Under the Act, the State Planning Commission (SPC) is responsible for establishing and maintaining the Community Engagement Charter (the Charter) [s 44(2)]. A copy of the Community Engagement Charter is available on the Plan SA - Community Engagement Charter webpage (opens new window).

The Charter sets out guidelines and process for development bodies to consult with the community on state planning and local development policy. The Charter concentrates on including the community in the development of planning policy. It does not include community engagement for the development assessment of specific development projects. See also 'Appeals' generally.

For example, community members may be concerned about a proposal to rezone certain land from 'light' to 'general' industry. These concerns may be addressed during the planning policy amendment process, rather than trying to challenge individual factories which seek to set up in the new zone. Once a rezoning has gone through, it will usually be too late to argue that the zoning is inappropriate or that it adversely affects local amenity.

The Charter has a statutory role under the new planning and development laws. It must be used to guide how development authorities seek public participation when amending development policies or developing new policies.

The Charter consists of mandatory requirements, general principles, and performance outcomes for community engagement. The Charter must be used to guide public consultation in respect of developing or amending the following planning policies and strategies:

Mandatory requirements

Development and planning bodies which the Charter applies to must comply with the mandatory requirements under the Charter. The relevant mandatory requirements depend on the consultation category that the proposed amendment to development policy relates to [see s 44(6) of the Act for example].

Table 1: Sets out the mandatory community engagement requirements, depending on the type of development policy.

Table 1: The content of Table 1 is reproduced under Creative Commons Licence and is attributed to The Department of Planning, Transport and Infrastructure, the Government of South Australia, Community Engagement Charter – April 2018, Sourced on 17 February 2021, https://plan.sa.gov.au/resources/planning/community_engagement_charter.

Principles of the Community Engagement Charter

The Community Engagement Charter seeks to ensure communities have enough time and the opportunity to participate in consultation, or access to information, about policy planning and development [s 44(3)].

The Charter sets out, among other things that the engagement processes must be:

Performance Outcomes & Measuring Performance

The Charter also outlines performance outcomes (from successful community engagement) and how the performance outcomes are measured. A copy of the Community Engagement Charter is available on the Plan SA - Community Engagement Charter webpage (opens new window).

Compliance with the Community Engagement Charter

The State Planning Commission is responsible for ensuring that the Charter is complied with. The SPC may provide direction to development body or intervention if it considers the Charter is not being complied with. In some cases, the SPC may intervene and undertake the community engagement process on behalf of the development body. In these circumstances the SPC may recover the cost of undertaking the community engagement from the development body.

The State Planning Commission can also direct a planning entity or local government authority to consult with a particular person in the community or community body to ensure the objectives of the charter are met.The Community Engagement Charter applies to various development and planning bodies, including:

Amendments to Planning and Development Policies

The types of planning policies that may be amended under the Act are:

Designated development bodies may propose to prepare a new planning policy, or amend an existing policy under the Act. The process for a development body initiating the creation of a new planning policy, or proposing an amendment to an existing policy is set out below.

Step 1:

The designated development body (i.e. Council) initiates a proposed new policy or an amendment to a specific development policy, and outlines the engagement process to be followed.

Step 2:

Minister for Planning approves the preparation of the new policy document or proposed amendments [s 73(2)].

Step 3:

The designated development body (i.e. Council) prepares draft of the new policy document or proposed amendments to an existing policy.

Step 4:

Designated development body undertakes community engagement and consultation in accordance with Community Engagement Charter about the new policy or proposed amendment [s 73 (6)(b)]

Step 5:

The outcomes of community engagement and consultation are reported to the Minister for Planning in accordance with practice directions [ s 73(7)]. A copy of the report is made available on the SA Planning Portal [s 73(8)].

The State Planning Commission also checks the engagement process under Charter has been followed [s44(10, s 73(6)(e) & (f), and prepares a report for ERD Committee [s 74(3)].

Step 6:

After having received the report, the Minister then determines whether to adopt the new policy, accept the amendments of the existing policy, or make alterations [s 73(1)(c) and (d)]

If the Minister decides to adopt the new policy or amendments, the must be published (either in the Gazette if State Planning Policy, or one the SA Planning Portal [ss 73(12)(a) and (b)]. The new policy or amendments do not take effect until they are published, or from a later date specified by the Minster [s 73(12)(c)].

Step 7:

The Minister (or the SPC on the Ministers behalf) provides information about the new policy or amendments to the Environment, Resource Development Committee of Parliament within 28 days of adopting the new policy or amendment [s74 (2)]. The information provided to the ERD Committee must include a report setting out the reasons for the amendment or new policy, an outline of the consultation process undertaken, and any other relevant material or information prescribed in the regulations [s 74(3)]. The ERD Committee then has 28 days to resolve to:

If the ERD Committee has not come to any resolution after 28 days then it is presumed that the ERD Committee does not object to the new policy or amendment [s74 (5)].

Step 8:

If an amendment is suggested

if the ERD Committee suggests an amendment, the Minister may:

if the policy is objected to

If the ERD Committee continues to object to the policy, the policy (new or amended) is laid before both Houses of Parliament for discussion and resolution [s 74(11)]. If either House of Parliament passes a resolution to disallow the policy then policy ceases to have effect [s 74(12)]. If the policy has been through the process of amendment that has been disallowed, the original policy will continue to apply as it if had not been amended by the proposed amendment [s 74(12)]. Notice of the resolution must be published in the state Gazette.

Community Engagement on Development Applications

The Community Engagement Charter does not have a statutory role in the assessment of development applications. The relevant public notification requirements and feedback procedures in relation to development applications are set out in the Act and regulations. These requirements vary across the different assessment pathways within the new planning system. See 'Public Consultation'.