Development (Private Bushfire Shelters) Variation Regulations 2010 (SA)

South Australia

Development (Private Bushfire Shelters) Variation Regulations 2010

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 28—Special provisions—referrals

6            Variation of Schedule 1A—Development that does not require development consent

9A          Private bushfire shelters

7           Variation of Schedule 9—Public notice categories

Part 1—Preliminary

1—Short title

These regulations may be cited as the Development (Private Bushfire Shelters) Variation Regulations 2010.

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

Regulation 3(6)—after the definition of Local Government Infrastructure Program insert:

outbuilding does not include a private bushfire shelter;

private bushfire shelter means a building, associated with a Class 1a building under the Building Code, that may as a last resort provide shelter for occupants from the immediate life threatening effects of a bushfire event;

5—Variation of regulation 28—Special provisions—referrals

Regulation 28—after subregulation (6) insert:

(7)For the purposes of subsection (2c) of section 36 of the Act, building work comprising or including the construction or installation of a private bushfire shelter must not be granted a building rules consent unless the Building Rules Assessment Commission concurs in the granting of the consent.

6—Variation of Schedule 1A—Development that does not require development consent

Schedule 1A—after clause 9 insert:

9A—Private bushfire shelters

The construction, installation or alteration of a private bushfire shelter unless any part of the private bushfire shelter is, or will be, situated—

(a)in front of any part of the building line of the building with which it is associated that faces the primary street; or

(b)within 900 millimetres of a boundary of the land with a secondary street (if the land has boundaries on 2 or more roads); or

(c)within 6 metres of the intersection of 2 boundaries of the land where those boundaries both face a road, other than where a 4×4 metre corner cut‑off has already been provided (and is to be preserved).

7—Variation of Schedule 9—Public notice categories

Schedule 9, clause 2—after paragraph (d) insert:

(da)the construction, installation or alteration of a private bushfire shelter; 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

with the advice and consent of the Executive Council

on 26 August 2010

No 192 of 2010