https://hansardsearch.parliament.sa.gov.au/daily/uh/2025-06-04/62Bills
Planning, Development and Infrastructure (Use of Vacant Land) Amendment Bill
Second Reading
Adjourned debate on second reading.
(Continued from 19 October 2022.)
The Hon. J.M.A. LENSINK (20:09): I rise to place on the record some remarks in relation to this bill. It will come as little surprise, I think, that the Liberal Party will not be supporting this bill. I have not checked the record, but I am assuming that when it has been brought to this chamber in the past by the Hon. Mark Parnell, the Liberal Party did not support it then for similar reasons, which I will outline now.
This bill allows the designated entity, as prescribed in this bill, to take temporary control of privately owned, vacant, underutilised land for public purposes, notably for emergency and portable housing. Under the bill, landowners who are deemed unable or unwilling to develop their land can be subject to statutory leasing by the state or the council, depending on where, without their consent or compensation. The bill was inspired, I am advised, by a similar Victorian program—and Victorian programs or ideas should always be considered with caution. The socialist state of Victoria has taken a number of measures which have seen people, who would otherwise be able to build and supply housing, flee the market because of suggestions such as these.
While we appreciate that there is a significant need for housing, we certainly do not think that this is a good approach. Ninety-seven per cent—I think is the figure that industry uses—of housing is built by the private sector, so I think we need to bear that in mind and not make them some sort of bogey in this debate. If we do not make things easier for the private sector, they are not going to be able to build.
This bill effectively allows for occupation of private land without the consent of the landowner or payment of rent for it either, which is a fundamental breach of property rights that have operated in this state since settlement. It sets a precedent that would undermine confidence in secure land ownership, and that is very significant indeed. I think there would be a number of people who might otherwise operate in South Australia who would see that as a sovereign risk. We have concerns about key terms in this bill, such as 'public purpose' and 'underutilised land', and whether there is any appeal mechanism that would allow landowners to prevail against the designated entity's decisions. There is also a concern about politicisation.
The bill proposes an insertion into the Planning, Development and Infrastructure Act of new section 243A, subsection (9) of which contains the definition of 'designated entity':