Eastern Eyre Peninsula Regional Development Assessment Panel

EASTERN EYRE PENINSULA REGIONAL DEVELOPMENT ASSESSMENT PANEL

Terms of Reference

1. / Name
1.1 / The name of the Panel shall be the Eastern Eyre Peninsula Regional Development Assessment Panel.
2. / Establishment
2.1 / The Eastern Eyre Peninsula Regional Development Assessment Panel (the “Panel”) is established pursuant to Section 34 of the Development Act 1993 (the "Act"). and consists of the District Council of Kimba, the District Council of Cleve and the District Council of Franklin Harbour ( the “Councils”). (Appendix A)
2.2 / The Panel will, at all times, act in accordance with the Schedule 30 of the Development Regulations 2008 and these procedures.
3. / Purpose
3.1 / The Panel will, in accordance with the authority delegated to it by the Councils, assess all development applications that are referred to it by an Authorised Council Officer .
4. / Powers and Functions
4.1 / The powers, functions and duties of the Panel are to be exercised in accordance with the Act, the Regulations and these procedures.
4.2 / The powers, functions and duties that have been delegated to the Panel by the Councils are as follows:-
·  Category 2 applications where representations have been made, and a representor or representors wish to address the RDAP in support of their representation.
·  Category 3 applications where representations have been made, and a representor, or representors wish to address the RDAP in support of their representation.
·  Non-complying applications which are being assessed on their merits, and in respect of which representations have been made, and a representor, or representors wish to address the RDAP in support of their representation.
·  Other such development applications, which do not meet the above requirements, but in respect of which the Chief Executive Officer and/or Manager of Development Services believe determination by the RDAP is warranted.
4.3 / The Schedule of Delegations to the Panel as resolved by each of the Councils on (District Council Franklin Harbour 6 August 2010), (District Council of Kimba 11 August 2010), (District Council of Cleve 18 August 2010) are attached (Appendix B).
5. / Membership and Term of Office
5.1 / The Membership and Terms of Office for the Presiding Member and Panel Members are as specified in the Schedule 30 of the Development Regulations 2008 and may be amended from time to time by the Minister.
5.2 / A member of the Panel may effect his/her resignation from the Panel by giving written notice to the Chief Executive Officer of the Council which was responsible for the appointment of that member.
5.3 / An Elected Member's appointment to the Panel automatically terminates when he/she ceases to be an Elected Member of the Council.
5.4 / If a vacancy in the membership of the Panel occurs, the relevant Council will fill that vacancy at the earliest opportunity.
5.5 / In accordance with Section 34(18) of the Act, an act of the Panel is not invalid by reason only of a vacancy in its membership.
6. / Register of Financial Interest
6.1 / The Public Officer will maintain a register containing the disclosures of interest made by the independent members of the Panel pursuant to their obligation under Section 34(6a) of the Act.
7. / Conditions of Appointment
7.1 / All members of the Panel must abide by the Minister's Code of Conduct (Appendix C)
8. / Public Officer
8.1 / The Panel must appoint a Public Officer in accordance with Section 34(18)(b) of the Act, who shall be an employee of one of the Councils.
9. / Meetings of the Panel
9.1 / Meetings of the Panel must take place as determined by the Panel from time to time as required.
9.2 / Meetings may be held by telephone, audio-visual or other instantaneous means (telecommunications meeting) provided that at least a quorum is present.
9.3 / Meetings may be held in camera to discuss confidential information in accordance with Section 34 (12) of the Act.
9.4 / The Panel may resolve to exclude the public from attendance in accordance with Section 34 (12) of the Act.
9.5 / Notice of a Panel meeting (whether ordinary or special) and the accompanying agenda will be given by the Secretary to each Panel member and posted to each Council not less than three clear working days prior to the meeting.
9.6 / The Presiding Member or any three Panel Members may call a special meeting of the Panel and in doing so, must submit a written request that includes an agenda for the meeting to the Secretary .
9.7 / Members of the Panel cannot call for a division on a motion, nor can they submit any notices of motion to revoke or amend previous decisions of the Panel.
9.8 / In accordance with Section 41 of the Act the Panel shall determine all applications as expeditiously as possible.
9.9 / Copies of the notice of meeting and accompanying agenda will be made available to the public clear three days prior to the meeting and the minutes of the meeting will be made available five days after the meeting.
10. / Reporting
10.1 / The Secretary shall present an annual report detailing the Panel's activities to each of the Councils before 30 September in each year.
11. / Circumstances not provided for
11.1 / If a circumstance arises in respect of which the procedures and the Act and/or Regulations are silent or are incapable of being implemented, the Councils authorise the Panel to determine by way of a unanimous decision of the Panel and to carry out any action that the Panel deems must be taken .
11.2 / In the event that an issue remains unresolved the Panel shall refer the matter to the Councils for direction.

