Development Act 1993 (SA)

South Australia

Development Act 1993

An Act to provide for planning and regulate development in the State; to regulate the use and management of land and buildings, and the design and construction of buildings; to make provision for the maintenance and conservation of land and buildings where appropriate; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Development Act 1993.

3Objects

The object of this Act is to provide for proper, orderly and efficient planning and development in the State and, for that purpose—
(a)
to establish objectives and principles of planning and development; and
(b)
to establish a system of strategic planning governing development; and
(c)
to provide for the creation of Development Plans—
(i)
to enhance the proper conservation, use, development and management of land and buildings; and
(ii)
to facilitate sustainable development and the protection of the environment; and
(iia)
to encourage the management of the natural and constructed environment in an ecologically sustainable manner; and
(iii)
to advance the social and economic interests and goals of the community; and
(d)
to establish and enforce cost-effective technical requirements, compatible with the public interest, to which building development must conform; and
(e)
to provide for appropriate public participation in the planning process and the assessment of development proposals; and
(ea)
to promote or support initiatives to improve housing choice and access to affordable housing within the community; and
(f)
to enhance the amenity of buildings and provide for the safety and health of people who use buildings; and
(g)
to facilitate—
(i)
the adoption and efficient application of national uniform building standards; and
(ii)
national uniform accreditation of buildings products, construction methods, building designs, building components and building systems.

4Interpretation

(1)
In this Act, unless the contrary intention appears—
Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005;
Adelaide Park Lands has the same meaning as in the Adelaide Park Lands Act 2005;
adjacent land in relation to other land, means land—
(a)
that abuts on the other land; or
(b)
that is no more than 60 metres from the other land and is directly separated from the other land only by—
(i)
a road, street, footpath, railway or thoroughfare; or
(ii)
a watercourse; or
(iii)
a reserve or other similar open space;
adjoining owner means the owner of land that abuts (either horizontally or vertically) on the land of a building owner;
advertisement means an advertisement or sign that is visible from a street, road or public place or by passengers carried on any form of public transport;
advertiser in relation to an advertisement, means the person whose goods or services are advertised in the advertisement;
advertising hoarding means a structure for the display of an advertisement or advertisements;
the Advisory Committee means the Development Policy Advisory Committee established under this Act;
affected part of a building in relation to which building work is to be carried out means any of the following:
(a)
the principal pedestrian entrance of the building;
(b)
any part of the building that is necessary to provide a continuous accessible path of travel from the entrance to the location of the building work;
allotment has the same meaning as in Part 19AB of the Real Property Act 1886 and in addition includes a community lot, development lot and common property within the meaning of the Community Titles Act 1996 and a unit and common property within the meaning of the Strata Titles Act 1988;
amendment includes an addition, excision or substitution;
amenity of a locality or building means any quality, condition or factor that makes, or contributes to making, the locality or building harmonious, pleasant or enjoyable;
authorised officer means a person appointed to exercise the powers of an authorised officer under this Act;
building means a building or structure or a portion of a building or structure (including any fixtures or fittings which are subject to the provisions of the Building Code of Australia), whether temporary or permanent, moveable or immovable, and includes a boat or pontoon permanently moored or fixed to land, or a caravan permanently fixed to land;
Building Code means an edition of the Building Code of Australia published by the Australian Building Codes Board, as in force from time to time and as modified (from time to time) by the variations, additions or exclusions for South Australia contained in the code, but subject to the operation of subsection (7);
building owner means the owner of land on or in relation to which building work is or is to be performed;
the Building Rules means any codes or regulations under this Act (or adopted under this Act) that regulate the performance, standard or form of building work and includes any standard or document adopted by or under those codes or regulations, or referred to in those codes or regulations;
Building Rules Assessment Commission means a committee of the Development Assessment Commission established in accordance with the regulations;
building rules consent means a consent granted under section 33(1)(b);
building work means work or activity in the nature of—
(a)
the construction, demolition or removal of a building (including any incidental excavation or filling of land); or
(c)
any other prescribed work or activity,
but does not include any work or activity that is excluded by regulation from the ambit of this definition;
business day means any day except—
(a)
Saturday, Sunday or a public holiday; or
(b)
any other day which falls between 25 December in any year and 1 January in the following year;
character preservation law means an Act that specifies that it is a character preservation law for the purposes of this Act;
construct in relation to a building, includes—
(a)
to build, rebuild, erect or re-erect the building;
(b)
to repair the building;
(c)
to make alterations to the building;
(d)
to enlarge or extend the building;
(e)
to underpin the building;
(f)
to place or relocate the building on land;
council means a municipal or district council;
the Court means the Environment, Resources and Development Court;
Crown means the Crown in right of the State or in any of its other capacities;
development means—
(a)
building work; or
(b)
a change in the use of land; or
(c)
the division of an allotment; or
(d)
the construction or alteration (except by the Crown, a council or other public authority (but so as not to derogate from the operation of paragraph (e))) of a road, street or thoroughfare on land (including excavation or other preliminary or associated work); or
(da)
the creation of fortifications; or
(e)
in relation to a State heritage place—the demolition, removal, conversion, alteration or painting of, or addition to, the place, or any other work that could materially affect the heritage value of the place; or
(f)
in relation to a local heritage place—the demolition, removal, conversion, alteration or external painting of, or addition to, the place, or any other work (not including internal painting but including, in the case of a tree, any tree-damaging activity) that could materially affect the heritage value of the place; or
(faa)
the external painting of a building within an area prescribed by the regulations for the purposes of this paragraph; or
(fa)
in relation to a regulated tree—any tree‑damaging activity; or
(g)
prescribed mining operations on land; or
(ga)
prescribed earthworks (to the extent that any such work or activity is not within the ambit of a preceding paragraph); or
(h)
an act or activity in relation to land (other than an act or activity that constitutes the continuation of an existing use of land) declared by regulation to constitute development,
(including development on or under water) but does not include an act or activity that is excluded by regulation from the ambit of this definition;
Development Assessment Commission means the Development Assessment Commission established under this Act;
development authorisation means any assessment, decision, permission, consent, approval, authorisation or certificate required by or under this Act or any other Act prescribed by the regulations for the purposes of this definition;
Development Plan means a Development Plan under this Act;
development plan consent means a consent granted under section 33(1)(a);
division of an allotment means—
(a)
the division, subdivision or resubdivision of the allotment (including by community plan under the Community Titles Act 1996 and by strata plan under the Strata Titles Act 1988); or
(b)
the alteration of the boundaries of an allotment; or
(c)
the conferral or exercise of a present right to occupy part only of an allotment under a lease or licence, or an agreement for a lease or licence, the term of which exceeds six years or such longer term as may be prescribed, or in respect of which a right or option of renewal or extension exists so that the lease, licence or agreement may operate by virtue of renewal or extension for a total period exceeding six years or such longer period as may be prescribed; or
(d)
the grant or acceptance of a lease or licence, or the making of an agreement for a lease or licence, of a class prescribed by regulation,
and to divide has a corresponding meaning;
document means a paper or record of any kind, including a disk, tape or other article from which information is capable of being reproduced (with or without the aid of another article or device);
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
DR—see subsection (6);
EIS—see subsection (4);
Environment Protection Authority means the Environment Protection Authority established under the Environment Protection Act 1993;
fire authority means the South Australian Metropolitan Fire Service or the South Australian Country Fire Service;
fortification has the same meaning as in Part 16 of the Summary Offences Act 1953;
Fund means the Planning and Development Fund continued in existence under this Act;
land means, according to context—
(a)
land as a physical entity, including land covered with water and including any building on, or fixture to, the land; or
(b)
any legal estate or interest in, or right in respect of, land;
LGA means the Local Government Association of South Australia;
local heritage place means a place that is designated as a place of local heritage value by a Development Plan;
locality includes a road, street or thoroughfare;
marine park has the same meaning as in the Marine Parks Act 2007;
Metropolitan Adelaide means Metropolitan Adelaide as defined by a plan deposited in the General Registry Office by the Minister for the purposes of this definition and identified by the Minister by notice in the Gazette;
the Mining Acts means the Mining Act 1971, the Opal Mining Act 1995, the Petroleum Act 1940, the Petroleum (Submerged Lands) Act 1982 and the Offshore Minerals Act 2000;
mining production tenement means—
(a)
a mining lease or miscellaneous purposes licence under the Mining Act 1971; or
(ab)
a precious stones tenement under the Opal Mining Act 1995; or
(b)
a petroleum licence or pipeline licence under the Petroleum Act 1940; or
(c)
a production licence or pipeline licence under the Petroleum (Submerged Lands) Act 1982; or
(d)
a mining licence (or a works licence for activities that are directly connected with activities that are carried out, or are to be carried out under a mining licence) under the Offshore Minerals Act 2000;
Minister for the Adelaide Dolphin Sanctuary means the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed;
Minister for Marine Parks means the Minister to whom the administration of the Marine Parks Act 2007 is committed;
Minister for the River Murray means the Minister to whom the administration of the River Murray Act 2003 is committed;
Murray‑Darling Basin has the same meaning as in the Water Act 2007 of the Commonwealth;
owner of land means—
(a)
if the land is unalienated from the Crown—the Crown; or
(b)
if the land is alienated from the Crown by grant in fee simple—the owner of the estate in fee simple; or
(c)
if the land is held from the Crown by lease or licence—the lessee or licensee; or
(d)
if the land is held from the Crown under an agreement to purchase—the person who has the right to purchase;
party wall means a wall built to separate two or more buildings or a wall forming part of a building and built on the dividing line between adjoining premises for their common use and includes a common wall for the purposes of the Building Code of Australia;
PER—see subsection (5);
the Planning Strategy means the Planning Strategy formulated under this Act;
prescribed mining operations means operations carried on in the course of—
(a)
the recovery of naturally occurring substances (except water) from the earth (whether in solid, liquid or gaseous form);
(b)
the recovery of minerals by the evaporation of water,
but does not include operations carried on in pursuance of any of the Mining Acts;
private certifier means a person who may act as a private certifier pursuant to Part 12;
public notice means notice that complies with regulations made for the purposes of this definition;
public place includes a street, road, square, reserve, lane, footway, court, alley and thoroughfare which the public are allowed to use (whether formed on private property or not), any public watercourse, and any foreshore;
the Registrar-General includes the Registrar-General of Deeds;
regulated tree means—
(a)
a tree, or a tree within a class of trees, declared to be regulated by the regulations (whether or not the tree also constitutes a significant tree under the regulations); or
(b)
a tree declared to be a significant tree, or a tree within a stand of trees declared to be significant trees, by a Development Plan (whether or not the tree is also declared to be a regulated tree, or also falls within a class of trees declared to be regulated trees, by the regulations);
relative in relation to a person, means the spouse, domestic partner, parent or remoter linear ancestor, son, daughter or remoter issue or brother or sister of the person;
relevant authority means a body determined to be a relevant authority under section 34, subject to the operation of Divisions 2, 3 and 3A of Part 4, and Part 12;
relevant interest has the same meaning as in the Corporations Law;
repealed Act means the Building Act 1971, the City of Adelaide Development Control Act 1976 or the Planning Act 1982;
significant tree means—
(a)
a tree declared to be a significant tree, or a tree within a stand of trees declared to be significant trees, by a Development Plan (whether or not the tree is also declared to be a regulated tree, or also falls within a class of trees declared to be regulated trees, by the regulations); or
(b)
a tree declared to be a regulated tree by the regulations, or a tree within a class of trees declared to be regulated trees by the regulations that, by virtue of the application of prescribed criteria, is to be taken to be a significant tree for the purposes of this Act;
South Australian Heritage Council means the South Australian Heritage Council constituted under the Heritage Places Act 1993;
spouse—a person is the spouse of another if they are legally married;
the State includes any part of the sea—
(a)
that is within the limits of the State; or
(b)
that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth;
State heritage place means—
(a)
a place entered, either on a provisional or permanent basis, in the State Heritage Register; or
(b)
a place within an area established as a State Heritage Area by a Development Plan;
structure includes a fence or wall;
tree-damaging activity means—
(a)
the killing or destruction of a tree; or
(b)
the removal of a tree; or
(c)
the severing of branches, limbs, stems or trunk of a tree; or
(d)
the ringbarking, topping or lopping of a tree; or
(e)
any other substantial damage to a tree,
and includes any other act or activity that causes any of the foregoing to occur but does not include maintenance pruning that is not likely to affect adversely the general health and appearance of a tree or that is excluded by regulation from the ambit of this definition;
to undertake development means to commence or proceed with development or to cause, suffer or permit development to be commenced or to proceed.
(1a)
A regulation made for the purposes of paragraph (faa) of the definition of development under subsection (1) will not extend to a building used wholly or predominantly for residential purposes.
(2)
Where at the foot of a section or subsection the words "Additional Penalty" appear, those words signify that a person who undertakes development in contravention of, and thus commits an offence against, that section or subsection is liable, in addition to any other penalty prescribed for the offence, to a penalty of an amount not exceeding the cost of the development insofar as it has been undertaken in contravention of that section or subsection.
(3)
Where at the foot of a section or subsection the words "Default Penalty" appear, those words signify that, where a person is convicted of an offence against the section or subsection and the offence continues after the date of the conviction, the person is guilty of a further offence against the section or subsection and liable, in addition to any other penalty prescribed for the offence, to a penalty not exceeding the amount of the default penalty for every day the offence continues after the date of the conviction.
(4)
A reference in this Act to an EIS is a reference to an environmental impact statement, being a document that includes a detailed description and analysis of a wide range of issues relevant to a development or project and incorporates significant information to assist in an assessment of environmental, social or economic effects associated with the development or project and the means by which those effects can be managed.
(5)
A reference in this Act to a PER is a reference to a public environmental report, being a report on a development or project that includes—
(a)
a detailed description and analysis of a limited number of issues and a description and analysis of other issues relevant to the development or project; or
(b)
a description and analysis of a wide range of issues relevant to the development or project where a considerable amount of relevant information is already generally available,
and incorporates information to assist in an assessment of environmental, social or economic effects associated with the development or project and the means by which those effects can be managed.
(6)
A reference in this Act to a DR is a reference to a development report, being a report that includes a description and analysis of general issues relevant to a development and the means by which those issues can be addressed.
(7)
Any alteration to the Building Code will not take effect for the purposes of this Act—
(a)
before a day on which notice of the alteration is published by the Minister in the Gazette; and
(b)
if the Minister so specifies in a notice under paragraph (a), until a day specified by the Minister.
(8)
For the purposes of this Act, a person is an associate of another person if—
(a)
the other person is a relative of the person or of the person's spouse or domestic partner; or
(b)
the other person—
(i)
is a body corporate; and
(ii)
the person or a relative of the person or of the person's spouse or domestic partner has, or two or more such persons together have, a relevant interest or relevant interests in shares of the body corporate the nominal value of which is not less than 10 per cent of the nominal value of the issued share capital of the body corporate; or
(c)
the other person is a trustee of a trust of which the person, a relative of the person or of the person's spouse or domestic partner or a body corporate referred to in paragraph (b) is a beneficiary; or

