Since its introduction in April 2016, the South Australian Planning, Development and Infrastructure Act 2016 is gradually having regulations developed and approved. Full implementation of the Act results in staggered commencements of various provisions, and also results in repealing of past planning and development provisions over time.
The Act and associated regulation are intended to lay a number of key reforms in the state’s planning system, and forms the State Planning Commission (responsible for preparing, consulting on and providing advice on key instruments and elements of the new system), the State Commission Assessment Panel (a panel responsible for section 94 assessment functions – restricted development, development outside a Council area and by the Crown, etc), and the Building Committee (to provide advice in relation to reform of building related aspects under the new Act). Following the reforms there will be a staged introduction of new planning and development instruments, as well as clearer and less complex assessment pathways, before establishment of a full portfolio of “ePlanning” solutions.
A key component of the Act is the introduction of an Accredited Professionals Scheme (sections 88-92 and 97), which intends to “…lift the performance of, and improve confidence in, professionals undertaking functions across the planning system” (p32 of the Implementation Strategy as published on the SA Planning Portal).
In early 2018 the Department of Planning, Trade and Infrastructure (DPTI) issued a discussion paper on the Scheme. After consultation with the Engineers Australia SA Division Committee and a number of College Branch and Technical Society Branch chairs, Engineers Australia delivered a response to that discussion paper which argued for inclusion of qualified engineers (depending on areas of practice and demonstrated experience) at all levels of Assessment and Building Certifier “Accredited Professionals”.
The response also argued that liability protections afforded to certain functions at sections 158 and 159 of the Act should be extended to all participants in the supply chain; various engineering functions need to be regulated for design, during construction (and particularly for fire safety aspects), and at certification stage of build; and self-certification concepts needed to be removed entirely.
Draft regulations for the Accredited Professionals Scheme were released for response in August 2018. As the draft regulations took little account of EA’s discussion paper contentions, a further response to the draft regulations was submitted that again argued for inclusion of qualified engineers (depending on areas of practice and demonstrated experience) at all levels of Assessment and Building Certifier.
Subsequent to this submission, Engineers Australia (through the SA Division Committee and representatives of the Division Committee subcommittee – Footings Group) has identified concerning shortfall in the draft regulations with regard to experience and qualification requirements of Building Certifiers; potential risks that the draft regulations may allow for relatively unqualified certifiers to “sign off” on engineering calculations, drawings and completions when it’s unlikely appropriate qualification, skill and experience is held by those certifiers; and the inappropriateness of the continued liability protections afforded to certifiers, but not other professionals in the process.
This matter will continue to receive advocacy and lobbying support by Engineers Australia.