Development Regulations 1993 (SA)

Case

South Australia

Development Regulations 1993

under the Development Act 1993

Contents

Part 1—Preliminary

  1. Short title

  2. Interpretation

  3. Adoption of Building Code

  4. Application of Act

5APresumption with respect to the division of certain buildings

Part 2—Development

  1. Additions to the definition of development

6ASignificant trees

6BAboveground and inflatable pools

  1. Exclusions from the definition of development

7AExclusions from the definition of development—Colonel Light Gardens State Heritage Area

  1. Complying development

Part 3—Development plans

  1. Statement of Intent

9AAInfrastructure planning

9AConsultation with the Minister for the River Murray

  1. Consultation with government Departments or agencies

10APrescribed certificate of CEO—Section 25

  1. Public consultation—Sections 25 and 26

  2. Public meeting

  3. Council report

  4. Prescribed plans etc

Part 4—Applications for development approval

  1. Application to relevant authority

  2. Nature of development

  3. Non-complying development

  4. Notification of application for tree-damaging activity to owner of land

  5. Period for additional information and other matters

  6. Amended applications

  7. Certification of building indemnity insurance

  8. Withdrawal of application

22AApplications extending beyond two years

  1. Contravening development

Part 5—Referrals and concurrence

  1. Referrals

  2. Procedure where concurrence required

  3. Form of response

  4. Additional information or amended plans

27ASpecial provision relating to River Murray

  1. Special provision relating to fire authorities

  2. Land division applications

  3. Underground mains areas

  4. Appeals

31APreliminary advice and agreement—section 37AA

Part 6—Public notice and consultation

  1. Public notice categories1

  2. Giving of notice

  3. Public inspection of certain applications

  4. Lodging written representations

  5. Response by applicant

  6. Notice of hearing of submissions

Part 7—Assessment of developments by the Commission

  1. Determination of Commission as relevant authority

  2. Assessment in respect of the Building Rules referred to the council

  3. Issue of building rules consent other than by a council

Part 8—Determination of an application

  1. Time within which a decision must be made

  2. Notification of decision to an applicant (including conditions)

  3. Notification of decision to a prescribed body

  4. Notification of land division decision

  5. Notification of decision to owner of land

45AScheme description—community titles

  1. Special provision relating to staged consents

  2. Endorsed plans

  3. Lapse of consent or approval

Part 9—Special provisions relating to land division

Division 1—Preliminary

  1. Interpretation

Division 2—Prescribed requirements—general land division

  1. Prescribed requirements

  2. Width of roads and thoroughfares

  3. Road widening

  4. Requirement as to forming of roads

  5. Construction of roads, bridges, drains and services

  6. Supplementary provisions

Division 3—Open space contribution scheme

55APrescribed items—section 50

  1. Exclusion from operation of section

Division 4—Certificate in respect of the division of land

  1. Exclusion from requirement to obtain a certificate1

  2. General land division

  3. Division of land by strata title

  4. General provisions

Part 10—Major developments or projects

  1. Declaration by the Minister (section 46)

  2. Reference of matters to Development Assessment Commission

  3. Prescribed criteria

63APrescribed time period

63BPrescribed fee

63DEI process—Specific provisions

63EPER process—Specific provisions

63FDR—Specific provisions

  1. Referral of assessment of building work

64ACancellation of development authorisation (section 48)

  1. Notification of decision

Part 11—Development under Division 3 or 3A of Part 4 of the Act

Division 1—Crown development by State agencies

  1. Exclusions from the definition of State agency

  2. Development excluded from approval and notice

Division 2—Development involving electricity infrastructure

  1. Prescribed persons

  2. Development excluded from approval and notice

Division 3—General provisions

69AApplications and notices

69BReferrals and reporting

  1. Criteria relevant to development at variance with Building Rules

  2. Lapse of approval

Part 12—Regulation of building work

Division 1—Preliminary

  1. Interpretation

  2. Development Assessment Commission to act outside council areas

Division 2—Notifications

  1. Notifications during building work

Division 3—Building work affecting other land

  1. Building work affecting other land

Division 4—Safety, health and amenity

  1. Essential safety provisions

76AFire safety requirements—Caravan parks and residential parks

76BFire safety requirements—Smoke alarms in dwellings

76CFire safety requirements—Brush fences

  1. Health and amenity

Division 5—General

  1. Building Rules: bushfire prone areas

78AAOn-site retention of stormwater

78ABuilding work on designated Aboriginal lands

  1. Construction Industry Training Fund

  2. Provision of access for people with disabilities—alterations of a prescribed kind

80AABuilding Safety—prescribed date

80ABuilding inspection policies

80BHeated water services

Part 13—Classification and occupation of buildings

  1. Preliminary

  2. Classification of buildings

  3. Certificates of occupancy

83AOccupation of Class 1a buildings

83ABStatement of Compliance

83BSwimming pools

Part 14—Mining production tenements

  1. Mining production tenements

Part 15—Advice and certification

Division 1—Prescribed qualifications

  1. Interpretation

  2. Qualifications in planning

  3. Qualifications in building

  4. Certificate of independent technical expert in certain cases

Division 2—Private certification

  1. Private certification—authorised functions

  2. Engagement of private certifier

  3. Qualifications

  4. Provision of information

  5. Insurance

93ARegister of private certifiers

93BPerson must avoid conflict of interest as a private certifier

Part 16—Miscellaneous

  1. Service of notices

  2. Fees

  3. Prescribed rate of interest

  4. Limitation on time when action may be taken

  5. Register of applications

98ARegister of land management agreements

98BLand management agreements—development applications

  1. Documents to be preserved by a council

99ADocuments to be provided by a private certifier

99BComplaints relating to building work assessment

  1. Transfer of development potential

  2. Accreditation of building products

  3. Adoption of codes and standards

  4. Constitution of statutory committees

103ASpecial committees for certain developments (section 34(1)(b)(vi))