(d)
the person is an associate of the other person within the meaning of the regulations.
(9)
For the purposes of this Act, any plant that is commonly known as a palm will be taken to be a tree.
(10)
For the purposes of this Act, a stand of trees is a group of trees that form a relatively coherent group by virtue of being of the same or a similar species, size, age and structure.
Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.

5Interpretation of Development Plans

(1)
Subject to subsection (2), if a term defined in this Part is used in a Development Plan then the term has, unless the contrary intention appears, the defined meaning.
(2)
The Governor may, by regulation, define a term used in a Development Plan, and such a definition, if inconsistent with a definition in this Part, operates to the exclusion of the latter.
(3)
The Governor cannot make a regulation under subsection (2) unless the Presiding Member of the Advisory Committee has certified that the requirements of subsection (5) have been complied with in relation to that regulation.
(4)
An allegation in legal proceedings that the certificate required by subsection (3) was issued on a particular day is, in the absence of proof to the contrary, sufficient proof of that fact.
(5)
The following provisions apply in relation to the making of regulations under subsection (2):
(a)
the Advisory Committee must cause to be published in the Gazette and in a newspaper circulating generally throughout the State an advertisement—
(i)
containing a general explanation of the regulations that are (subject to this section) to be made; and
(ii)
inviting interested persons to make written submissions to the Advisory Committee in relation to the proposed regulations within a specified period (being a period of not less than 28 days from the date of publication of the advertisement); and
(iii)
appointing a place and time for the public hearing referred to in paragraph (b);
(b)
at the time and place appointed for that purpose in the advertisement, the Advisory Committee, or a committee appointed by the Advisory Committee, must hold a public hearing at which any interested person may speak in favour of, or in opposition to, the proposed regulations;
(c)
a copy of the proposed regulations must be sent to the Local Government Association of South Australia at an appropriate time determined by the Advisory Committee and the Advisory Committee must give the Local Government Association of South Australia a reasonable opportunity to make submissions in relation to the matter;
(d)
the Advisory Committee must then make recommendations to the Minister in relation to the proposed regulations (including recommendations for the modification of the proposed regulations in view of the public comment and the submissions received from the Local Government Association of South Australia) and forward with those recommendations copies of any written submissions made to the Advisory Committee under this subsection;
(e)
the Governor may then proceed to make such regulations as are appropriate.

6Concept of change in the use of land

(1)
For the purpose of determining whether a change in the use of land has occurred, the commencement or revival of a particular use of the land will, subject to subsection (2), be regarded as a change in the use of the land if—
(a)
the use supersedes a previous use of the land; or
(b)
the commencement of the use or the revival of the use follows upon a period of non-use; or
(c)
the use is additional to a previously established use of the land which continues despite the commencement of the new use.
(2)
The revival of a use of land after a period of discontinuance will be regarded as the continuation of an existing use unless—
(a)
the period intervening between the discontinuance and revival of the use exceeds two years; or
(b)
during the whole or a part of the period intervening between its discontinuance and revival, the use was superseded by some other use; or
(c)
the Development Assessment Commission or a council has made a declaration under subsection (3) and the declaration remains unrevoked.
(3)
Where—
(a)
a particular use of land has been discontinued for a period of six months or more (being a period that extends up to the date on which the Development Assessment Commission or a council acts under this subsection); and
(b)
the revival of that use would in the opinion of the Development Assessment Commission or council be inconsistent with the relevant Development Plan and have an adverse effect on the locality in which the land is situated,
the Development Assessment Commission or council may, by notice in writing served on the owner and the occupier of the land, declare that a revival of the use will be treated, for the purposes of this Act, as a change in the use of the land.
(4)
The owner or occupier may, within one month after service of a notice under subsection (3), or such extended period as may be allowed by the Court, appeal to the Court against the declaration.
(5)
On an appeal under subsection (4), the Court may confirm or revoke the declaration.
(6)
For the purposes of this section, a particular use of land will be disregarded if the extent of the use is trifling or insignificant.

7Application of Act

(1)
Subject to this section, this Act applies throughout the State.
(2)
This Act applies in relation to land whether or not it has been brought under the provisions of the Real Property Act 1886.
(3)
The regulations may provide—
(a)
that a specified provision of this Act does not apply, or applies with prescribed variations, to a part of the State specified by the regulations;
(b)
that a specified provision of this Act does not apply, or applies with prescribed variations, in respect of a particular class of development, or in any circumstance or situation (or circumstance or situation of a prescribed class), specified by the regulations,
and, subject to any condition to which the regulation is expressed to be subject, the operation of this Act is modified accordingly.
(4)
A regulation under subsection (3) must not provide for the modification of any provision of this Act which specifically provides for, restricts or prevents an appeal under this Act.

