Development (Miscellaneous) Variation Regulations 2006 (SA)

South Australia

Development (Miscellaneous) 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 4—Adoption of Building Code

2. Variation of regulation 5—Application of Act

3. Insertion of regulation 5A

   5APresumption with respect to the division of certain buildings

4. Variation of regulation 6A—Significant trees

5. Variation of regulation 8—Complying development

6. Variation of regulation 14—Prescribed plans etc

7. Variation of regulation 15—Application to relevant authority

8. Variation of regulation 31—Appeals

9. Variation of regulation 42—Notification of decision to an applicant (including conditions)

10. Variation of regulation 101—Accreditation of building products

11. Variation of Schedule 2—Additional acts and activities constituting development

12. Variation of Schedule 5—Requirements as to plans and specifications

    2AStatement relating to electricity infrastructure

13. Variation of Schedule 8—Referrals and concurrences

14. Variation of Schedule 9—Public notice categories

15. Variation of Schedule 10—Decisions by Development Assessment Commission

    7Mount Lofty Ranges Water Protection Area

16. Variation of Schedule 14—State agency development exempt from approval

Part 1—Preliminary

1—Short title

These regulations may be cited as the Development (Miscellaneous) Variation Regulations 2006.

2—Commencement

1. Subject to subregulation (2), these regulations will come into operation on the day on which they are made.

2. Regulation 11(2), regulation 15 and regulation 16(3) will come into operation on 1 May 2006.

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 4—Adoption of Building Code

Regulation 4(3)—delete subregulation (3) and substitute:

(3)Subregulation (2) does not derogate from—

(a)the significance of the boundary between a unit and common property, or between two units, as described in paragraph (a) or (b) of that subregulation, for the purposes of determining other requirements for fire-resistance of those building elements under the Code; or

(b)the significance of any other boundary of a unit or common property, or the significance of the boundary of any other allotment, for the purposes of determining requirements for fire-resistance of building elements (eg, the far boundary of a road adjoining the allotment, or a boundary between two units that is not within a building).

5—Variation of regulation 5—Application of Act

1. Regulation 5(3)—delete "by virtue of subregulation (2)" and substitute:

   (taking into account the operation of subregulation (2))

2. Regulation 5(3)—delete "Part 2.3.1" and substitute:

   P 2.3.1

6—Insertion of regulation 5A

After regulation 5 insert:

5A—Presumption with respect to the division of certain buildings

For the purposes of section 33(1)(c)(v) of the Act, if a proposed division of land relates to an existing Class 1 or 2 building under the Building Code, walls of the building exposed to a fire source feature as a result of the proposed division must comply with Section C—Volume 1, and P 2.3.1—Volume 2, of the Building Code as in force at the time the application for consent is made (and a development authorisation cannot be issued unless or until such compliance exists).

7—Variation of regulation 6A—Significant trees

1. Regulation 6A(1)(b) and (c)—delete paragraphs (b) and (c)

2. Regulation 6A(1b)—delete "and (b)"

3. Regulation 6A(2) to (5)—delete subregulations (2) to (5) (inclusive)

4. Regulation 6A(7) to (9)—delete subregulations (7) to (9) (inclusive)

8—Variation of regulation 8—Complying development

Regulation 8—after subregulation (1) insert:

(1a)A provision in a Development Plan cannot affect the classification of a form of development as complying development under these regulations.

9—Variation of regulation 14—Prescribed plans etc

Regulation 14(f)—delete paragraph (f) and substitute:

(f)a scheme of management for a fishery under the Fisheries Act 1982;

(fa)an aquaculture policy under the Aquaculture Act 2001;

10—Variation of regulation 15—Application to relevant authority

Regulation 15—after subregulation (5) insert:

(5a)However—

(a)the Development Assessment Commission may request an applicant to provide such additional documents or information before forwarding the documents under subregulation (5) and, in such a case, any period between the date of the request and the date of compliance is not to be included in the 5 business days under subregulation (5); and

(b)the Development Assessment Commission may, with the consent of the relevant council, provide to a council the documents and information under subregulation (5) by means of an electronic communication and, in such a case, any requirement as to written documentation will be taken to have been met.

11—Variation of regulation 31—Appeals

1. Regulation 31—after "items 2 or 3" insert:

   of the table in clause 2

2. Regulation 31—after its present contents as varied by this regulation (now to be designated as subregulation (1)) insert:

   (2)Pursuant to section 37(5) of the Act, no appeal lies against—

   (a)a refusal of an application if the relevant authority is acting at the direction of the Technical Regulator under item 9B of the table in clause 2 of Schedule 8; or

   (b)a condition imposed by a relevant authority pursuant to a direction by the Technical Regulator under item 9B of the table in clause 2 of Schedule 8.

12—Variation of regulation 42—Notification of decision to an applicant (including conditions)

Regulation 42—after subregulation (3) insert:

(3a)If the decision is in respect of a provisional development plan consent or a development approval, the relevant authority must endorse the set of approved plans and other relevant documentation with a stamp or a similar form of authentication.

13—Variation of regulation 101—Accreditation of building products

Regulation 101(b)—delete paragraph (b) and substitute:

(b)a person duly authorised under the Code Mark Scheme administered by the Australian Building Codes Board.