103BNotice of appointment of a member of a panel

  1. Delegations

104AApplication of Fund

  1. General offence

  2. Notification of urgent work

  3. Declaration of commercial competitive interest

  4. System indicators

  5. Disclosure of financial interests—assessment panels

Schedule 1—Definitions

Schedule 1A—Development that does not require development plan consent

  1. Preliminary

  2. Brush fences

Schedule 2—Additional acts and activities constituting development

Schedule 3—Acts and activities which are not development

A1Application of Schedule 3

  1. Advertising displays

  2. Council works

  3. Land division

  4. Sundry minor operations

  5. Use of land and buildings

  6. Special cemetery buildings

  7. Inground sewerage pumping stations

  8. Inground water valve chamber

  9. Certain building work outside council areas

  10. Dams

  11. Amalgamation of land

  12. Aerials, towers etc

  13. Railway activities

  14. Gas infrastructure

Schedule 3A—Colonel Light Gardens State Heritage Area

A1Application of Schedule 3A

  1. Advertising displays

  2. Council works

  3. Retirement units

  4. Sundry minor operations

  5. Use of land and buildings

  6. Painting

Schedule 4—Complying development

Part 1—Development plan

A1Application of Part 1

  1. Building works

  2. Building work—Detached dwellings—Out of council areas

  3. Special cemetery buildings

  4. Railway activities

Part 2—Building rules

  1. Application of Part 2

Schedule 4A—Development Act 1993—section 25(10)—certificate

Schedule 4B—Development Act 1993—section 25(14)(b)—certificate

Schedule 5—Requirements as to plans and specifications

  1. Plans for building work

  2. Requirements for development near the coast

2AStatement relating to electricity infrastructure

  1. Requirements for general land division applications for development approval (proposal plans)

  2. Requirement for complying divisions1

  3. Additional requirements for community plans

  4. Land division certificates (final plan)

6AActivities of environmental significance

  1. Water resources requirements

  2. Referrals with respect to River Murray Protection Areas

  3. Referrals with respect to the use of River Murray water within the Murray-Darling Basin

Schedule 6—Fees

Schedule 7—Provisions regulating the distribution of fees between authorities

  1. Interpretation

  2. Distribution of fees between a council and other authorities

  3. Distribution of fees between the Commission and councils

  4. Requirement for a return and method of payment

  5. Payments direct to the Development Assessment Commission

Schedule 8—Referrals and concurrences

  1. Interpretation

  2. Table

Schedule 9—Public notice categories

Part 1—Category 1 development

Part 2—Category 2 development

Part 3—General provision

Schedule 10—Decisions by Development Assessment Commission

  1. Areas of all councils

  2. Areas of all councils

2ACouncil development

  1. Metropolitan Hills Face Zone

3ACommercial forestry—prescribed areas

  1. East End Market

4AAdelaide Park Lands

4BCity of Adelaide—developments over $10m

  1. City of Port Adelaide Enfield—Port Adelaide Centre Zone

  2. City of Port Adelaide Enfield—Industry (Cast Metals) Zone

6ACity of Port Adelaide Enfield—Osborne Maritime Policy Area

  1. Mount Lofty Ranges Water Protection Area

  2. Conservation Zones or River Murray Zone (Conservation Policy Area)

  3. River Murray Zones

  4. West Beach Recreation Reserve

  5. Land Within Irrigation Areas

  6. Private Open Space

  7. Shopping Development

  8. City of Salisbury—MFP (The Levels) Zone

  9. Railways

  10. Show Grounds Zones

Schedule 10A—Notice—section 41(2) of the Development Act 1993

Schedule 12—Land division certificate

Schedule 12A—Building rules certification—major developments or projects

Schedule 13—Bodies excluded from the definition of State agency

Schedule 14—State agency development exempt from approval

Schedule 14A—Development involving electricity infrastructure exempt from approval

Schedule 15—Work that affects the stability of other land or premises

Schedule 16—Essential safety provisions

Schedule 17—Essential safety provisions—annual returns under regulation 76(5)

Schedule 18—Bushfire Protection Areas

Schedule 19—Certificates of occupancy

Schedule 19A—Statement of compliance

Schedule 20—Mining production tenements

  1. Adelaide and Environs

  2. The coast

  3. Other Areas

Schedule 21—Activities of environmental significance

  1. Petroleum and Chemical

  2. Manufacturing and Mineral Processing

  3. Waste Treatment

  4. Animal Husbandry, Aquaculture and Other Activities

  5. Food Production and Animal and Plant Product Processing

  6. Materials Handling and Transportation

  7. Other

Schedule 22—Activities of major environmental significance

Part A—Activities

  1. Petroleum and Chemical

  2. Manufacturing and Mineral Processing

  3. Waste Treatment and Disposal

  4. Activities in Specified Areas

  5. Animal Husbandry, Aquaculture and Other Activities

  6. Food Production and Animal and Plant Product Processing

  7. Materials Handling and Transportation

  8. Other

Part B—Listed wastes

Schedule 23—Private certifiers—professional indemnity insurance

Schedule 24—Development Act 1993—Division 3 Part 11—commercial competitive interest

Schedule 25—System indicators

Schedule 26—Register of interest—Primary return

Schedule 27—Register of interest—Ordinary return

Legislative history

Appendix—Divisional penalties and expiation fees

Part 1—Preliminary

1—Short title

These regulations may be cited as the Development Regulations 1993.

3—Interpretation

  1. In these regulations and in any Development Plan, the terms set out in Schedule 1 have, unless inconsistent with the context, or unless the contrary intention appears, the respective meanings assigned by that Schedule.

  2. Unless stated to the contrary, a term set out in Schedule 1 which purports to define a form of land use will be taken to include a use which is ancillary and subordinate to that defined use.

  3. Where the Building Code defines a term which is also set out in Schedule 1, then, to the extent of any inconsistency, the definition in the Building Code will prevail for the purposes of the Building Rules.

Note—

For definition of divisional penalties (and divisional expiation fees) see Appendix.