Part 2AdministrationDivision 1Constitution of State bodiesSubdivision 1The Advisory Committee8The Development Policy Advisory Committee

(1)
The Development Policy Advisory Committee (the Advisory Committee) is established.
(2)
The Advisory Committee consists of the following members appointed by the Governor:
(a)
a person who has wide experience in urban and regional planning, or a related discipline;
(b)
two persons with wide experience of local government;
(c)
a person with wide experience in building design or construction;
(d)
a person with wide experience in environmental conservation;
(e)
a person with wide experience in commerce and industry;
(f)
a person with wide experience in agricultural development;
(g)
a person with wide experience in housing or urban development;
(h)
a person with wide experience in planning or providing community services;
(i)
a person with wide experience of the utilities and services that form the infrastructure of urban development.
(3)
In making appointments to the Advisory Committee the Governor must have regard to the need for the Committee to be sensitive to cultural diversity in the population of the State.
(4)
At least one member of the Advisory Committee must be a woman and at least one member must be a man.
(5)
The Governor will appoint a member of the Advisory Committee to preside at its meetings.
(6)
In the absence of the person appointed under subsection (5) from a meeting of the Advisory Committee, a member chosen by those present will preside.
(7)
Subject to subsection (8), a member of the Advisory Committee holds office at the pleasure of the Governor.
(8)
A member of the Advisory Committee ceases to hold office at the expiration of two years, or such lesser period as the Governor may determine, from the date of appointment (or last reappointment) unless the Governor reappoints the member to the Advisory Committee.
(9)
The remuneration, allowances and conditions of appointment of a member of the Advisory Committee will be as determined by the Governor.
(10)
On the office of a member of the Advisory Committee becoming vacant, a person will be appointed in accordance with this Act to the vacant office.
(11)
An appointment can only be made under this section after the Minister has, by notice in a newspaper circulating generally throughout the State, invited interested persons with appropriate qualifications to submit (within a period specified in the notice) expressions of interest in appointment to the relevant office.

9Functions of the Advisory Committee

(1)
The Advisory Committee has the following functions:
(a)
to advise the Minister on any matter relating to planning or development that should, in the opinion of the Advisory Committee, be brought to the Minister's attention;
(b)
to advise the Minister on any matter relating to the design or construction of buildings that should, in the opinion of the Advisory Committee, be brought to the Minister's attention;
(c)
to advise the Minister (on its own initiative or at the request of the Minister) on—
(i)
the administration of this Act;
(ii)
the policies that govern, or should govern, the administration of this Act;
(iii)
proposals to make regulations under this Act, or to make amendments to this Act;
(iv)
proposals to amend Development Plans;
(d)
to perform other functions assigned to the Advisory Committee under this Act or by the Minister.
(2)
The Advisory Committee should, in the performance of its functions, take into account the provisions of the Planning Strategy.

Subdivision 2The Development Assessment Commission10Development Assessment Commission

(1)
The Development Assessment Commission is established.
(2)
The Development Assessment Commission is a body corporate.
(3)
The Development Assessment Commission consists of the following members appointed by the Governor:
(a)
a Presiding Member;
(b)
a Deputy Presiding Member;
(c)
a person with practical knowledge of, and experience in, local government chosen from a panel of three such persons submitted to the Minister by the Local Government Association of South Australia;
(d)
a person with practical knowledge of, and experience in, urban or regional development, commerce or industry;
(e)
a person with practical knowledge of, and experience in, environmental conservation or management, or the management of natural resources;
(f)
a person with practical knowledge of, and experience in, the provision of facilities for the benefit of the community;
(g)
a person with practical knowledge of, and experience in, urban design, building safety or landscape design.
(4)
The Presiding Member and Deputy Presiding Member must have qualifications and experience in urban and regional planning, building, environmental management, or a related discipline that are, in the opinion of the Governor, appropriate to the Presiding Member's functions and duties under this Act.
(5)
At least one member of the Development Assessment Commission must be a woman and at least one member must be a man.
(6)
The term of office for which a member of the Development Assessment Commission is appointed will be—
(a)
in the case of the Presiding Member—a term not exceeding five years specified in the instrument of appointment; and
(b)
in the case of other members—a term, not exceeding two years, specified in the instrument of appointment.
(7)
A member of the Development Assessment Commission is, on the expiration of a term of appointment, eligible for reappointment.
(8)
The remuneration, allowances and conditions of appointment of a member of the Development Assessment Commission will be as determined by the Governor.
(9)
The Governor may remove a member of the Development Assessment Commission from office for—
(a)
breach of, or failure to comply with, the conditions of appointment;
(b)
misconduct;
(c)
neglect of duty;
(d)
incapacity to carry out satisfactorily the duties of his or her office;
(e)
failure to carry out satisfactorily the duties of his or her office;
(f)
failure to comply with the requirements of section 11A or a breach of, or failure to comply with, a code of conduct under section 21A.
(10)
The office of a member of the Development Assessment Commission becomes vacant if the member—
(a)
dies; or
(b)
completes a term of office and is not reappointed; or
(c)
resigns by written notice addressed to the Minister; or
(d)
is removed from office by the Governor under subsection (9).
(11)
On the office of a member of the Development Assessment Commission becoming vacant, a person will be appointed in accordance with this Act to the vacant office.
(12)
In the absence of the Presiding Member from a meeting of the Development Assessment Commission the Deputy Presiding Member will preside, and in the absence of both the Presiding Member and the Deputy Presiding Member from a meeting of the Development Assessment Commission, a member chosen by those present will preside.
(13)
An appointment (other than an appointment under subsection (3)(c)) can only be made under this section after the Minister has, by notice in a newspaper circulating generally throughout the State, invited interested persons with appropriate qualifications to submit (within a period specified in the notice) expressions of interest in appointment to the relevant office.

10ASpecial provision relating to constitution of Development Assessment Commission

(1)
When the Minister makes a declaration under section 46, the Minister may (but need not) appoint 1 or 2 persons to the Development Assessment Commission to act as additional members for the purposes of dealing with any matter relating to the declaration that involves the Development Assessment Commission under Part 4 Division 2 Subdivision 1.
(2)
A person appointed under subsection (1) will be selected from a list of persons established by the Minister for the purposes of this section.
(3)
A person will hold office under this section on terms and conditions determined by the Minister and, on the expiration of a term of office, is eligible for reappointment.
(4)
The Minister should, in establishing a list under this section, seek to obtain a wide range of expertise relevant to the consideration of major developments or projects within the State.
(5)
The Minister must consult—
1. (a)
  with the Minister for the River Murray with a view to including on the list 1 or more persons who, in the opinion of the Minister for the River Murray, have extensive knowledge of, or experience in dealing with, issues that are relevant to the protection or management of the River Murray; and
2. (b)
  with the Minister for the Adelaide Dolphin Sanctuary with a view to including on the list 1 or more persons who, in the opinion of the Minister for the Adelaide Dolphin Sanctuary, have extensive knowledge of, or experience in dealing with, issues that are relevant to the protection or management of the Adelaide Dolphin Sanctuary; and
3. (c)
  with the Minister for Marine Parks with a view to including on the list 1 or more persons who, in the opinion of the Minister for Marine Parks, have extensive knowledge of, or experience in dealing with, issues that are relevant to the protection or management of marine parks.
(6)
Subject to subsection (6a), if in the opinion of the Minister it appears that a development or project may have a significant impact on any aspect of—
1. (a)
  the River Murray within the meaning of the River Murray Act 2003—the Minister must make an appointment under subsection (1) and the person so appointed, or at least 1 person so appointed, must be a person approved by the Minister for the River Murray;
2. (b)
  the Adelaide Dolphin Sanctuary—the Minister must make an appointment under subsection (1) and the person so appointed, or at least 1 person so appointed, must be a person approved by the Minister for the Adelaide Dolphin Sanctuary;
3. (c)
  a marine park within the meaning of the Marine Parks Act 2007—the Minister must make an appointment under subsection (1) and the person so appointed, or at least 1 person so appointed, must be a person approved by the Minister for Marine Parks.
(6a)
If it appears that a development or project may have a significant impact on any aspect of more than 1 of the areas referred to in subsection (6), that subsection does not apply and the Minister must—
1. (a)
  make an appointment under subsection (1) and the person so appointed, or at least 1 person so appointed, must be a person who, in the Minister's opinion, has an appropriate background in relation to the areas concerned; or
2. (b)
  after consultation with the Ministers for the areas concerned, appoint a person who, in the Minister's opinion, has an appropriate background in relation to the areas concerned.
(7)
The Minister must ensure that a list established by the Minister under this section is published on a website maintained by the Minister or the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act.

11Functions of the Development Assessment Commission

(1)
The Development Assessment Commission has the following functions:
1. (a)
  to participate in the assessment of development proposals where appropriate;
2. (d)
  to perform other functions assigned to the Development Assessment Commission under this Act.
(1a)
The Development Assessment Commission may, as it thinks fit, provide advice and reports to the Minister on trends, issues and other matters that have become apparent or arisen through its assessment of applications under this Act.
(2)
Except where the Development Assessment Commission makes or is required to make a recommendation or report, is required to give effect to an order of a court or tribunal constituted by law, or has a discretion in relation to the granting of a development authorisation, the Development Assessment Commission is, in the exercise and discharge of its powers, functions or duties, subject to the direction and control of the Minister.

11ADisclosure of financial interests

A member of the Development Assessment Commission (including a person appointed to a list under this Act to act as an additional member of the Development Assessment Commission in particular circumstances) must disclose his or her financial interests in accordance with Schedule 2.

Subdivision 3Supplementary provisions12Interpretation

In this Subdivision—
statutory body means the Advisory Committee or the Development Assessment Commission.

13Procedures

(1)
A quorum at a meeting of a statutory body consists of a number of members of the statutory body equal to—
(a)
if the total number of members of the statutory body is even—half that number plus one; or
(b)
if the total number of members of the statutory body is odd—the first integer that is greater than half that number,
and no business may be transacted at a meeting of the statutory body unless a quorum is present.
(2)
A decision carried by a majority of the votes cast by members present at a meeting is a decision of the statutory body.
(3)
Each member present at a meeting of a statutory body is entitled to one vote 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.
(4)
A conference between members constituting a quorum by telephone or audio-visual means is a valid meeting of a statutory body if—
(a)
a notice of the conference is given to all members in the manner determined by the statutory body for that purpose; and
(b)
the system of communication allows a participating member to communicate with any other participating member during the conference.
(5)
A member of a statutory body who has a direct or indirect personal or pecuniary interest in a matter before the statutory body (other than an indirect interest that exists in common with a substantial class of persons)—
(a)
must, as soon as he or she becomes aware of his or her interest, disclose the nature and extent of the interest to the statutory body; and
(b)
must not take part in any hearings conducted by the statutory body, or in any deliberations or decision of the statutory body, on the matter and must be absent from the meeting when any deliberations are taking place or decision is being made.

