Development (Affordable Housing Stimulus Package) Variation Regulations 2013 (SA)

South Australia

Development (Affordable Housing Stimulus Package) Variation Regulations 2013

under the Development Act 1993

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Development Regulations 2008

4            Variation of regulation 3—Interpretation

5            Variation of regulation 6A—Regulated and significant trees

6            Variation of regulation 15—Application to relevant authority

7           Variation of regulation 24—Referrals

8            Variation of regulation 38—Determination of Commission as relevant authority

9            Variation of regulation 92—Provision of information

10          Variation of Schedule 1A

13          Affordable Housing Stimulus Package

11          Variation of Schedule 10—Decisions by Development Assessment Commission

17          Affordable Housing Stimulus Package

12          Variation of Schedule 14—State agency development exempt from approval

Part 1—Preliminary

1—Short title

These regulations may be cited as the Development (Affordable Housing Stimulus Package) Variation Regulations 2013.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Development Regulations 2008

4—Variation of regulation 3—Interpretation

1. Regulation 3(6)—before the definition of Commonwealth Nation Building Program insert:

   Affordable Housing Stimulus Package means the Affordable Housing Stimulus Package established by the State Government and published in the Gazette on 6 June 2013;

2. Regulation 3(6), definition of State Coordinator‑General—delete "Commonwealth Nation Building Program" and substitute:

   Affordable Housing Stimulus Package

5—Variation of regulation 6A—Regulated and significant trees

1. Regulation 6A(5)—after paragraph (e) insert:

   or

   (f)a tree if the tree is located at a site where it is proposed to undertake development that has been approved by the State Coordinator‑General for the purposes of the Affordable Housing Stimulus Package, other than where the site is a site where a State heritage place is situated.

2. Regulation 6A(6)—delete subregulation (6) and substitute:

   (6)Subregulation (5)(f) expires on 31 December 2014.

6—Variation of regulation 15—Application to relevant authority

Regulation 15(3)(b)(iv)—after "Commonwealth Nation Building Program" insert:

or the Affordable Housing Stimulus Package

7—Variation of regulation 24—Referrals

Regulation 24(5)—delete "or the Local Government Infrastructure Program" and substitute:

, the Local Government Infrastructure Program or the Affordable Housing Stimulus Package

8—Variation of regulation 38—Determination of Commission as relevant authority

Regulation 38(5)—after "Commonwealth Nation Building Program" insert:

or the Affordable Housing Stimulus Package

9—Variation of regulation 92—Provision of information

1. Regulation 92(2b)—delete "or LGIP development" and substitute:

   , LGIP development or AHSP development

2. Regulation 92(7)—before the definition of CNBP development insert:

   AHSP development means development that has been approved by the State Coordinator‑General for the purposes of the Affordable Housing Stimulus Package;

10—Variation of Schedule 1A

Schedule 1A—after clause 12 insert:

13—Affordable Housing Stimulus Package

(1)Any development that has been approved by the State Coordinator‑General for the purposes of the Affordable Housing Stimulus Package.

(2)Subclause (1) does not apply if the development is in relation to a site where a State heritage place is situated.

(3)This clause expires on 31 December 2014.

11—Variation of Schedule 10—Decisions by Development Assessment Commission

After clause 16 insert:

17—Affordable Housing Stimulus Package

(1)Any development that has been approved by the State Coordinator‑General for the purposes of the Affordable Housing Stimulus Package.

(2)This clause expires on 31 December 2014.

12—Variation of Schedule 14—State agency development exempt from approval

After clause 4 insert:

5	(1)	The following forms of development are excluded from the provisions of section 49 of the Act, namely any development that has been approved by the State Coordinator‑General for the purposes of the Affordable Housing Stimulus Package.
(2)	This clause expires on 31 December 2014.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 6 June 2013

No 156 of 2013