4—Adoption of Building Code

  1. Subject to these regulations, the Building Code is adopted by these regulations as part of the Building Rules.

  2. The Building Code is, for the purposes of its adoption by these regulations, modified in its application to a strata scheme under the Strata Titles Act 1988 or a community scheme under the Community Titles Act 1996 to the extent that a boundary—

    (a)between a unit and common property that consists of or includes a road, driveway, walkway or other thoroughfare, carpark, garden or open space adjoining the boundary with the unit; or

    (b)between two units, or between a unit and common property, where the units or the unit and common property (as the case may be) are within the one building,

    will be disregarded as a fire source feature for the purposes of determining requirements for fire-resistance of building elements.

  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).

  4. In this regulation—

    unit means a unit under the Strata Titles Act 1988 or a community lot under the Community Titles Act 1996.

5—Application of Act

  1. Pursuant to section 7 of the Act, sections 66, 67 and 68 of the Act (relating to the classification and occupation of buildings) do not apply to any Class 1 or 10 building under the Building Code which is not within the area of a council.

(1a)Pursuant to section 7(3) of the Act, section 33(1)(a) of the Act does not apply to development if, or to the extent to which, the development constitutes development within the ambit of Schedule 1A.

  1. Pursuant to section 7(3) of the Act, subsection (1)(d)(viia) of section 33 of the Act does not apply in respect of development that does not involve the creation of a new boundary—

    (a)that separates two or more sole occupancy units within an existing building; or

    (b)that bounds a public corridor within an existing building; or

    (c)that is within a prescribed separation distance from an existing building.

  2. Pursuant to section 7(3) of the Act, subsection (5) of section 33 of the Act applies, in respect of a development to which subsection (1)(d)(viia) of that section applies (taking into account the operation of subregulation (2)), on the basis that a reference to the Building Rules is a reference to Section C—Volume 1, and P 2.3.1—Volume 2, of the Building Code.

  3. In this regulation—

    prescribed separation distance, in relation to a building, means the separation distance that applies to the building under the Building Code for the purpose of determining requirements for fire-resistance of building elements under the Code;

    sole occupancy unit has the same meaning as in the Building Code.

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 the Development Assessment Commission may not issue a certificate in respect of the division under section 51 of the Act unless or until it is satisfied (in such manner as it thinks fit) that such compliance exists).

Part 2—Development

6—Additions to the definition of development

An act or activity in relation to land specified in Schedule 2 is declared to constitute development.

6A—Significant trees

  1. Subject to this regulation, the following are declared to constitute classes of significant trees for the purposes of paragraph (a) of the definition of significant tree in section 4(1) of the Act:

    (a)trees within the designated area that have a trunk with a circumference of 2.0 metres or more or, in the case of trees with multiple trunks, that have trunks with a total circumference of 2.0 metres or more and an average circumference of 625 millimetres or more, measured at a point 1.0 metres above natural ground level.

(1a)For the purposes of subregulation (1)(a), the designated area will be constituted by—

(a)the whole of Metropolitan Adelaide, other than—

(i)those parts of the area of the Adelaide Hills Council within the Extractive Industry Zone, the Public Purpose Zone or the Watershed (Primary Production) Zone in the Development Plan that relates to that area; and

(ii)those parts of the area of the City of Playford within the Watershed Zone or the Mount Lofty Ranges Rural Zone on the eastern side of the Hills Face Zone in the Development Plan that relates to that area; and

(b)any part of the area of the Adelaide Hills Council outside Metropolitan Adelaide that is within a Country Township Zone in the Development Plan that relates to that area; and

(c)the whole of the District Council of Mount Barker other than those parts of the area of the District Council of Mount Barker within the Industry (Kanmantoo) Zone, the Rural Watershed Protection Zone, the Rural (Mount Barker) Zone, the Rural (Kanmantoo) Zone or the Rural (Kondoparinga) Zone in the Development Plan that relates to that area.

(1b)For the purposes of subregulation (1)(a), the measurement of the circumference of the trunks of a tree with multiple trunks is to be undertaken on the basis of the actual circumference of each trunk and without taking into account any space between the trunks.

  1. Subregulation (1) does not apply to—

    (a)a tree that may not be cleared without the consent of the Native Vegetation Council under the Native Vegetation Act 1991; or

    (b)a tree belonging to a class of plants to which a declaration by the Minister under Chapter 8 Part 1 of the Natural Resources Management Act 2004 applies; or

    (c)a tree planted as part of a woodlet, orchard or other form of plantation created for the purpose of growing and then harvesting trees or any produce.

6B—Aboveground and inflatable pools

  1. Any work or activity involving the construction of an aboveground or inflatable swimming pool which is capable of being filled to a depth exceeding 300 millimetres is prescribed under paragraph (c) of the definition of building work in section 4(1) of the Act.

  2. However—

    (a)subregulation (1) does not apply if—

    (i)the swimming pool is being placed where, or approximately where, the pool, or another pool capable of being filled to a depth exceeding 300 millimetres, has been previously located within the last 2 years; and

    (ii)the placing of the pool, or another pool, at that location (or approximately that location)—

    (A)has been previously granted development approval under the Act, other than where any safety features required on account of that approval have been removed; or

    (B)occurred before the commencement of this regulation, other than where the pool that was previously so located did not incorporate a filtration system; and

    (b)subregulation (1) applies subject to any exclusions from the ambit of the definition of development under Schedule 3 or3A.

  3. In this regulation—

    swimming pool includes—

    (a)a paddling pool; and

    (b)a spa pool (but not a spa bath).

7—Exclusions from the definition of development

  1. Subject to this regulation, an act or activity specified in Schedule 3 is excluded from the ambit of the definition of development.

  1. An exclusion is subject to any condition or limitation prescribed by Schedule 3 for the relevant act or activity.

  2. An exclusion under Schedule 3 does not apply in respect to a State heritage place.

  3. An exclusion under Schedule 3 does not apply in respect of any work involving any repair to, or alteration or restoration of, a building that would cause the building not to comply with the Building Rules.

  4. Nothing in this regulation or Schedule 3 affects the operation of Schedule 3A.

7A—Exclusions from the definition of development—Colonel Light Gardens State Heritage Area

  1. Subject to this regulation, an act or activity specified in Schedule 3A in respect of the Colonel Light Gardens State Heritage Area is excluded from the ambit of the definition of development.