Penalty: Division 4 fine.
(5a)
Without limiting the effect of subsection (5), a member of a statutory body will be taken to have an interest in a matter for the purposes of that subsection if an associate of the member has an interest in the matter.
(6)
Subject to this Act, a statutory body may determine its own procedures.
(7)
A statutory body must have accurate minutes kept of its proceedings.

14Vacancies or defects in appointment of members

An act of a statutory body is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

16Committees

(1)
A statutory body—
(a)
must establish such committees or subcommittees as the regulations may require; and
(b)
may establish such other committees or subcommittees as the statutory body thinks fit,
to advise the statutory body on any aspect of its functions, or to assist the statutory body in the performance of its functions.
(2)
A committee or subcommittee established under subsection (1) may, but need not consist of, or include, members of the statutory body.
(3)
The procedures to be observed in relation to the conduct of the business of a committee or subcommittee will be—
(a)
as prescribed by regulation;
(b)
insofar as the procedure is not prescribed by regulation—as determined by the statutory body;
(c)
insofar as the procedure is not prescribed by regulation or determined by the statutory body—as determined by the relevant committee or subcommittee.

17Staff

(1)
There will be—
(a)
a secretary to each statutory body (or to both statutory bodies);
(b)
such other staff to assist each statutory body (or both statutory bodies) as the Governor thinks fit.
(2)
A secretary or other member of staff referred to in subsection (1) will be Public Service employees.
(3)
A statutory body may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.
(4)
A statutory body may, with the approval of a council, make use of the services of officers or employees of that council.

Division 2Authorised officers18Appointment of authorised officers

(1)
The Minister or a council—
(a)
may appoint a person to be an authorised officer for the purposes of this Act; and
(b)
must appoint a person who holds the qualifications prescribed by the regulations to be an authorised officer for the purposes of this Act if required to do so by the regulations.
(2)
An appointment of an authorised officer may be subject to conditions.
(3)
Each authorised officer must be issued an identity card—
(a)
containing a photograph of the authorised officer; and
(b)
stating any conditions of appointment limiting the authorised officer's appointment.
(4)
An authorised officer must produce the identity card for inspection before exercising the powers of an authorised officer under this Act in relation to any person.
(5)
The Minister or a council may, at any time, revoke an appointment which he or she or it has made, or vary or revoke a condition of such an appointment or impose a further such condition.

19Powers of authorised officers to inspect and obtain information

(1)
An authorised officer may—
1. (a)
  enter and inspect any land or building—
  1. (i)
    where the authorised officer reasonably suspects that a provision of this Act is being, or has been breached; or
  2. (ii)
    in the case of an authorised officer who holds prescribed qualifications—for the purpose of inspecting any building work; or
  3. (iii)
    for the purposes of determining that the land or building is safe; or
  4. (iv)
    for any other reasonable purpose connected with the administration or operation of this Act;
2. (b)
  subject to subsection (2), where reasonably necessary—
  1. (i)
    break into or open any part of, or anything in or on, the land or building; or
  2. (ii)
    pull down or lay open any building or building work;
3. (c)
  require any person to produce any documents (which may include a written record reproducing in an understandable form information stored by computer, microfilm or other process) as reasonably required in connection with the administration or enforcement of this Act;
4. (d)
  examine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information;
5. (e)
  carry out tests, make measurements or take photographs, films or video recordings as reasonably necessary in connection with the administration or enforcement of this Act;
6. (f)
  require a person whom the authorised officer reasonably suspects to have committed, or to be committing or about to commit, any breach of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity;
7. (g)
  require a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters;
8. (h)
  give any directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration or enforcement of this Act.
(2)
An authorised officer may only exercise the power conferred by subsection (1)(b) on the authority of a warrant issued by a magistrate unless the authorised officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.
(3)
A magistrate must not issue a warrant under subsection (2) unless satisfied, on information given on oath—
1. (a)
  that there are reasonable grounds to suspect that a provision of this Act has been, is being, or is about to be, breached; or
2. (b)
  that the warrant is otherwise reasonably required in the circumstances.
(4)
Where—
1. (a)
  a person whose native language is not English is suspected of having breached this Act; and
2. (b)
  the person is being interviewed by an authorised officer for the purposes of criminal proceedings in connection with that suspected breach; and
3. (c)
  the person is not reasonably fluent in English,

the person is entitled to be assisted by an interpreter during the interview.

(5)
In the exercise of powers under this Act an authorised officer may be assisted by such persons as may be necessary or desirable in the circumstances.
(6)
An occupier of a building must give to an authorised officer or a person assisting an authorised officer such assistance as is reasonably required for the effective exercise of the powers conferred by this section to be exercised.

Penalty: Division 6 fine.

(7)
Subject to subsection (8), a person who—
1. (a)
  without reasonable excuse, hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers under this Act; or
2. (b)
  uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or
3. (c)
  without reasonable excuse, fails to obey a requirement or direction of an authorised officer under this Act; or
4. (d)
  without reasonable excuse, fails to answer, to the best of the person's knowledge, information and belief, a question put by an authorised officer; or
5. (e)
  falsely represents, by words or conduct, that he or she is an authorised officer,

is guilty of an offence.
Penalty: Division 6 fine.

(8)
It is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or information as required under this section that to do so might tend to incriminate the person or make the person liable to a penalty.
(9)
If compliance by a person with a requirement under this section might tend to incriminate the person or make the person liable to a penalty, then—
1. (a)
  in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or
2. (b)
  in any other case—the answer given in compliance with the requirement,

is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).

(10)
A person who assaults an authorised officer, or a person assisting an authorised officer in the exercise of powers under this Act, is guilty of an offence.

Penalty: Division 5 fine or division 5 imprisonment, or both.

(11)
An authorised officer, or a person assisting an authorised officer, who—
1. (a)
  addresses offensive language to any other person; or
2. (b)
  without lawful authority hinders or obstructs or uses or threatens to use force in relation to any other person,

is guilty of an offence.
Penalty: Division 6 fine.

Division 3Delegations20Delegations

(1)
The Minister, the Advisory Committee, the Development Assessment Commission or another authority established under this Act, or a council, may delegate a power or function vested or conferred under this Act.
(2)
A delegation—
(a)
may be made—
(i)
to a particular person or body; or
(ii)
to the person for the time being occupying a particular office or position; or
(iii)
to a subsidiary established under the Local Government Act 1999; and
(b)
must in prescribed circumstances be made to a committee or subcommittee of the Advisory Committee or Development Assessment Commission established by the regulations; and
(c)
may be made subject to conditions and limitations specified in the instrument of appointment; and
(d)
subject to any other provision of this Act or the regulations, is revocable at will and does not derogate from the power of the delegator to act in a matter; and
(e)
in the case of a delegation by the Advisory Committee, the Development Assessment Commission or another authority under this Act—may continue despite a vacancy in the membership of the body.
(3)
A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.
(4)
Subject to subsection (7), a delegate must not act in any matter pursuant to the delegation in which the delegate has a direct or indirect private interest.
Penalty: Division 5 fine or division 5 imprisonment.
(5)
It is a defence to a charge of an offence against subsection (4) to provide that the defendant was, at the time of the alleged offence, unaware of his or her interest in the matter.
(6)
In subsection (4)—
delegate includes a member of a body to which a power or function has been delegated.
(7)
Where a delegation is made—
(a)
to a council, or to a body of which a member, officer or employee of a council is a member; or
(b)
by a council to an officer or employee of the council, or to a body of which a member, officer or employee of the council is a member,
Chapter 5 Part 4 Division 3 and Chapter 7 Part 4 Division 3 of the Local Government Act 1999 apply in respect of any conflict of interest involving a member, officer or employee of the council (in his or her capacity as such) to the exclusion of subsection (4).
(8)
Notice of a delegation under this section must, in prescribed circumstances, be given in the Gazette.
(9)
In any legal proceedings an apparently genuine certificate, purportedly signed by the delegator, containing particulars of a delegation under this section will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.

Division 4Annual report21Annual report

(1)
The Minister must, on or before 31 October in each year, prepare a report on the administration of this Act during the preceding financial year.
(2)
The Minister must, within six sitting days after completing the report, cause copies to be laid before both Houses of Parliament.

Division 5Codes of conduct21ACodes of conduct

(1)
The Minister may adopt—
(a)
a code of conduct to be observed by members of the Development Assessment Commission; and
(b)
a code of conduct to be observed by members of regional development assessment panels; and
(c)
a code of conduct to be observed by members of council development assessment panels established by councils; and
(d)
a code of conduct to be observed by officers of relevant authorities or other agencies who are acting under delegations under this Act.
(2)
The Minister may vary a code of conduct, or adopt a new code of conduct in substitution for an existing code of conduct, in operation under subsection (1).
(3)
Before the Minister adopts or varies a code of conduct under this section, the Minister must take reasonable steps to consult with—
(a)
the Environment, Resources and Development Committee of the Parliament; and
(b)
the LGA.
(4)
If the Minister adopts or varies a code of conduct under this section, the Minister must—
(a)
publish a notice of the adoption or variation in the Gazette; and
(b)
ensure that a copy of the code of conduct (as adopted or varied) is kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations.