Adoption and Review

The Policy was adopted at the Council meeting held on ………………. 2010, being resolution number ……………………….. of the District Council of Kimba meeting.

The Policy was adopted at the Council meeting held on ……………… 2010, being resolution number ……………………….... of the District Council of Cleve meeting.

The Policy was adopted at the Council meeting held on ………………. 2010, being resolution number ………………… of the District Council of Franklin Harbour meeting.

APPENDIX A

SCHEDULE 28 - EASTERN EYRE PENINSUALA REGIONAL DEVELOPMENT

ASSESSMENT PANEL

1—Interpretation

In this Schedule—

relevant councils means—

(a) The District Council of Cleve; and

(b) The District Council of Franklin Harbour; and

(c) The District Council of Kimba.

2—Constitution of panel

(1) The Eastern Eyre Peninsula Regional Development Assessment Panel (the panel) is constituted in relation to the areas of the relevant councils.

(2) The panel may act as a delegate of a relevant council in the manner contemplated by section34(23)(c) of the Act.

3—Number of members

The panel consists of 7members.

4—Criteria for membership and appointment procedures

(1) The following provisions will apply in relation to the constitution and membership of the panel:

(a) the presiding member will be appointed by the Minister from a list of at least 2nominees submitted to the Minister by the relevant councils taking into account the following requirements:

(i) the presiding member must not be a member or officer of any of the relevant councils;

(ii) the presiding member must be a fit and proper person to be a member of a development assessment panel;

(iii) the presiding member must be a person who is determined by the Minister to have a reasonable knowledge of the operation and requirements of the Act, and appropriate qualifications or experience in a field that is relevant to the activities of the panel;

(b) if—

(i) less than 2nominees are submitted to the Minister; or

(ii) neither or none (as the case may be) of the nominees submitted to the Minister meets the requirements set out in paragraph(a),

the Minister may, having regard to the requirements set out in paragraph(a), appoint a presiding member considered suitable for the position by the Minister;

(c) the remaining members of the panel will be appointed taking into account the following requirements:

(i) each of the relevant councils will appoint 2members;

(ii) a member appointed by a relevant council may be either a person who is not a member or officer of any of the relevant councils or a person who is either—

(A) a member of the relevant council; or

(B) an officer of the relevant council (although any such officer may only be a member of the panel if the relevant council has taken steps to ensure that the officer is not directly involved in the assessment of applications under the Act (other than as a member of the panel), or in the preparation of any council report to the panel on the assessment of particular applications);

(iii) with respect to the members of the panel who are not members or officers of the relevant councils—

(A) each must be a fit and proper person to be a member of a regional development assessment panel; and

(B) each must be a person who is determined by the relevant council making the appointment to have a reasonable knowledge of the operation and requirements of the Act, and appropriate qualifications or experience in a field that is relevant to the activities of the panel; and

(C) the qualifications and experience of these members, when considered in conjunction with the qualifications and experience of the presiding member, must provide a reasonable balance across the fields that are relevant to the activities of the panel;

(d) the Minister and the relevant councils—

(i) must, insofar as is reasonably practicable, ensure that at least 1member of the panel is a woman and at least 1member is a man; and

(ii) should, insofar as is reasonably practicable, ensure that the panel consists of equal numbers of men and women.

(2) The other procedures to be followed with respect to the appointment of members will be determined by the Minister and the relevant councils.

(3) The Minister and the relevant councils must, within 14days after a person is appointed as a member of the panel, give notice of the appointment by publishing in a newspaper circulating in the area of the relevant councils the—

(a) full name of the person; and

(b) the term of the appointment.

5—Term of office

(1) The term of office of a member will be for a period, not exceeding 2years, determined by the relevant councils (and, at the expiration of a term of appointment, a member is eligible for reappointment).

(2) A member of the panel whose term of office expires may nevertheless continue to act as a member, for a period of up to 6months, until he or she is reappointed or a successor is appointed (as the case may be).

6—Conditions of appointment

Subject to this Schedule, the conditions of appointment of the members of the panel will be determined by the relevant councils.

7—Appointment of deputy presiding member

The members of the panel will appoint the deputy presiding member of the panel.

8—Procedures of panel

(1) A quorum at a meeting of the panel is a number ascertained by dividing the total number of members of the panel for the time being in office by2, ignoring any fraction resulting from the division, and adding1.

(2) Each member of the panel present at a meeting of the panel is entitled to 1vote on any matter arising for decision and, if the votes are equal, the member presiding at the meeting is entitled to a second or casting vote.