  2. An exclusion is subject to any condition or limitation prescribed by Schedule 3A for the relevant act or activity.

  3. An exclusion under Schedule 3A does not apply in respect of any work involving any repair to, or alteration or restoration of, a building that would cause the building not to comply with the Building Rules.

  4. For the purposes of this regulation and Schedule 3A, the Colonel Light Gardens State Heritage Area is the State Heritage Area known as Mitcham (City) State Heritage Area (Colonel Light Gardens), established by the Development Plan that relates to the area of the City of Mitcham.

8—Complying development

  1. Pursuant to section 35 of the Act (but subject to subregulation (3)), any form of development specified in Part 1 of Schedule 4 is a complying development in respect of a Development Plan.

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

  1. Pursuant to section 36 of the Act (but subject to subregulation (3)), any form of building work specified in Part 2 of Schedule 4 is declared to comply with the Building Rules.

  2. No development which affects a State heritage place can constitute a complying development in respect of a Development Plan or building work that complies with the Building Rules.

Part 3—Development plans

9—Statement of Intent

  1. Pursuant to section 25 of the Act, a Statement of Intent in respect of a proposed amendment to a Development Plan must include the following matters:

    (a)Scope—an explanation of the reasons for the preparation of the amendment, and a description of the changes in circumstances leading to the need for amendment and the range of issues to be addressed in the DPA;

    (b)Planning Strategy Policies—an identification of relevant Planning Strategy policies identified by the Minister and a statement confirming that the DPA will be consistent with those policies;

    (c)Minister's Policies—an identification of any policies relevant to the amendment that apply under or by virtue of section 25(5), 26 or 29 of the Act, and a statement confirming that those policies will only be changed in a way that ensures consistency with the Planning Strategy;

    (d)Council Policies—an indication of how the policy issues proposed to be addressed by the amendment relate to the latest report of the council under section 30 of the Act, relevant infrastructure planning (as identified under section 25(3)(d) of the Act), relevant council wide policies, local planning issues, any other DPA that may be current, and relevant policies in the Development Plans for adjoining areas;

    (e)Policy Library—an identification of any objectives or principles under section 24(1)(da)(ii) of the Act that are relevant in the circumstances, a statement confirming that the latest version of any such objectives or principles will be used, and a statement that additional policies will be clearly identified and justified;

    (f)Investigations—an outline of the investigations that will be undertaken and the form that those investigations will take in order to address the strategic and social, economic and environmental issues of the proposed amendment;

    (g)Agency Consultation—a list of the Ministers, government Departments or agencies, and councils, that will be consulted during the investigation and consultation stages;

    (h)Public Consultation—a description of the public consultation (including the consultation required under the Act or by these regulations) that is proposed to be undertaken during the investigation and consultation stages;

    (i)Process—an indication of the process that is proposed under section 25(6) of the Act and an explanation as to why the proposed process is considered to be the most appropriate;

    (j)Planning Procedures—the identification of the personnel who will provide professional advice to the council on the DPA for the purposes of section 25(4) and (13)(a) of the Act, and a statement confirming that no one directly involved in the preparation of the DPA has a conflict of interest;

    (k)Document Production—

    (i)an indication of the means by which the existing and proposed policies will be shown in accordance with section 25(3)(c)(iii) of the Act; and

    (ii)an outline of the nature and extent of the responsibility of officers and consultants in relation to the preparation of the draft text and maps so that such items can easily be consolidated into the Development Plan if the amendment is approved;

    (l)Timetable—an outline of the proposed timetable for each step of the process (ensuring that the program is completed within reasonable time limits and including specific periods for the purposes of paragraphs (a), (b) and (c) of section 25(19) of the Act), and a commitment on the part of the council that the council will take steps to update this timetable if it appears at any stage that the council will require an extension.

  2. If or when agreement is reached with the Minister on a Statement of Intent that includes a proposal for an amendment to a part of the Development Plan that forms a part of a set of standard policy modules for the purposes of the Act, it will be taken that the Minister has provided a relevant authorisation under section 25(5) of the Act.

9AA—Infrastructure planning

  1. Pursuant to section 25(3)(d) of the Act, the council must, in preparing the DPA, to the extent (if any) required by the Statement of Intent, seek the advice of a Minister, and any other government agency, specified by the Minister as part of the agreement on the Statement of Intent.

  2. The advice must be sought in a manner and form agreed under the Statement of Intent.

9A—Consultation with the Minister for the River Murray

  1. The following is prescribed under section 24(5) of the Act with respect to consultation with the Minister for the River Murray:

    (a)the Minister is to consult with the Minister for the River Murray before the Minister gives any relevant approval under section 25(15) or 26(8) of the Act;

    (b)the Minister should, for the purposes of the consultation under paragraph (a), furnish to the Minister for the River Murray—

    (i)in the case of an amendment being considered under section 25 of the Act—a copy of the report provided by the council under subsection (13)(a) of that section;

    (ii)in the case of an amendment being considered under section 26 of the Act—a summary of any submission made for the purposes of that section;

    (c)subject to any extension or steps taken in the manner envisaged by section 24(6) of the Act, the period of 10 business days is prescribed under section 24(5) of the Act for the purposes of the consultation with the Minister for the River Murray under paragraph (a) of this regulation.

  2. Consultation need not occur under subregulation (1) if the Minister for the River Murray has indicated that he or she does not need to be consulted before a relevant approval is given under section 25(15) or 26(8) of the Act (as the case may be).

10—Consultation with government Departments or agencies

  1. Unless otherwise determined by the Minister, a council subject to a requirement under section 25(7)(a) of the Act must ensure that a copy of any written report received from a Department or agency is furnished to the Minister for the purposes of considering the matter under section 25(7)(b) of the Act.

  2. For the purposes of sections 25(7)(a) and 26(5)(a) of the Act, the period of 6 weeks is prescribed.

10A—Prescribed certificate of CEO—Section 25

For the purposes of section 25(10) of the Act, a certificate of the chief executive officer of a council must—

(a)be in the form of Schedule 4A; and

(b)form part of the DPA.