Part 3Planning schemesDivision 1The Planning Strategy22The Planning Strategy

(1)
In this section—
the appropriate Minister means the Minister to whom the Governor has from time to time, by notice in the Gazette, assigned the functions of appropriate Minister for the purposes of this section.
(2)
The appropriate Minister must ensure that a Planning Strategy for development within the State is prepared and maintained.
(3)
The Planning Strategy may incorporate documents, plans, policy statements, proposals and other material designed to facilitate strategic planning and co-ordinated action on a State-wide, regional or local level.
(3a)
The Planning Strategy will be taken to include—
(a)
the Objectives for a Healthy River Murray under the River Murray Act 2003 (as in force from time to time); and
(b)
the objectives of the Adelaide Dolphin Sanctuary Act 2005; and
(c)
the objects of the Marine Parks Act 2007; and
(ca)
the objects under a character preservation law; and
(d)
the objects of the Arkaroola Protection Act 2012,
and the appropriate Minister may, as the appropriate Minister thinks fit, make textual alterations to the Planning Strategy to incorporate those objectives into the Planning Strategy.
(3ab)
Without derogating from subsection (3), the Planning Strategy must incorporate provisions which address any character values of a district recognised under a character preservation law.
(3b)
The Minister must ensure that the various parts of the Planning Strategy are reviewed at least once in every 5 years.
(3c)
Different parts may be reviewed at different times but any review must include—
(a)
an assessment of relevant trends in the strategies of the Government; and
(b)
an assessment of the consistency between the part or parts under review and other major policy documents and strategies of the Government that are relevant to the material under review (as determined by the Minister),
(and may include other matters as the Minister thinks fit).
(4)
The appropriate Minister must, in relation to any proposal to create or alter the Planning Strategy—
(a)
prepare a draft of the proposal; and
(b)
by public advertisement, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within a period specified by the Minister.
(4a)
Subsection (4) does not apply with respect to an alteration of the Planning Strategy pursuant to subsection (3a).
(4ab)
Before making any alterations to the Planning Strategy to incorporate provisions which address any character values of a district recognised under a character preservation law (or to alter any such provisions), the Minister must (in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils (within the meaning of the character preservation law).
(5)
The appropriate Minister must—
(a)
make appropriate provision for the publication of the Planning Strategy; and
(b)
ensure that copies of the Planning Strategy are reasonably available for inspection (without charge) and purchase by the public at places determined by the Minister; and
(c)
ensure that notice of any alteration to the Planning Strategy is published in the Gazette within a reasonable time after the alteration is made.
(6)
The appropriate Minister must, on or before 31 October of each year in respect of a preceding financial year, prepare a report on—
(a)
the implementation of the Planning Strategy;
(b)
any alteration to the Planning Strategy (including the general effect or implications of any such alteration);
(c)
community consultation on the content, implementation, revision or alteration of the Planning Strategy;
(d)
such other matters as the Minister thinks fit.
(7)
The appropriate Minister must, within six sitting days after completing the report, cause copies to be laid before both Houses of Parliament.
(7a)
The report required under subsection (6) may be incorporated into (and presented as part of) the annual report of the Minister under section 21.
(8)
The Planning Strategy is an expression of policy formed after consultation within government and within the community and does not affect rights or liabilities (whether of a substantive, procedural or other nature).
(9)
The Planning Strategy is not to be taken into account for the purposes of any application, assessment or decision under Part 4 (other than Division 2 of that Part).
(10)
No action can be brought on the basis—
(a)
that a Development Plan, or an amendment to a Development Plan, approved under this Act is inconsistent with the Planning Strategy; or
(b)
that an assessment or decision under this Act (including an assessment or decision under Division 2 of Part 4) is inconsistent with the Planning Strategy.

Division 2Development PlansSubdivision 1Creation of plans23Development Plans

(1)
Development Plans will be prepared and published for the purposes of this Act.
(2)
A Development Plan may relate to any geographical part of the State (but no more than one plan may relate to a particular part of the State).
(3)
A Development Plan should seek to promote the provisions of the Planning Strategy and may set out or include—
(a)
planning or development objectives or principles relating to—
(i)
the natural or constructed environment and ecologically sustainable development;
(ii)
social or socio-economic issues;
(iii)
urban or regional planning;
(iv)
the management or conservation of land, buildings, heritage places and heritage areas;
(v)
management, conservation and use of natural and other resources;
(vi)
economic issues;
(vii)
the provision of affordable housing within the community;
(b)
provisions enabling the transfer of development rights between sites;
(c)
material prescribed by the regulations;
(d)
such other material relating to planning or development as may be appropriate.
(3a)
A Development Plan may, in setting out objectives or principles under subsection (3)(a), describe the characteristics and other aspects of the natural or constructed environment that are desired within the community in order to provide clear directions with respect to development in the relevant area.
(4)
A Development Plan may designate a place as a place of local heritage value if—
(a)
it displays historical, economic or social themes that are of importance to the local area; or
(b)
it represents customs or ways of life that are characteristic of the local area; or
(c)
it has played an important part in the lives of local residents; or
(d)
it displays aesthetic merit, design characteristics or construction techniques of significance to the local area; or
(e)
it is associated with a notable local personality or event; or
(f)
it is a notable landmark in the area; or
(g)
in the case of a tree (without limiting a preceding paragraph)—it is of special historical or social significance or importance within the local area.
(4aa)
For the purposes of subsection (4):
(a)
a place will be taken to be any place within the meaning of the Heritage Places Act 1993; and
(b)
a designation of a place as a place of local heritage value may include any component or other item, feature or attribute that is assessed as forming part of, or contributing to, the heritage significance of the place; and

(c)
the Minister may, after seeking the advice of the South Australian Heritage Council, develop or adopt guidelines that are to be used in the interpretation or application of the criteria set out in that subsection.
(4a)
A Development Plan may—
(a)
declare a tree to be a significant tree if—
(i)
it makes a significant contribution to the character or visual amenity of the local area; or
(ii)
it is indigenous to the local area, it is a rare or endangered species taking into account any criteria prescribed by the regulations, or it forms part of a remnant area of native vegetation; or
(iii)
it is an important habitat for native fauna taking into account any criteria prescribed by the regulations; or
(iv)
it satisfies any criteria prescribed by the regulations; or
(b)
declare a stand of trees to be significant trees if—
(i)
as a group they make a significant contribution to the character or visual amenity of the local area; or
(ii)
they are indigenous to the local area, they are members of a rare or endangered species taking into account any criteria prescribed by the regulations, or they form, or form part of, a remnant area of native vegetation; or
(iii)
as a group they form an important habitat for native fauna taking into account any criteria prescribed by the regulations; or
(iv)
as a group they satisfy any criteria prescribed by the regulations,
(and the declaration may be made on the basis that certain trees located at the same place are excluded from the relevant stand).
(4b)
However, a declaration under subsection (4a) must not be inconsistent with any criteria prescribed by the regulations for the purposes of this subsection.
(4c)
For the purposes of subsection (4a), a Development Plan must identify the location of a tree or stand of trees in accordance with any requirements imposed by the regulations.
(5)
A Development Plan may adopt, wholly or partially and with or without modification, any plan, policy, standard, document or code prepared or published under this or any other Act, or by a body prescribed by the regulations (either as in force at the time the Plan is made or as in force from time to time).
(5a)
A Development Plan may refer to any relevant statutory provision.
(6)
A Development Plan is a public document of which a court or tribunal will take judicial notice, without formal proof of its contents.
(7)
A Development Plan is created in the same manner as a Development Plan is amended (see Subdivision 2).