(3) Subject to this Schedule, the procedures to be observed in relation to the conduct of the business of the panel will be determined by the panel.

9—Administration of panel

Any—

(a) staffing and other support issues associated with the creation or operations of the panel; and

(b) special accounting or financial issues that may arise in relation to the panel,

will be provided for by the relevant councils.

10—Other matters

The relevant councils must, at the request of the Minister, provide information to the Minister—

(a) about the constitution of the panel under the Act and this Schedule; or

(b) about the powers and functions delegated to the panel under section34(23) of the Act.

APPENDIX B

INSTRUMENT OF DELEGATION UNDER THE DEVELOPMENT ACT 1993 AND DEVELOPMENT REGULATIONS 2008

In exercise of the powers contained in section 20 of the Development Act 1993, the following powers and functions under the Development Act 1993 and the Development Regulations 2008 are hereby delegated this 18th day of August 2010 from the District Council of Cleve to the Eastern Eyre Peninsula Regional Development Assessment Panel ("RDAP").

NOTES

1.  Conditions or Limitations:

Conditions or limitations may apply to the delegations contained in the Instrument. Refer to the Schedule of Conditions at the back of this document.

2.  Refer to the relevant Council resolution to identify when these delegations were made, reviewed and/or amended.

POWERS AND FUNCTIONS DELEGATED IN THIS INSTRUMENT

6. Assessment of Development Proposal

6.1 The power, as the relevant authority and pursuant to Section 33 of the Act, to assess a development against and grant or refuse consent in respect of each of the following matters (insofar as they are relevant to that development):
6.1.1 the provisions of the appropriate Development Plan;
6.1.3 in relation to a proposed division of land (otherwise than under the Community Titles Act 1996 or the Strata Titles Act 1988) on the satisfaction of the conditions specified in Section 33(1)(c) of the Act;
6.1.4 in relation to a division of land under the Community Titles Act 1996 or the Strata Titles Act 1988 on the satisfaction of the conditions specified in Section 33(1)(d) of the Act;
6.1.5 the requirement that any encroachment of a building over, under, across or on a public place has been dealt with in a satisfactory manner; and
6.1.6 such other matters as may be prescribed.
6.2 The power pursuant to Section 33(3) of the Act, when granting a development plan consent, to reserve a decision on a specified matter until further assessment of the development under the Act.

8. Special Provisions Relating to Development Plan Assessment

8.2 The power pursuant to Section 35(2) of the Act to assess whether or not a development is seriously at variance with the relevant Development Plan.

12. Public Notice and Consultation

12.0.3 if a representation is received under paragraph (b) of Section 38(3a) of the Act within the prescribed number of days, the power pursuant to Section 38(3a)(c) of the Act to, in the Delegate’s absolute discretion, allow the person who made the representation to appear personally or by representative before it to be heard in support of the representation.
12.4 The power pursuant to Section 38(10)(a) of the Act, in respect of a Category 2 development, to determine whether to allow a person who made a representation to appear personally or by representative before the Delegate.

13. Provision of Additional Information

13.1 The power pursuant to Section 39(2) of the Act to request an applicant to:
13.1.1 provide such additional documents or information to enable assessment of the application;
13.1.2 remedy any defect or deficiency in any application or accompanying document or information required by or under the Act;
13.2 Pursuant to Section 39(3)(b) of the Act, where a request is made under Section 39(2) of the Act and the request is not complied with within the time specified by the Regulations, the power pursuant to Section 39(3)(b) of the Act to -
13.2.1 subject to Section 39(3)(b)(ii) of the Act, refuse the application; and
13.2.2 refuse the application in prescribed circumstances (including, if the Regulations so provide, in a case involving development that is complying development).

14. Variation of an Application

14.1 The power pursuant to Section 39(4)(a) and Section 39(5) of the Act to permit an applicant to vary an application or vary any plans, drawings, specifications or other documents that accompanied an application.
14.4 The power pursuant to Section 39(4) of the Act, if there is an inconsistency between any documents lodged with the Council for the purposes of Division 1 of Part 4 of the Act, or between any such document and a development authorisation that has already been given that is relevant in the circumstances, to return or forward any document to the applicant or to any other person and to determine not to finalise the matter until any specified matter is resolved, rectified or addressed.
14.5B The power, pursuant to section 39(7)(d) of the Act, to approve a variation to an existing development authorisation to extend the period for which that relevant authorisation remains operative.

18. Attaching of Conditions

18.1 The power pursuant to Sections 42(1) and (3) of the Act to attach such conditions as the Delegate thinks fit or as may be prescribed by regulation to any decision under Division 1 of Part 4 of the Act.

20. Investigation of Development Assessment Performance