11—Public consultation—Sections 25 and 26

  1. For the purposes of sections 25 and 26 of the Act, public notice of a DPA must be given by publication in the designated manner of a notice—

    (a)advising the time and places at which the DPA is available for inspection (without charge) and purchase by the public; and

    (b)inviting any interested person to make written submissions on the amendment—

    (i)where the amendment has been prepared by a council—to the council;

    (ii)where the amendment has been prepared by the Minister—to the Advisory Committee, or to a committee specifically appointed by the Minister for the purposes of the amendment,

    within the relevant period specified in the notice; and

    (c)stating that the submissions will be available for inspection by any interested person at a place specified in the notice from the expiration of the period specified under paragraph (b), until the conclusion of any public hearing held for the purposes of section 25(11)(b) or 26(5c)(b) of the Act (or, if no such meeting is to be held, until the decision is made not to hold the meeting); and

    (d)providing information about when and where any public meeting is proposed to be held for the purposes of section 25(11)(b) or 26(5c)(b) of the Act (subject to a decision being made under the relevant section not to hold a meeting).

  2. The notices required under subregulation (1) will be published—

    (a)where the amendment has been prepared by a council—by the council;

    (b)where the amendment has been prepared by the Minister—by the Advisory Committee, or by the committee referred to in subregulation (1)(b)(ii).

  3. If 1 or more written submissions are made in response to a notice published under subregulation (1), a copy of each submission must be made available for inspection in accordance with the statement included under subregulation (1)(c).

  4. For the purposes of sections 25(9)(c) and 26(5B)(c) of the Act, the written notice must include the same information required for a notice under subregulation (1).

  5. A council must ensure that a copy of any DPA released for public consultation under section 25 of the Act is provided to the Minister within 2 business days after that release.

  6. For the purposes of subregulation (1), the designated manner for giving public notice of a DPA is—

    (a)by publication of the notice in the Gazette; and

    (b)in the case of a DPA under section 25 of the Act—

    (i)unless subparagraph (ii) applies—by publication of the notice in a newspaper circulating generally throughout the State; or

    (ii)if the Statement of Intent provides a form of publication as an alternative to publication in the manner contemplated by subparagraph (i)—by publication in a manner specified in the Statement of Intent; and

    (c)in the case of a DPA under section 26 of the Act—by publication of the notice in a newspaper circulating generally throughout the State.

12—Public meeting

  1. This regulation applies to a public meeting held under section 25(11)(b) or 26(5c)(b) of the Act.

  2. The public meeting must be convened by—

    (a)where the amendment has been prepared by a council—the council (or a committee appointed by the council);

    (b)where the amendment has been prepared by the Minister—by the Advisory Committee (or a subcommittee appointed by the Advisory Committee), or by the committee referred to in regulation 11(1)(b)(ii).

  3. Any interested person may appear at the public meeting and make representations on the proposed amendment or any submission on the amendment.

  4. A public meeting may, in an appropriate case, be adjourned from time to time and, if necessary or appropriate, from place to place.

13—Council report

  1. A report by a council to the Minister under section 25(13)(a) of the Act must be accompanied by—

    (a)a copy of each report or written submission on the amendment from a government Department or agency, or from the public, received by the council under the Act or these regulations;

    (b)if an alteration to the amendment is proposed by the council—a copy of the amendment as altered.

  2. For the purposes of section 25(14)(b) of the Act, a certificate of the chief executive officer of a council must be in the form of Schedule 4B.

  3. A certificate of the chief executive officer under subregulation (2) must form part of the report by the council under section 25(13)(a) of the Act.

14—Prescribed plans etc

The following documents are prescribed for the purposes of section 29(1)(b) of the Act:

(a)a coastal management plan (or part of a coastal management plan) approved by the Governor under the Coast Protection Act 1972;

(b)an environment protection policy (or part of an environment protection policy) under the Environment Protection Act 1993;

(c)a management plan (or part of a management plan) for a park or reserve adopted under the National Parks and Wildlife Act 1972;

(d)the list or amendment to the list of places entered, either on a provisional or permanent basis, in the State Heritage Register under the Heritage Act 1993;

(e)any regulation relating to the development of land under the Electricity Act 1996;

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

(fa)an aquiculture policy under the Aquiculture Act 2001;

(g)the State Water Plan or a plan prepared under Part 7 of the Water Resources Act 1997 (or a part of any such plan);

(h)an NRM plan prepared under Chapter 4 of the Natural Resources Management Act 2004 (or a part of any such plan).

Part 4—Applications for development approval

15—Application to relevant authority

  1. Subject to these regulations, an application in relation to a proposed development for the purposes of sections 32 and 33 of the Act—

    (a)must be lodged with the council for the area in which the proposed development is to be undertaken; and

    (b)must be in a form which complies with the requirements of section 39(1) of the Act and include the particulars required to be supplied by that form; and

    (c)must be accompanied by three copies of the plans, drawings, specifications and other documents and information relating to the proposed development (or such additional or lesser number of copies as the relevant authority may require) required under Schedule 5 (and prepared in accordance with the requirements of that Schedule).

  2. The fees payable in relation to the application are prescribed by Schedule 6.

  3. Subregulations (1) and (2) are subject to the following qualifications:

    (a)where an application seeks a consent for some, but not all, of the relevant matters referred to in section 33 of the Act, the application must be adjusted accordingly and the plans, drawings, specifications and other documents and information, and the fees, must accord with Schedules 5 and 6 to such extent as may be appropriate to the matters for which consent is sought; and

    (b)where—

    (i)the application relates to a proposed development that involves the division of land; or

    (ii)the proposed development is to be undertaken by a council and the Development Assessment Commission is the relevant authority pursuant to clause 2A of Schedule 10; or

    (iii)the proposed development is to be undertaken in a part of the State that is not (wholly or in part) within the area of a council,

    the application must be lodged with the Development Assessment Commission instead of with a council; and

    (c)where the application relates to a proposed development that involves the division of land—the application must be accompanied by nine copies of the appropriate plans, drawings, specifications and other documents and information (or such additional or lesser number of copies as the Development Assessment Commission may require) required under Schedule 5 (prepared in accordance with the requirements of that Schedule).