Subdivision 2Amendments to Development Plans

24Council or Minister may amend a Development Plan

(1)
An amendment to a Development Plan may be prepared—
(a)
where it relates to the area, or part of the area, of a council—
(i)
by the council for the relevant area; or
(ii)
by the Minister acting at the request of the council; or
(iii)
where the Minister has requested the council to proceed with an amendment and to prepare a Statement of Intent within a specified time and the council fails to do so, or the Minister and the council cannot reach an agreement on a Statement of Intent within three months after a date specified by the Minister—by the Minister; or
(iv)
where the Minister considers that the council has demonstrated undue delay in the preparation, consideration or finalisation of a Development Plan Amendment in accordance with the provisions of this Subdivision and that the amendment should proceed after taking into account the significance of the amendment and the provisions of the Planning Strategy—by the Minister; or
(iva)
where—
(A)
a Development Plan Amendment prepared by the council has lapsed under section 25; or
(B)
the council has, after commencing the processes associated with making an amendment set out in section 25, subsequently decided not to proceed with the amendment after all; or
(C)
the council has, after being required by the Minister to take or complete any step associated with the finalisation of an amendment (including an amendment that has been divided under section 25(15)(f)), failed to take that step within a time specified by the Minister,
by the Minister; or
(v)
where—
(A)
the council has failed to comply with a requirement of section 30 relating to the preparation or completion of a report under that section; or
(B)
the Minister considers that the council has, in connection with the preparation of a report under section 30, acted unreasonably in not agreeing with the Minister on the steps that the council will take to amend any relevant Development Plan under this Subdivision, or that the council has failed to comply with the terms of any relevant agreement with the Minister, or requirement prescribed by the regulations, under that section,
by the Minister; or
(b)
where it relates to the areas, or parts of the areas, of two or more councils—
(i)
by the Minister on the basis that he or she considers that the amendment is reasonably necessary to promote orderly and proper development within the relevant areas and that, after consultation with the relevant councils, the Minister considers that it is appropriate for the Minister to undertake the amendment; or
(ii)
by the relevant councils at the request or with the approval of the Minister (and, in such a case, this Subdivision will apply with any necessary modifications); or
(c)
where it relates to land that does not lie within the area of a council—by the Minister; or
(d)
where the same amendment, or substantially the same amendment, is to be made to two or more Development Plans—by the Minister; or
(da)
where the amendment—
(i)
relates to the format of a Development Plan, or to the headings, terms, names, numbers or other forms of identifying or classifying material used in a Development Plan; or
(ii)
relates to a set of objectives or principles that have been developed by the Minister with a view to providing or enhancing consistency in the policies, or specific classes of policies, that are to apply under this Act and that have been identified for the purposes of this provision by the Minister by notice in the Gazette,
by the Minister (including an amendment that may only relate to 1 Development Plan in a particular circumstance); or
(e)
where the purpose of the amendment is to establish a State Heritage Area and impose development controls in relation to that area—by the Minister; or
(f)
where the purpose of the amendment is to impose controls in relation to a place that is entered, either on a provisional or permanent basis, in the South Australian Heritage Register—by the Minister; or
(fa)
where the purpose of the amendment is to promote the objects of the River Murray Act 2003 or the Objectives for a Healthy River Murray under that Act within the Murray-Darling Basin—by the Minister; or
(fb)
where the purpose of the amendment is to promote the objects or objectives of the Adelaide Dolphin Sanctuary Act 2005—by the Minister; or
(fba)
where the purpose of the amendment is to promote consistency with a management plan for a marine park established under the Marine Parks Act 2007—by the Minister; or
(fbb)
where the purpose of the amendment is to promote the objects under a character preservation law—by the Minister; or
(fbc)
where the purpose of the amendment is to promote consistency with the management plan under the Arkaroola Protection Act 2012—by the Minister; or
(fc)
where a regional landscape board has requested a council to proceed with an amendment on the basis of a regional landscape plan approved under the Landscape South Australia Act 2019 by the Minister responsible for the administration of that Act and the council has not acted under section 25 of this Act in relation to the matter within a period determined by the Minister responsible for the administration of this Act to be reasonable in the circumstances—by the Minister; or
(g)
where the Minister considers that an amendment to a Development Plan is appropriate because of a matter which in the opinion of the Minister is of significant social, economic or environmental importance—by the Minister; or
(ga)
where the Minister who is responsible for the administration of the Mining Acts has requested the Minister to take action under this Act to address a matter or matters relating to planning or development that may arise in connection with an area that may be subject to, or affected by, operations carried out under a Mining Act; or
(h)
where the Minister considers that an amendment to a Development Plan is necessary to ensure or achieve consistency with the Planning Strategy—by the Minister; or
(i)
where the Minister considers that an amendment to a Development Plan is appropriate having regard to issues surrounding the consideration or approval of a development or project under Division 2 of Part 4—by the Minister.
(1a)
Two or more councils may act jointly in preparing amendments to 1 or more Development Plans under subsection (1)(a)(i) or (b)(ii) and, in such a case, 1 set of amendments, and 1 DPA, may relate to all of the relevant Development Plans (and this Subdivision will apply with any necessary modifications).
(1b)
The Minister must not act under subsection (1)(a)(v) unless the Minister has, by notice in writing to the relevant council, given the council at least 6 weeks to make submissions in relation to the matter, and considered any submission received from the council within the period specified by the Minister.
(2)
The Minister must, in relation to the preparation of an amendment under subsection (1)(e) or (f), consult with the Minister responsible for the administration of the Heritage Places Act 1993 and the South Australian Heritage Council.
(2a)
The Minister must not act under subsection (1)(fc) unless the Minister has, by notice in writing to the relevant council, given the council an opportunity to make submissions (within a period specified in the notice) in relation to the matter, and considered any submission received within the specified period from the council.
(3)
Subject to subsection (3a), if a proposed amendment to a Development Plan by a council or the Minister—
(a)
relates to any part of the Murray‑Darling Basin—the Minister must consult with and have regard to the views of the Minister for the River Murray; or
(b)
relates to any part of the Adelaide Dolphin Sanctuary—the Minister must consult with and have regard to the views of the Minister for the Adelaide Dolphin Sanctuary; or
(c)
relates to any part of a marine park—the Minister must consult with and have regard to the views of the Minister for Marine Parks; or
(d)
relates to any part of the Arkaroola Protection Area, within the meaning of the Arkaroola Protection Act 2012—the Minister must consult with and have regard to the views of the Minister responsible for the administration of that Act.
(3a)
The Governor may, by regulation, exclude specified categories of amendments from the operation of subsection (3).
(5)
The consultation required under subsections (2) and (3) will be undertaken in accordance with any procedures or timelines determined under the regulations (and if, in a particular case, a response is not received by the Minister within a relevant period prescribed by the regulations then the Minister may assume that the entity under the relevant subsection does not desire to provide any comment).
(6)
However—
(a)
in a case involving a proposed amendment under subsection (3)(a), the Minister for the River Murray may, if that Minister thinks fit, extend any period for consultation that would otherwise apply under subsection (5) in relation to the matter; and
(b)
nothing in subsection (5) affects or limits the operation of section 22(5) of the River Murray Act 2003.

25Amendments by a council

(1)
If a council is considering an amendment to a Development Plan, the council must first reach agreement with the Minister on a "Statement of Intent" prepared by the council in accordance with the regulations.
(2)
The Minister must, for the purposes of subsection (1), consult with the Advisory Committee if the Minister considers that the proposed amendment would be seriously at variance with the Planning Strategy (and may consult with the Advisory Committee with respect to any other matter that should, in the opinion of the Minister, be referred to the Advisory Committee for advice).
(3)
If or when agreement is reached, and the council decides to proceed, the council must prepare a proposal, to be called a "Development Plan Amendment" (or DPA), that complies with the following requirements:
(a)
the DPA must be based on the outcome of investigations initiated by the council in accordance with the terms of the Statement of Intent and such other investigations (if any) as the council thinks fit;
(b)
the DPA must include an assessment of the extent to which the proposed amendment—
(i)
accords with the Planning Strategy; and
(ii)
accords with the Statement of Intent; and
(iii)
accords with other parts of the Development Plan; and
(iv)
complements the policies in the Development Plans for adjoining areas; and
(v)
satisfies the matters prescribed in the regulations;
(c)
the DPA must include—
(i)
an explanation of the intent of the proposed amendment, the relationship between that intent and the policy of the Statement of Intent, and a summary of the major policy changes (if any) that are proposed; and
(ii)
a summary of the conclusions drawn from the investigations and assessments referred to above; and
(iii)
a draft of the amendment, or a draft of the relevant section of the Development Plan as amended (with the amendments shown in a distinctive manner);
(d)
the DPA must include an assessment of the extent to which the proposed amendment accords with relevant infrastructure planning (with respect to both physical and social infrastructure) identified by the council through strategic planning or other processes undertaken by the council under this Act or the Local Government Act 1999 or identified by a Minister, or any other relevant government agency, in accordance with any scheme set out in the regulations, in connection with the preparation of the DPA under this Act;
(e)
the DPA must include any other matter prescribed by the regulations.
(4)
A DPA may only be prepared after the council has considered the advice of a person with prescribed qualifications.
(5)
Despite a preceding subsection, a council cannot, except as authorised by the Minister, propose an amendment to a part of a Development Plan that has been declared by the Minister by notice in the Gazette as being part of a set of standard policy modules for the purposes of this Act.
(6)
When the council has prepared a DPA in accordance with the preceding subsections, the DPA will be dealt with in accordance with process A, B or C, as described below, depending on an agreement reached between the council and the Minister as part of the Statement of Intent, or at some later time if so determined or agreed by the Minister.
(7)
Process A is as follows:
(a)
the council must first refer the DPA to any government Department or agency that has a direct interest in the matter, and any other body specified in the Statement of Intent, for comment within the period prescribed by the regulations;
(b)
the Minister will then consider the matter and any comment from a Department, agency or other body to which the DPA has been referred, although if a response is not received by the council within the period that applies under paragraph (a), the council and the Minister may assume that the particular Department, agency or other body does not desire to provide any comment;
(c)
the Minister may then give his or her approval to the release of the DPA or, after consultation with the council—
(i)
require an alteration to the DPA (and in such a case the council must comply with the requirement); or
(ii)
determine that the DPA be divided into parts (with or without alterations) and that each part be dealt with separately (and in such a case the determination will have effect according to its terms and each part will then be taken to be a separate DPA for the purposes of this Act);
(d)
the council must then release the DPA for public consultation, in accordance with the regulations, over a period of at least 8 weeks.
(8)
Process B is as follows:
(a)
if required by the Minister, the council must first refer the DPA to the Minister for consideration and the Minister may, after consultation with the council—
(i)
require an alteration to the DPA (and in such a case the council must comply with the requirement); or
(ii)
determine that the DPA be divided into parts (with or without alterations) and that each part be dealt with separately (and in such a case the determination will have effect according to its terms and each part will then be taken to be a separate DPA for the purposes of this Act);
(b)
subject to complying with paragraph (a) (if relevant), the council must—
(i)
refer the DPA to any government Department or agency that has a direct interest in the matter, and any other body specified in the Statement of Intent, for comment within a period of 8 weeks (and if a response is not received by the council within this period then the council and the Minister may assume that the particular Department, agency or body does not desire to provide any comment); and
(ii)
release the DPA for public consultation, in accordance with the regulations, over a period that is at least concurrent with the period that applies under subparagraph (i).
(9)
Process C is as follows:
(a)
the council must refer the DPA to any government Department or agency that has a direct interest in the matter, and any other body specified in the Statement of Intent, for comment within a period of 4 weeks (and if a response is not received by the council within this period then the council and the Minister may assume that the particular Department, agency or body does not desire to provide any comment);
(b)
the council must release the DPA for public consultation, in accordance with the regulations, over a period that is at least concurrent with the period that applies under paragraph (a);
(c)
the council must, at the time that the DPA is released for public consultation, give—
(i)
an owner or occupier of any land that is directly subject to the operation of the proposed amendment; and
(ii)
an owner or occupier of each piece of adjacent land to land that is directly subject to the operation of the proposed amendment,
a written notice in accordance with the regulations.
(10)
A council must not release a DPA for public consultation unless or until the chief executive officer of the council has, on behalf of the council, issued a certificate in the prescribed form relating to the extent to which the proposed amendment—
(a)
accords with the Planning Strategy; and
(b)
accords with the Statement of Intent; and
(c)
accords with other parts of the Development Plan; and
(d)
complements the policies in the Development Plans for adjoining areas; and
(e)
satisfies the matters prescribed in the regulations.
(11)
In addition to any requirement prescribed by the regulations, a council must, for the purposes of undertaking the public consultation required above—
(a)
allow interested persons to make representations in writing to the council in relation to the matter over the period that applies for the purposes of the public consultation; and
(b)
hold within its area at least 1 meeting where members of the public may attend and make representations in relation to the matter (although if no written representation under paragraph (a) indicates an interest to be heard, a meeting need not be held and, in a case where section 24(1a) applies, only 1 meeting need be held in the area of 1 relevant council); and
(c)
appoint a committee (which may, but need not, include members of the council) to consider any representations made under paragraph (a) or (b) and to provide advice to the council in relation to these representations.
(12)
If a proposed amendment designates a place as a place of local heritage value, the council must, at or before the time when the DPA is released for public consultation, give each owner of land constituting the place proposed as a place of local heritage value a written notice—
(a)
informing the owner of the proposed amendment; and

19—Declarations

A declaration made under section 50 of the Planning Act 1982 will continue in force and effect as if it were a declaration of the Governor under the corresponding provision of the Development Act 1993.

