Development (Miscellaneous No 2) Variation Regulations 2006 (SA)
South Australia
Development (Miscellaneous No 2) Variation Regulations 2006
under the Development Act 1993
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Development Regulations 1993
Variation of regulation 32—Public notice categories
Variation of regulation 41—Time within which a decision must be made
Insertion of regulation 98B
98BLand management agreements—development applications
Variation of Schedule 5—Requirements as to plans and specifications
Variation of Schedule 6—Fees
Variation of Schedule 8—Referrals and concurrences
Variation of Schedule 9—Public notice categories
Insertion of Schedule 10A
Schedule 10A—Notice—section 42(2) of the Development Act 1993
Part 1—Preliminary
1—Short title
These regulations may be cited as the Development (Miscellaneous No 2) Variation Regulations 2006.
2—Commencement
Regulations 5 and 11 will come into operation on the day on which section 11 of the Development (Miscellaneous) Amendment Act 2005 comes into operation.
Regulations 6 and 8 will come into operation on the day on which section 21 of the Development (Miscellaneous) Amendment Act 2005 comes into operation.
Regulations 7 and 9 will come into operation on 1 May 2006.
The remaining regulations will 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 32—Public notice categories
Regulation 32—after subregulation (4) insert:
(5)For the purposes of the Act and these regulations, a development that comprises 2 or more elements (as set out in the relevant application or as determined by the relevant authority)—
(a)where all of those elements are within Part 1 of Schedule 9, will be assigned to Category 1 for the purposes of section 38 of the Act;
(b)where all of those elements are within Part 1 or Part 2 of Schedule 9 (with at least 1 element within Part 2), will be assigned to Category 2 for the purposes of section 38 of the Act.
5—Variation of regulation 41—Time within which a decision must be made
Regulation 41—after subregulation (2) insert:
(3)For the purposes of section 41(2)(b) of the Act, a notice to the relevant authority must—
(a)be in the form set out in Schedule 10A; and
(b)be lodged at the principal office of the relevant authority.
6—Insertion of regulation 98B
After regulation 98A insert:
98B—Land management agreements—development applications
(1)The Minister must establish a register of agreements entered into by the Minister, or any other designated Minister, under section 57A of the Act.
(2)A council must establish a register of agreements entered into by the council under section 57A of the Act.
(3)A register must contain a copy of each agreement entered into by a Minister or the council (as the case may be) under section 57A of the Act and may contain other information the Minister or the council (as the case may be) considers appropriate.
(4)The register established by the Minister must be kept at the principal office of the Department of the Minister.
(5)A register established by a council must be kept at the principal office of the council.
(6)A register must be kept available for public inspection during normal office hours for the office where the register is situated.
(7)For the purposes of section 57A(18) of the Act, the period of 9 months from the operative date of the relevant development approval is prescribed.
(8)A notice given by the relevant authority under section 57A(18) of the Act—
(a)must be in writing; and
(b)must identify the relevant development approval according to the site of the proposed development and the date on which the approval was given; and
(c)must state that the relevant authority has decided to lapse the development approval because the agreement has not been noted against the relevant instrument of title or land (as the case may be) under section 57A of the Act within the period that applies under subregulation (7); and
(d)must be given to each person named as a party to the agreement (other than the relevant authority).
(9)The relevant authority must also give a copy of a notice under subregulation (8) to—
(a)any owner of the land who is not a party to the agreement; and
(b)if the council for the area where the relevant land is situated is not a party to the agreement—the council.
(10)In this regulation—
operative date of an approval means—
(a)the date on which the approval is given; or
(b)if the decision to grant the approval has been the subject to an appeal under this Act, the date on which any appeal is dismissed, struck out or withdrawn, or all questions raised by any appeal have been finally determined (other than any question as to costs),
whichever is the later.
7—Variation of Schedule 5—Requirements as to plans and specifications
Schedule 5, clause 2A—after subclause (2) insert:
(3)This regulation will apply with respect to applications made on or after 1 January 2007.
8—Variation of Schedule 6—Fees
Schedule 6, item 7—delete "section 57(2d)" and substitute:
sections 57(2d) and 57A(7)
9—Variation of Schedule 8—Referrals and concurrences
Schedule 8, clause 1—after subclause (2) insert:
(2aa)Item 9B will apply with respect to applications made on or after 1 January 2007.
10—Variation of Schedule 9—Public notice categories
Schedule 9—after item 15A insert:
15BFor the purpose of determining whether a development should be considered to be of a minor nature only, the relevant authority—
(a)must not take into account what is included within Schedule 3; and
(b)may take into account the size of the site of the development, the location of the development within that site, and the manner in which the development relates to the locality of the site; and
(c)if relevant, may conclude that the development is of a minor nature only despite the fact that it satisfies some, but not all, of the criteria set out in item 2(1)(ca).
11—Insertion of Schedule 10A
After Schedule 10 insert:
Schedule 10A—Notice—section 42(2) of the Development Act 1993
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 20 April 2006
No 40 of 2006
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