(3a)If an application is lodged with a council but a regional development assessment panel is the relevant authority, the council must—

(a)retain one copy of the application, and one copy of any plans, drawings, specifications and other documents and information accompanying the application; and

(b)forward the application, together with the remaining copies of the plans, drawings, specifications and other documents and information, to the appropriate person acting on behalf of the regional development assessment panel.

  1. If an application is lodged with a council but the Development Assessment Commission is the relevant authority, the council must—

    (a)retain one copy of the application, and one copy of any plans, drawings, specifications and other documents and information accompanying the application; and

    (b)forward the application, together with the remaining copies of the plans, drawings, specifications and other documents and information, and a written acknowledgment that the appropriate fees have been paid, to the Development Assessment Commission within five business days after their receipt by the council.

  2. If an application relates to a proposed development that involves the division of land, the Development Assessment Commission must forward to the council in whose area the development is situated—

    (a)a copy of the application; and

    (b)three copies of the plans, drawings, specifications and other documents and information accompanying the application; and

    (c)a written acknowledgment that the appropriate fees have been paid,

    within five business days after their receipt by the Development Assessment Commission under subregulation (3).

(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 will be taken to have complied with subregulation (5) by providing the council with electronic access to the relevant documents and information via the Internet within the time specified under that subregulation, unless the council indicates, in such manner as may be determined by the Development Assessment Commission, that it wishes to receive written documentation instead.

  1. Pursuant to section 54(2)(c) of the Act, the period of four weeks from the commencement of the relevant work, or such longer period as a relevant authority may allow, is prescribed.

(6a)Pursuant to section 54A(2)(c) of the Act, the period of four weeks from the performance of the relevant tree-damaging activity, or such longer period as a relevant authority may allow, is prescribed.

  1. Notwithstanding a previous subregulation, where an application relates to a proposed development that involves the division of land in the Golden Grove Development Area which is complying development in respect of the Development Plan—

    (a)the application must be lodged with the council for the area in which the proposed development is to be undertaken (instead of with the Development Assessment Commission); and

    (b)the application must be accompanied by three copies of the appropriate plans, drawings, specifications and other documents or information (or such additional or lesser number of copies as the council may require) required under Schedule 5; and

    (c)the council must forward to the Development Assessment Commission within five business days after receipt by the council—

    (i)a copy of the application; and

    (ii)a copy of the plans, drawings, specifications and other documents or information accompanying the application.

  1. The relevant authority may, in an appropriate case, dispense with or modify the requirements of Schedule 5 in relation to a particular application.

16—Nature of development

  1. If an application will require a relevant authority to assess a proposed development against the provisions of a Development Plan, the relevant authority must determine the nature of the development, and proceed to deal with the application according to that determination.

  2. If the relevant authority is of the opinion that an application relates to a kind of development that is described as non-complying under the relevant Development Plan, and the applicant has not identified the development as such, the relevant authority must, by notice in writing, inform the applicant of that fact.

17—Non-complying development

  1. Where a person applies for consent in respect of a Development Plan for a non-complying development, the applicant must provide a brief statement in support of the application.

  2. If the statement required under subregulation (1) is not provided at the time that the application is made, any period between the date of a request by the relevant authority for the provision of the statement and the date on which the statement is provided is not to be included in the time within which the relevant authority is required to decide the application under these regulations.

  3. A relevant authority may, after receipt of an application which relates to a kind of development that is described as a non-complying development under the relevant Development Plan—

    (a)refuse the application pursuant to section 39(4)(d) of the Act, and notify the applicant accordingly; or

    (b)resolve to proceed with an assessment of the application.

  4. If a relevant authority resolves to proceed with an assessment of the application, the relevant authority must, before giving any notice required under section 38(4) or (5) of the Act, obtain from the applicant a statement of effect under section 39(2)(d) of the Act.

  5. The statement of effect must include—

    (a)a description of the nature of the development and the nature of its locality; and

    (b)a statement as to the provisions of the Development Plan which are relevant to the assessment of the proposed development; and

    (c)an assessment of the extent to which the proposed development complies with the provisions of the Development Plan; and

    (d)an assessment of the expected social, economic and environmental effects of the development on its locality; and

    (e)any other information specified by the relevant authority when it resolves to proceed with an assessment of the application (being information which the relevant authority reasonably requires in the circumstances of the particular case),

    and may include such other information or material as the applicant thinks fit.

  6. A statement of effect is not required if the proposed development consists (wholly or substantially) of—

    (a)the alteration of a building; or

    (b)the construction of a new building which is to be used in a manner which is ancillary to, or in association with, the use of an existing building and which would facilitate the better enjoyment of the existing use of the existing building; or

    (c)the division of land where the number of allotments to result from the division is equal to or less than the number of existing allotments,

    and the relevant authority considers that the proposed development is of a minor nature.

18—Notification of application for tree-damaging activity to owner of land

If an owner of land to which an application for a tree-damaging activity in relation to a significant tree relates is not a party to the application, the relevant authority must—

(a)give the owner notice of the application within five business days after the application is made; and

(b)give due consideration in its assessment of the application to any submissions made by the owner within a reasonable time after the giving of notice under paragraph (a).

19—Period for additional information and other matters

If a request is made by a relevant authority under section 39(2) of the Act, the request must, pursuant to section 39(3)(b) of the Act, be complied with by the applicant within the period of three months from the date of the request.

20—Amended applications

  1. If a relevant authority permits an applicant to vary an application under section 39(4) of the Act, the date of receipt of the application as so varied (together with any amended plans, drawings, specifications or other documents or information, and appropriate fee) will, for the purposes of the time limits prescribed in Part 8, be taken to be the date of receipt of the application.

(1a)However, subregulation (1) does not apply if the relevant authority is of the opinion that the variations to the application are not substantial.