20—Agreements

An agreement in force under section 61 of the Planning Act 1982 immediately before the relevant day will be taken to be an agreement under the corresponding provision of the Development Act 1993 (and will have the same force and effect as it had immediately before the relevant day).

21—Proclamation of open space

A proclamation made under section 62 of the Planning Act 1982 (or made under section 61 of the Planning and Development Act 1966 or section 29 of the Town Planning Act 1929) will continue in force and effect as if the Planning Act 1982 had not been repealed (and that Act will be taken to continue to apply in relation to any such proclamation).

22—Development schemes

A scheme in force under section 63 of the Planning Act 1982 immediately before the relevant day will continue in force and effect as if that Act had not been repealed (and that Act will be taken to continue to apply in relation to any such scheme).

23—Approved qualifications

An approval under section 73 of the Planning Act 1982 will be taken to be an approval under the corresponding provision of the Development Act 1993 (subject to the conditions (if any) that applied to the approval under the Planning Act 1982).

24—Existing procedures etc

(1)
A reference in any Act, regulation, rule, by-law or other instrument to the Planning Appeal Tribunal or City of Adelaide Planning Appeals Tribunal, or to a Building Referee, will be taken to be a reference to the Environment, Resources and Development Court.
(2)
Except as otherwise provided by this Act, an application, appeal or other proceeding commenced under the Planning Act 1982, any Act that was repealed by the Planning Act 1982, the City of Adelaide Development Control Act 1976, the Building Act 1971, Part 19AB of the Real Property Act 1886 or the Strata Titles Act 1988, or regulations under those Acts, but which had not been finally determined at the relevant day, may be continued and completed as if the Development Act 1993 and this Act had not been enacted, except that a reference to the Planning Appeal Tribunal or City of Adelaide Planning Appeals Tribunal, or to a Building Referee, will be taken as a reference to the Environment, Resources and Development Court.
(3)
A right of appeal in existence before the relevant day may be exercised as if the Development Act 1993 and this Act had not been enacted, except that a reference to the Planning Appeal Tribunal or City of Adelaide Planning Appeals Tribunal, or to or a Building Referee, will be taken as a reference to the Environment, Resources and Development Court.
(4)
Any proceedings before the Planning Appeal Tribunal, the City of Adelaide Planning Appeals Tribunal or a Building Referee immediately before the relevant day will, subject to such directions as the Presiding Member of the Court thinks fit, be transferred to the Environment, Resources and Development Court where they may proceed as if they had been commenced before that Court.
(5)
The Environment, Resources and Development Court may—
(a)
receive in evidence any transcript of evidence in proceedings before the tribunal or referee before which the proceedings were commenced, and draw any conclusions of fact from that evidence that appear proper; and
(b)
adopt any findings or determinations of that tribunal or referee that may be relevant to the proceedings.
(6)
A development application lodged or approved under the Planning Act 1982 or City of Adelaide Development Control Act 1976 for building work prior to the relevant day may be the subject of application for approval under the Building Act 1971 following its repeal, provided that any approval under the Planning Act 1982 or City of Adelaide Development Control Act 1976 has not lapsed.
(7)
A condition attached to, or applying in relation to, an approval or authorisation granted under the Planning Act 1982, the City of Adelaide Development Control Act 1976 or the Building Act 1971 will remain in force as if granted under the Development Act 1993 and bind the owners and occupiers of the land to which the condition relates.
(8)
The repeal of any Act by this Act does not affect any rights that accrued under the Act so repealed, the validity of any decision or authorisation made or granted under the Act so repealed, or any notice or order given or made under the Act so repealed.

25—Administrative arrangements

(1)
Any power, duty, function or obligation vested in the South Australian Planning Commission or the City of Adelaide Planning Commission immediately before the relevant day (other than in respect of Part 2 of the City of Adelaide Development Control Act 1976) is exercisable by, or attaches to, the Development Assessment Commission under the Development Act 1993.
(2)
Any power, duty, function or obligation vested in the Advisory Committee on Planning, the Building Advisory Committee or the City of Adelaide Planning Commission in respect of Part 2 of the City of Adelaide Development Control Act 1976 immediately before the relevant day is exercisable by, or attaches to, the Advisory Committee under the Development Act 1993.
(3)
A reference in any Act, regulation, rule, by-law or other instrument to the Metropolitan Planning Area, or to Metropolitan Adelaide, as constituted or defined under the Planning Act 1982 will, unless the contrary intention appears, be taken as a reference to Metropolitan Adelaide under the Development Act 1993.
(4)
A reference in any Act, regulation, rule, by-law or other instrument to a planning authority or planning authorisation under the Planning Act 1982 will, unless the contrary intention appears, be taken to include a reference to a relevant authority or development authorisation (as the case may be) under the Development Act 1993.
26—Lapse of approvals under the Planning and Development Act
Any development approval granted and current at the relevant day under the Planning and Development Act 1966 will lapse at the expiration of 12 months from commencement of this Act unless—
(a)
the approval is, as at the relevant day, subject to any proceedings before a court or tribunal constituted by law; or
(b)
the development had substantially commenced prior to that time; or
(c)
if land division, application for division has been lodged with the Registrar-General; or
(d)
application for extension is granted in response to application under the Development Act 1993; or
(e)
the approval has been specifically granted for a longer specific period.

27—Certificates of classification

A certificate of classification issued under the Building Act 1971 in force immediately before the relevant day will be taken to be a certificate of occupancy under the Development Act 1993.

28—Buildings specifically

(1)
Except as otherwise expressly provided by the Development Act 1993 or the regulations under that Act, a building that was lawfully erected or constructed before the relevant day or was taken pursuant to the Building Act 1971 to conform with the provisions of that Act will be taken to conform with the Development Act 1993 if—
(a)
it conformed with the law of this State as in force at the time of its erection or construction; or
(b)
where it has been altered since the time of its erection or construction, the alteration has been made pursuant to the law of this State as in force at the time of the alteration, or pursuant to the Development Act 1993.

29—Existing appointments

(1)
Subject to subsection (2), a person who was, immediately before the relevant day, a full-time commissioner of the Tribunal under the Planning Act 1982 will continue in office as a commissioner of the Environment, Resources and Development Court on the same terms and conditions as applied to the person immediately before the relevant day.
(2)
A person to whom subsection (1) applies must retire—
(a)
on or before the retirement age that applied to the person immediately before the relevant day; or
(b)
if no such retirement age applied—on or before the person attains the age of 65 years or, if he or she has attained that age before the relevant day, on the relevant day.

Development (Major Development Assessment) Amendment Act 1996

14—Transitional provisions

(1)
A declaration made under section 48 of the principal Act before the commencement of this Act (including a declaration under section 50 of the Planning Act 1982 continued in force by virtue of the Statutes Repeal and Amendment (Development) Act 1993) will continue in force and effect as if it were a declaration of the Minister under section 46 of the principal Act (as amended by this Act) (and, subject to the regulations, on the basis that the provisions of the principal Act (as amended by this Act) will then apply to any process commenced by virtue of that declaration from the stage reached immediately before the commencement of this Act).
(2)
Section 48E of the principal Act, as enacted by this Act, does not apply so as to affect the rights of any person in respect of a proposed development or project that has been the subject of Supreme Court proceedings relating to an application under Division 1 of Part 4 of the principal Act commenced before 30 July 1996 (even if those proceedings have been settled or determined).
(3)
For the purposes of subsection (2), a proposed development or project that is a variation on a proposed development or project that has been the subject of Supreme Court proceedings will be taken to have also been the subject of Supreme Court proceedings before the relevant date (provided that the essential nature of the development or project has not changed).

Development (Significant Trees) Amendment Act 2000

7—Transitional provision

The inclusion of paragraph (fa) in the definition of development in section 4 of the principal Act does not affect, or apply in relation to, any activity that is within the scope of, or undertaken for the purposes of, a development that is the subject of an application, or that is within the ambit of an approval, under Part 4 of the principal Act before the commencement of this section.

Development (System Improvement Program) Amendment Act 2000, Sch 2—Transitional provisions

1(1)This clause sets out the transitional provisions that relate to the amendment of sections 25, 27 and 28 of the principal Act by this Act.
(2)
If, immediately before the commencement of this clause, agreement has not been reached on a Statement of Intent under section 25(1) and (2) of the principal Act, sections 25, 27 and 28 of the principal Act, as amended by this Act, will apply to any proposed amendment to a Development Plan under section 25 of the principal Act.
(3)
If, immediately before the commencement of this clause, agreement has been reached on a Statement of Intent but the council has not released a Plan Amendment Report for public consultation under subsections (11) and (12) of section 25 of the principal Act (as in existence immediately before the commencement of this clause), then the council may proceed to the public consultation stage set out in those subsections and thereafter section 25(13), (14), (15), (16), (17) and (18), and sections 27 and 28, of the principal Act, as enacted or amended by this Act, will apply.
(4)
A council must, before releasing a report for public consultation under subclause (3), ensure that the chief executive officer of the council issues a certificate that complies with the requirements of section 25(6)(b) of the principal Act, as enacted by this Act, and thereafter section 25(10) and (11) of the principal Act, as enacted by this Act, will apply with respect to that certificate.
(5)
If, immediately before the commencement of this clause, a council has reached (or passed) the stage referred to in subclause (3) but not reached the end of the stages set out in subsections (13) and (14) of section 25 of the principal Act (as in existence immediately before the commencement of this clause), then the council may proceed to the end of the stages set out in those subsections and thereafter—
(a)
the Minister will give notice of any approval in accordance with section 25(17) and (18) of the principal Act, as enacted by this Act; and
(b)
sections 27 and 28 of the principal Act, as amended by this Act, will apply.
(6)
If, immediately before the commencement of this clause, the Minister has approved an amendment under section 25(14) of the principal Act (as in existence immediately before the commencement of this clause) but the Governor has not declared the amendment to be an authorised amendment under the principal Act, then—
(a)
the Minister will give notice of the approval in accordance with section 25(17) and (18) of the principal Act, as enacted by this Act; and
(b)
sections 27 and 28 of the principal Act, as amended by this Act, will apply.
2A register of agreements under Part 5 of the principal Act established under section 57 of the principal Act (as amended by this Act) need only relate to agreements entered into after the commencement of this clause (but may relate to agreements entered into before that commencement).
3The Governor may, by regulation, make any other provision of a saving or transitional nature consequent on the enactment of this Act.

