Development (Bushfire Areas and Referrals) Variation Regulations 2006 (SA)

South Australia

Development (Bushfire Areas and Referrals) Variation Regulations 2006

under the Development Act 1993

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Development Regulations 1993

1. Variation of regulation 78—Building Rules: bushfire prone areas

2. Variation of Schedule 8—Referrals and concurrences

3. Variation of Schedule 18—Bushfire Prone Areas

4. Variation of Schedule 21—Activities of environmental significance

Part 1—Preliminary

1—Short title

These regulations may be cited as the Development (Bushfire Areas and Referrals) Variation Regulations 2006.

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 1993

4—Variation of regulation 78—Building Rules: bushfire prone areas

1. Regulation 78(1)(b)—delete paragraph (b) and substitute:

   (b)it is an area identified as—

   (i)a bushfire prone area; or

   (ii)a medium or high bushfire risk area,

   by the relevant Development Plan.

2. Regulation 78(2)(b)—after "bushfire prone area" insert:

   or a medium or high bushfire risk area

3. Regulation 78(3)—after "bushfire prone area" insert:

   or a medium or high bushfire risk area

5—Variation of Schedule 8—Referrals and concurrences

Schedule 8, clause 2, item 18—delete "in a CFS Referral Area in a Bushfire Prone Area identified by the relevant Development Plan" and substitute:

—

    (a)    in a CFS Referral Area in a Bushfire Prone Area; or

    (b)    in a High Bushfire Risk Area in a Bushfire Protection Area,

identified by the relevant Development Plan

6—Variation of Schedule 18—Bushfire Prone Areas

Schedule 18—after clause 2 insert:

South East, Kangaroo Island, Yorke Peninsula and Eyre Peninsula Bushfire Protection Areas

3The whole of any Bushfire Protection Area identified as Medium Bushfire Risk or High Bushfire Risk in any of the following Development Plans:

Elliston (DC)

Grant (DC)

Kangaroo Island Council

Kingston (DC)

Lower Eyre Peninsula (DC)

Mount Gambier (City)

Naracoorte Lucindale (DC)

Port Lincoln (City)

Robe (DC)

Streaky Bay (DC)

Tatiara (DC)

Tumby Bay (DC)

Wattle Range Council

Yorke Peninsula (DC)

Metropolitan, Outer Metropolitan, Mid North and Riverland Bushfire Protection Areas

4The whole of any Bushfire Protection Area identified as Medium Bushfire Risk or High Bushfire Risk in any of the following Development Plans:

Clare and Gilbert Valleys Council

Mt Remarkable (DC)

Northern Areas Council

Port Pirie Regional Council

Wakefield Regional Council

Light Regional Council

Mallala (DC)

Murray Bridge (RC)

Berri Barmera Council

Renmark Paringa (DC)

Gawler (CT)

Salisbury (City)

7—Variation of Schedule 21—Activities of environmental significance

1. Schedule 21, clause 2(1)—delete subclause (1)

2. Schedule 21, clause 2(5)(b)—delete paragraph (b)

3. Schedule 21, clause 2(6)—delete subclause (6)

4. Schedule 21, clause 4(1) to (3)—delete subclauses (1) to (3) (inclusive)

5. Schedule 21, clause 4(7) to (9)—delete subclauses (7) to (9) (inclusive)

6. Schedule 21, clause 5(3)—delete subclause (3)

7. Schedule 21, clause 7(3) and (4)—delete subclauses (3) and (4)

8. Schedule 21, clause 7(6)—delete subclause (6)

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's Deputy

with the advice and consent of the Executive Council

on 2 November 2006

No 241 of 2006