  1. If a variation relates (wholly or in part) to a proposed division of land (other than in the Golden Grove Development Area), a copy of any plans, as amended, must be lodged with the Development Assessment Commission.

  2. If an application is varied following referral under Part 5 or giving of notice under Part 6, the relevant authority may, if it is of the opinion that the variations are not substantial, consider the application without the need to repeat an action otherwise required under Part 5 or 6.

  3. If a variation would change the essential nature of a proposed development (as referred to in section 39(4)(a) of the Act), the relevant authority and the applicant may, by agreement, proceed with the variation on the basis that the application (as so varied) will be treated as a new application under these regulations.

21—Certification of building indemnity insurance

  1. In this regulation—

    certificate of insurance, in relation to domestic building work, means the certificate required under Division 3 of Part 5 of the Building Work Contractors Act 1995 evidencing the taking out of a policy of insurance in accordance with that Division in relation to that work;

    domestic building work means building work—

    (a)that constitutes domestic building work performed by a building work contractor under a domestic building work contract or on the building work contractor's own behalf under the Building Work Contractors Act 1995; and

    (b)in relation to which a policy of insurance is required to be taken out in accordance with Division 3 of Part 5 of that Act.

  2. The owner of land on which domestic building work is to be performed must ensure that a copy of a certificate of insurance in relation to that work is lodged with the relevant authority—

    (a)—

    (i)where a domestic building work contract for that building work has been entered into before the lodgment of an application for building rules consent under section 33(1)(b) of the Act; or

    (ii)where the domestic building work is to be performed by a builder on the builder's own behalf,

    at the same time as the application for building rules consent is lodged under these regulations;

    (b)in any other case—on or before the giving of notice of commencement of the building work under regulation 74.

  3. A person must not commence domestic building work unless or until a copy of a certificate of insurance in relation to that work has been lodged in accordance with subregulation (2).

22—Withdrawal of application

If an application is withdrawn by the applicant under section 39(9) of the Act, the relevant authority must notify—

(a)any agency to which the application has been referred under Part 5; and

(b)any person who has made a representation in relation to the application under Part 6,

of the withdrawal.

22A—Applications extending beyond two years

  1. A relevant authority may lapse an application for a development authorisation under Part 4 of the Act if at least two years have passed since the date on which the application was lodged with the relevant authority under the Act.

  2. A relevant authority must, before it takes action to lapse an application under subregulation (1)—

    (a)take reasonable steps to notify the applicant of the action under consideration; and

    (b)allow the applicant a reasonable opportunity to make submissions to the relevant authority (in a manner and form determined by the relevant authority) about the proposed course of action.

  3. An applicant is not entitled to a refund of any fees if an application is lapsed under this regulation.

  4. If—

    (a)an application relates to a Category 2 or 3 development; and

    (b)at least two years have passed since the date on which notice of the application was given under section 38(4)(a) or (5)(c) of the Act (as the case may be),

    the relevant authority must not give its consent unless a new notice of the application has been given under section 38(4) or (5) of the Act.

23—Contravening development

  1. An application for consent or approval may be made under these regulations notwithstanding that the development has been commenced or undertaken, or is continuing, in contravention of the Act.

  2. Subject to section 85(14) of the Act, a relevant authority which has received an application under these regulations may, by notice in writing to the applicant, decline to deal with the application until any proceedings under the Act have been concluded.

Part 5—Referrals and concurrence

24—Referrals

  1. Pursuant to section 37 of the Act, where an application for consent or approval relates to a development that falls within a class of development prescribed under Schedule 8, the relevant authority—

    (a)must refer the application, together with a copy of any relevant information provided by the applicant, to the relevant body prescribed under Schedule 8; and

    (b)must not make its decision until it has received a response from that body in relation to the matter or matters for which the referral was made (but if a response is not received from the body within the period prescribed by Schedule 8, it will be presumed, unless the body notifies the relevant authority within that period that the body requires an extension of time because of section 37(3) of the Act, that the body does not desire to make a response, or concurs (as the case requires)).

  2. Subregulation (1) is subject to the qualifications that a referral under that subregulation will only relate to whether a development plan consent should be granted and that where an application for development plan consent is referred to a prescribed body in accordance with the requirements of Schedule 8, the relevant authority is not required, subject to subregulation (3), to refer to that body a further application for any other consent required for the approval of the same proposed development (and no further response is required from that body).

  3. Subregulation (2) does not extend to an application which is relevant to a matter that has been reserved for further consideration by the prescribed body.

  4. A prescribed body must, within five business days after making a request under section 37(2) of the Act, notify the relevant authority of the request (and, in so doing, provide reasonable information about what has been requested).

25—Procedure where concurrence required

Where a relevant authority must seek the concurrence of another body under the Act or these regulations prior to issuing a consent or approval under the Act, the relevant authority—

(a)must first comply with the requirements of this Part and Schedule 8 to the extent that the application must be referred to another body or bodies for report or directions (but not concurrence), and with the requirements of Part 6 (insofar as they are relevant to the particular application); and

(b)must then forward to the body from which the concurrence is required—

(i)a copy of the application, together with any plans, drawings, specifications or other documents or information submitted by the applicant; and

(ii)a copy of any report received from another body under the Act or these regulations which may be relevant to the body's decision; and

(iii)a copy of any written submissions or representations received by the relevant authority under section 38 of the Act; and

(iv)if a statement of effect has been prepared—a copy of that statement; and

(v)a copy of any report which has been obtained from a person under Part 15 of these regulations; and

(vi)a copy of the conditions (if any) that the relevant authority proposes to attach to its approval (if given).

26—Form of response

  1. Two or more prescribed bodies may provide a joint response for the purposes of section 37 of the Act.

  2. Subject to subregulation (3), a response for the purposes of section 37 of the Act must be made in writing (but may, at the discretion of the prescribed body, be provided to the relevant authority by facsimile transmission).

  3. A prescribed body which has no comment on an application referred to it under section 37 of the Act may make its response orally (and that response must then be noted on the relevant file).

