)(iii)—delete "Development Act 1993" and substitute: Planning, Development and Infrastructure Act 2016 (2) Section 5A(1)(c)—delete paragraph (c) and substitute: (c) to provide advice (especially from a strategic perspective) to the State Planning Commission on matters relating to— (i) the interpretation or application of the criteria set out in section 67(1) of the Planning, Development and Infrastructure Act 2016 (and, if appropriate, the consideration of any potential amendment with respect to those criteria); and (ii) other matters on which the State Planning Commission is required to consult with the Council under the provisions of that Act; (3) Section 5A(3)—delete "Development Act 1993" and substitute: Planning, Development and Infrastructure Act 2016 5—Amendment of section 14—Content of Register (1) Section 14(1)(c)—delete "designated by a Development Plan" and substitute: listed in the local heritage place overlay in the Planning and Design Code (2) Section 14(1)(e)—delete paragraph (e) and substitute: (e) any historic area listed in the historic area overlay in the Planning and Design Code; and (3) Section 14(4)—delete "a Development Plan" and substitute: the Planning and Design Code (4) Section 14(4)(b)—delete "any provision of the Development Plan" and substitute: the Planning and Design Code (5) Section 14(5)(a)—delete "Development Act 1993" and substitute: Planning, Development and Infrastructure Act 2016 6—Amendment of section 18—Submissions etc in relation to provisional entries in Register and related designations Section 18(8)—delete "Development Plan relating to the area in which the place is situated" and substitute: relevant provisions of the Planning and Design Code 7—Amendment of section 24—Alteration of Register if place to be designated as place of local heritage value (1) Section 24(3)(a)—delete paragraph (a) and substitute: (a) recommend to the Minister responsible for the administration of the Planning, Development and Infrastructure Act 2016 that an amendment be made to the Planning and Design Code under section 76 of that Act so that the place or part of the place (as the case may be) is designated as a place of local heritage value; and (2) Section 24(3)(b)—delete "Development Plan" and substitute: Planning and Design Code 8—Amendment of section 33—Effect of heritage agreement Section 33(2)(g)—delete "section 37 of the Development Act 1993" and substitute: section 122 of the Planning, Development and Infrastructure Act 2016 9—Amendment of section 36—Damage or neglect (1) Section 36(5)—delete "Development Act 1993" and substitute: Planning, Development and Infrastructure Act 2016 (2) Section 36(5)—delete "Petroleum Act 2000" and substitute: Energy Resources Act 2000 10—Insertion of section 37 After section 36 insert: 37—Assessment of State Heritage Place (1) The Council must, for the purposes of section 119A of the Planning, Development and Infrastructure Act 2016, on application by a person considering the undertaking of development involving the demolition of the whole of a State Heritage Place, prepare a report in relation to the State Heritage Place. (2) An application under subsection (1) must— (a) be made in a manner and form determined by the Council; and (b) include, or be accompanied by, such information or documents as may be required by the Council; and (c) be accompanied by the prescribed fee. (3) A report prepared in relation to a State Heritage Place under this section must— (a) assess the heritage significance of the place in accordance with the criteria set out in section 16(1); and (b) include any other information prescribed by the regulations. (4) The Council must, within 10 weeks after receiving an application under subsection (1), publish a copy of the report on a website determined by the Minister and invite members of the public to make written submissions to the Council, within 4 weeks after the report is published (the consultation period), in relation to the report and the heritage significance of the State Heritage Place the subject of the report. (5) The Council must, within 4 weeks after the end of the consultation period in relation to a report under this section— (a) finalise the report (which must include a summary of any submissions received during consultation); and (b) provide a copy of the finalised report to the Minister. (6) The Minister must, within 5 sitting days after receiving a report under subsection (5), cause a copy of the report to be laid before both Houses of Parliament. 11—Amendment of section 38—No development orders Section 38(4), definition of development—delete "Development Act 1993" and substitute: Planning, Development and Infrastructure Act 2016 12—Amendment of section 45—Regulations (1) Section 45, heading—after "Regulations" insert: and fee notices (2) Section 45(2)(b)—delete "fix or regulate" and substitute: prescribe (3) Section 45—after subsection (2) insert: (2a) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. 13—Amendment of Schedule 2—Heritage agreement relating to Beechwood Garden Schedule 2, clause 2(3)(a)—delete "Development Act 1993" and substitute: Planning, Development and Infrastructure Act 2016