Local Government (Lochiel Park Lands) Amendment Act 2005, Sch 1—Amendment of Development Plan

1—Interpretation

In this Schedule—
Development Plan means the Development Plan under the Development Act 1993 that relates to Campbelltown (City), as consolidated on 10 March 2005.

2—Amendment of Development Plan

The Development Plan is amended in the following manner:
(a)
page 59, under the heading "Campbelltown Desired Future Character Statement", fourth paragraph—after "and to be utilised" insert:
, as the Lochiel Park Lands in accordance with Schedule 8 clause 11 of the Local Government Act 1999,
(b)
Concept Plan Figure R/1—delete Concept Plan Figure R/1 and substitute:
(c)
page 63, under the heading "Lochiel Park", principle number 5—after "and to be utilised" insert:
, as the Lochiel Park Lands in accordance with Schedule 8 clause 11 of the Local Government Act 1999,

Development (Panels) Amendment Act 2006, Sch 1

3—Transitional provisions

(1)
The Governor may, by regulation, make provisions of a saving or transitional nature consequent on the enactment of this Act.
(2)
A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
(3)
To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(4)
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of regulations made under this Schedule, apply to any amendment effected by this Act.

Development (Development Plans) Amendment Act 2006, Sch 1—Transitional provisions

4—Interpretation

In this Part—
principal Act means the Development Act 1993.

5—Plan Amendment Reports

(1)
If a council has, before the commencement of this clause, reached an agreement with the Minister on a Statement of Intent with respect to an amendment to a Development Plan, or taken steps to prepare a Plan Amendment Report on the basis of such a Statement of Intent, then, subject to subclause (2), the council may continue with the process as set out in section 25 of the principal Act (as in force immediately before the commencement of this clause) as if this Act had not been enacted until the relevant amendment is approved (with or without alteration) or otherwise dealt with by the Minister under section 25(15) of the principal Act, subject to the qualification that the relevant Plan Amendment Report may be referred to as a Development Plan Amendment.
(2)
A council and the Minister may agree on a Statement of Intent that is to supersede a Statement of Intent agreed between the council and Minister before the commencement of this clause (and in such a case the process will continue under section 25 of the principal Act as amended by this Act).
(3)
A Plan Amendment Report which, before the commencement of this clause—
(a)
was prepared on the basis of a Statement of Intent that does not specify any relevant periods for the purposes of section 25(19) of the principal Act; and
(b)
was released for public consultation at least 5 years before that commencement; but
(c)
has not been approved by the Minister under section 25 of the principal Act within 6 months after that commencement,
will, at the expiration of 6 months after that commencement, lapse by force of this subclause unless the Minister, by notice in the Gazette, exempts the Plan Amendment Report from the operation of this subclause.
(4)
A notice under subclause (3) may relate to a particular Plan Amendment Report or to all Plan Amendment Reports within a particular class.
(5)
A period prescribed by regulations made for the purposes of subsection (20) of section 25 of the principal Act (as amended by this Act) may extend to (and operate in relation to) a Plan Amendment Report prepared before the commencement of this clause.
(6)
A Plan Amendment Report which, before the commencement of this clause, has been initiated by the Minister under section 26(1) of the principal Act (as in force immediately before that commencement) may continue to be subject to the provisions of the principal Act as if this Act had not been enacted until the relevant amendment is approved (with or without alteration) or otherwise dealt with by the Minister under section 26(8) of the principal Act, subject to the qualification that the relevant Plan Amendment Report may be referred to as a Development Plan Amendment.
(7)
The Development Plan Amendment entitled "City of Onkaparinga—Coromandel Valley Desired Character (Stage 2) Plan Amendment" approved by the Minister under section 25(15) of the principal Act by notice in the Gazette on 23 February 2006 is again referred by force of this subclause to the Environment, Resources and Development Committee of the Parliament under section 27(1) of the principal Act (and section 27 of the principal Act will then apply again in relation to the amendment as if the amendment had been referred by the Minister on the commencement of this subclause under subsection (1) of that section).

6—Strategic Directions Reports

(1)
For the purposes of section 30(2)(b) of the principal Act (as enacted by this Act), a report received by the Minister under section 30 of the principal Act before the commencement of this clause will be taken to be a completed report.
(2)
Subject to any determination or direction of the Minister under this subclause, any process or procedure commenced under section 30 of the principal Act before the commencement of this clause may be continued and applied for the purposes of section 30 of the principal Act as enacted after the commencement of this clause.

7—Major Developments Panel

If, in relation to a declaration under section 46 of the principal Act made before the commencement of this clause—
(a)
the Major Developments Panel has not, before that commencement, proceeded to the stage of publishing a notice under section 46(8)(b) of the principal Act (as in force immediately before that commencement), the Development Assessment Commission will assume the role of the Major Developments Panel and proceed to deal with the matter under the principal Act as amended by this Act (and for this purpose the Development Assessment Commission may adopt any decision or document made or prepared by the Major Developments Panel in relation to the matter);
(b)
the Major Developments Panel has, before that commencement, proceeded to the stage of publishing a notice under section 46(8)(b) of the principal Act (as in force immediately before that commencement), the Major Developments Panel will continue in existence and continue to deal with the matter under the principal Act as if this Act had not been enacted.

8—Other provisions

(1)
The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
(2)
A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
(3)
To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(4)
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment effected by this Act.

Development (Assessment Procedures) Amendment Act 2007, Sch 1

4—Transitional provisions

(1)
The Governor may, by regulation, make provisions of a saving or transitional nature consequent on the enactment of this Act.
(2)
A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
(3)
To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(4)
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of regulations made under this Schedule, apply to any amendment effected by this Act.

Development (Regulated Trees) Amendment Act 2009, Sch 1—Transitional provisions

1—Interpretation

In this Schedule—
principal Act means the Development Act 1993.

2—Development Plans

A tree that is a significant tree by virtue of a declaration in a Development Plan under section 23(4a) of the principal Act, as in force immediately before the commencement of this clause, will continue to be a significant tree under the principal Act after that commencement until the relevant declaration is amended or revoked so that it no longer has effect in relation to that tree.

3—Applications

An application for a development authorisation under the principal Act with respect to a significant tree made before the commencement of this clause will continue as if it were an application with respect to a regulated tree under that Act.

4—Other provisions

(1)
The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
(2)
A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
(3)
To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(4)
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment effected by this Act.

Character Preservation (McLaren Vale) Act 2012, Sch 1 Pt 3

8—Transitional provisions

The Minister must—
(a)
take steps to comply with subsection (3ab) of section 22 of the Development Act 1993, as enacted by this Act, in relation to the district under this Act within 6 months after the commencement of this clause; and
(b)
ensure that any Development Plan under that Act that relates to the district, or part of the district, is reviewed within 6 months after the alterations to the Planning Strategy under paragraph (a) have been made for the purpose of determining whether any amendments should be made to the Development Plans on account of the provisions of the Planning Strategy as altered under paragraph (a) or on account of any other provisions that are relevant to the operation and effect of this Act; and
(c)
(in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils in relation to the matters specified in paragraphs (a) and (b).

Historical versions

Reprint No 1—12.5.1994
Reprint No 2—1.5.1995
Reprint No 3—27.10.1995
Reprint No 4—23.11.1995
Reprint No 5—4.11.1996
Reprint No 6—2.1.1997
Reprint No 7—2.7.1997
Reprint No 8—1.9.1997
Reprint No 9—1.1.1998
Reprint No 10—29.7.1999
Reprint No 11—20.4.2000
Reprint No 12—1.9.2000
Reprint No 13—16.11.2000
Reprint No 14—2.4.2001
Reprint No 15—14.6.2001
Reprint No 16—2.7.2001
Reprint No 17—4.5.2002
Reprint No 18—24.11.2003
Reprint No 19—1.2.2004
1.9.2004
1.7.2005
1.10.2005
17.11.2005
8.12.2005
12.1.2006
20.4.2006
4.9.2006
23.11.2006
14.12.2006
22.3.2007 (electronic only)
26.4.2007
1.6.2007
1.7.2007
27.9.2007
29.11.2007
8.12.2007
1.10.2008
6.11.2008
23.11.2008
15.12.2008
1.3.2009
26.3.2009
1.10.2009
10.12.2009
1.2.2010
17.11.2011
26.4.2012
1.10.2012
1.1.2013
18.1.2013
11.4.2013
17.6.2013
18.9.2014
1.7.2019
15.5.2020

Appendix—Divisional penalties and expiation fees

At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division	Maximum imprisonment	Maximum fine	Expiation fee
1	15 years	$60 000	—
2	10 years	$40 000	—
3	7 years	$30 000	—
4	4 years	$15 000	—
5	2 years	$8 000	—
6	1 year	$4 000	$300
7	6 months	$2 000	$200
8	3 months	$1 000	$150
9	–	$500	$100
10	–	$200	$75
11	–	$100	$50
12	–	$50	$25

Note: This appendix is provided for convenience of reference only.