14—Variation of Schedule 2—Additional acts and activities constituting development

1. Schedule 2, clause 1(2)(b)(vii)—delete subparagraph (vii) and substitute:

   (vii)Historic (Conservation) Zone—Belair Village;

2. Schedule 2, clause 8(2)(f)—delete "as defined by the Rundle Street Mall Act 1975"

15—Variation of Schedule 5—Requirements as to plans and specifications

Schedule 5, after clause 2—insert:

2A—Statement relating to electricity infrastructure

(1)An application relating to development that would involve the construction of a building may be accompanied by a declaration by the applicant to the effect that the erection of the building would not be contrary to the regulations prescribed for the purposes of section 86 of the Electricity Act 1996.

(2)The declaration must be in a form determined by the Minister and published in the Gazette.

16—Variation of Schedule 8—Referrals and concurrences

1. Schedule 8, clause 1(3), Alexandrina Council—delete "Residential (Goolwa) Zone"

2. Schedule 8, clause 1(3), Alexandrina Council—delete "Residential (Milang) Zone" and substitute:

   Residential Zone

3. Schedule 8, clause 2, table—after item 9A insert:

Development	Body	Period	Conditions
9B—Electricity infrastructure
Development that involves the construction of a building where a declaration has not been given under Schedule 5, clause 2A	Technical Regulator	Six weeks	Direction

1. Schedule 8, clause 2, table, item 15—delete "Fisheries Act 1982" and substitute:

   Aquaculture Act 2001

2. Schedule 8, clause 2, table—after item 21 insert:

Development	Body	Period	Conditions
22—Gaming areas
Development that involves the construction or extension of a gaming area within the meaning of the Gaming Machines Act 1992	Liquor and Gambling Commissioner	Eight weeks	Direction

17—Variation of Schedule 9—Public notice categories

1. Schedule 9, clause 1—delete "it to" and substitute:

   to

2. Schedule 9, clause 2(1)—after paragraph (c) insert:

   (ca)the construction of (or of any combination of) a carport, garage, shed, pergola, verandah, swimming pool, spa pool or outbuilding if—

   (i)it will be ancillary to a dwelling; and

   (ii)it will not be constructed any closer to a street frontage than the wall of the dwelling that is closest to the street frontage; and

   (iii)it will not be constructed within the following distance of a boundary of the site of the development:

   (A)if it will have solid walls (including walls with windows or made of glass)—900 mm; and

   (B)in any other case—600 mm; and

   (iv)in the case of a carport, garage, shed or outbuilding—

   (A)it will not exceed 1 storey; and

   (B)if it will have eaves—the eaves will not be more than 3 metres above the ground; and

   (C)if it will not have eaves but will have gutters—the gutters will not be more than 3 metres above the ground; and

   (D)it will have a floor level that is not more than 0.6 metres above or below natural ground level at any point; and

   (E)it will not have a floor area that is more than 54 square metres; and

   (F)no wall will be more than 9 metres in length; or

3. Schedule 9, clause 2(1)(f)—delete "is unlikely to be the subject of reasonable objection from" and substitute:

   will not unreasonably impact on

4. Schedule 9, clause 6(1)—after paragraph (n) insert:

   (na)the construction of a building for the purpose of, or a change of use to, general industry or light industry in an area designated as Industrial (either existing or proposed)—

   (i)in the Whyalla Town Plan Structure Plan in the Development Plan that relates to the area of The Corporation of the City of Whyalla; or

   (ii)in the Whyalla Town Plan, Map LNWCA(W)/1, for the area of Whyalla that is not within the area of The Corporation of the City of Whyalla; or

5. Schedule 9, clause 9(1)(b) and (c)—delete paragraphs (b) and (c) and substitute:

   (b)in an aquaculture zone, a prospective aquaculture zone or an aquaculture emergency zone identified in an aquaculture policy under the Aquaculture Act 2001; or

6. Schedule 9, clause 9(2)—delete subclause (2)

7. Schedule 9—after clause 15 insert:

   15ADevelopment for the purposes of a trans shipment facility undertaken more than 2 kilometres offshore (measured from mean high water mark on the sea shore at spring tide).

8. Schedule 9—after clause 16 insert:

   16AExcept where the development falls within Part 1 of this Schedule, is within the City of Adelaide, or is classified as non-complying development under the relevant Development Plan, a change of use of land in a situation referred to in clause 6 of this Schedule where the site is adjacent land to land in a zone under the relevant Development Plan which is different to the zone that applies to the site of the development.

   16BExcept where the development is classified as non-complying under the relevant Development Plan or falls within Part 1 of this Schedule, any development ancillary to a dwelling that comprises the construction of (or of any combination of) a carport, garage, shed, pergola, verandah, swimming pool, spa pool or outbuilding.

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

Schedule 10, clause 7—delete the clause and substitute:

7—Mount Lofty Ranges Water Protection Area

The division of an allotment or allotments outside a township designated in or by a Development Plan in the Mount Lofty Ranges Water Protection Area, as declared under Part 8 of the Environment Protection Act 1993, other than—

(a)where the only purpose of the division is to realign the common boundary between 2 contiguous allotments and no more than 10 per cent of either allotment is affected by the change in boundary; or

(b)where 2 habitable detached dwellings are situated on 1 allotment and the purpose of the division is to divide the allotment into 2 allotments so that each dwelling will be situated on a separate allotment.

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

Schedule 14, clause 1(b)(i)—delete subparagraph (i) and substitute:

(i)complying development under these regulations (no matter what may be specified in the relevant Development Plan), or complying development under the relevant Development Plan; or

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 12 January 2006

No 1 of 2006

MUDP05/014CS