27—Additional information or amended plans

  1. If a relevant authority has referred an application to a prescribed body under this Part and the relevant authority subsequently receives additional information, or an amended plan, drawing or specification, which is materially relevant to the referral, or to any report obtained as part of the referral process, it may repeat the referral process, and must do so if it appears that the additional information or amendment is significant.

  2. Any action taken by a prescribed body as a result of additional information, or a plan, drawing or specification, received under subregulation (1) will, to the extent of any inconsistency with any previous action taken by the prescribed body, override that previous action.

27A—Special provision relating to River Murray

  1. If an application for the consent or approval of a proposed development must be referred under Schedule 8 to the Minister for the time being administering the River Murray Act 2003, that Minister—

    (a)must, in considering the application, take into account any matter raised by another Minister or other authority responsible for, or involved in, the administration of a related operational Act that is provided to that Minister in response to the referral of the application by that Minister to the other Minister or authority for comment and that is provided to that Minister within a period specified by that Minister; and

    (b)may, in providing a response to the relevant authority under section 37 of the Act, make that response on the basis of a matter referred to in paragraph (a).

  2. In this regulation—

    related operational Act means a related operational Act under the River Murray Act 2003.

28—Special provision relating to fire authorities

  1. If relevant authority, in assessing an application for building rules consent, considers that—

    (a)a proposed alternative solution within the meaning of the Building Code requires assessment against a performance requirement of the Building Code which provides for fire fighting operations of a fire authority; or

    (b)the proposed development is at variance with a performance requirement of the Building Code which provides for fire fighting operations of a fire authority; or

    (c)special problems for fire fighting could arise due to hazardous conditions of a kind described in Section E of the Building Code,

    then the relevant authority must refer the application to the relevant fire authority for comment and report unless the fire authority indicates to the relevant authority that a referral is not required.

  2. If a report is not received from the fire authority on a referral under subregulation (1) within 20 business days, the relevant authority may presume that the fire authority does not desire to make a report.

  3. The relevant authority must have regard to any report received from a fire authority under this regulation.

  4. A relevant authority must provide to the Building Rules Assessment Commission a copy of any report received from a fire authority under subregulation (1) that relates to an application that is referred to the Building Rules Assessment Commission under the Act.

29—Land division applications

  1. If a council or a regional development assessment panel is the relevant authority for an application which relates to a proposed development that involves the division of land, other than where the division of land is complying development in respect of the Development Plan in the Golden Grove Development Area, the council or regional development assessment panel (as the case may be) must not, subject to subregulation (2), make a decision on the application until it has received a report from the Development Assessment Commission in relation to the matters under section 33(1) (as relevant).

  2. If a report is not received from the Development Assessment Commission within eight weeks from the day on which the application is lodged with the Development Assessment Commission under regulation 15, or within such longer period as the Development Assessment Commission may require by notice in writing to the relevant authority, it may presume that the Development Assessment Commission does not desire to make a report.

  3. The Development Assessment Commission may, in relation to an application which relates to a proposed development that involves the division of land, consult with any other agency and may impose a time limit of four weeks for a response from that agency.

30—Underground mains areas

  1. If a council considers that an area should be declared an underground mains area, the council may seek a report from the relevant electricity authority in relation to the matter.

  2. Subject to subregulation (3), the council may, after having received and considered a report from the electricity authority, declare the area as an underground mains area.

  3. If any land within, or partly within, the proposed area is, at the time that a report is sought under subregulation (1), the subject of an application for division under the Act, and the council at the time that the report is sought gives notice of the application to the electricity authority, the council may presume that the electricity authority does not desire to make a report if a report is not received within eight weeks from the day on which the council makes its request for the report.

  4. If an application relates to a proposed development that involves the division of land within, or partly within, an underground mains area (even if the area is declared as such after the application is lodged with the relevant authority), a relevant authority may require, as a condition on its decision on the application, that any electricity mains be placed underground.

  5. In this regulation—

    relevant electricity authority, in relation to an area, means a person who is authorised to operate an electricity mains in the area pursuant to a licence under the Electricity Act 1996 or an exemption from the requirement to hold such a licence.

31—Appeals

  1. Pursuant to section 37(5) of the Act, no appeal lies against a condition imposed by a relevant authority pursuant to a direction by the Commissioner of Highways under items 2 or 3 of the table in clause 2 of Schedule 8.

  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.

31A—Preliminary advice and agreement—section 37AA

  1. In this regulation—

    prescribed body means a prescribed body under section 37 of the Act.

  2. An application to a prescribed body for the purposes of section 37AA of the Act—

    (a)must be made in a form determined by the Minister for the purposes of this regulation (being a form published by the Minister in the Gazette); and

    (b)must be accompanied by such plans, drawings, specifications or other documents as may be determined by the Minister in publishing a form under paragraph (a).

  1. For the purposes of section 37AA(2)(c) of the Act, an agreement of a prescribed body—

    (a)must be in writing endorsed and stamped by the prescribed body; and

    (b)must be accompanied by such plans, drawings, specifications or other documents submitted under subregulation (2)(b) that are relevant to the agreement, being documents endorsed and stamped by the prescribed body.

  2. For the purposes of section 37AA(3)(a) of the Act, the prescribed fee is equal to the fee that would be payable under Schedule 6 for a referral to a prescribed body had the application been for development plan consent rather than under section 37AA of the Act.

  3. If an applicant for development plan consent proposes to rely on an agreement under section 37AA of the Act, the applicant must ensure that the application lodged under regulation 15 is accompanied by copies of the agreement and other documents endorsed and stamped under subregulation (3) (with the number of copies being equal to the number that applies under regulation 15 for the other documents that are required to accompany the application under that regulation).

  4. If—

    (a)a relevant authority permits an applicant to vary an application under section 39(4) of the Act; and

    (b)the relevant authority determines that the application no longer accords with the agreement indicated by the prescribed body,

    then the application must (unless withdrawn) be referred to the prescribed body—

    (c)to obtain a variation to the agreement under section 37AA of the Act; or

    (d)to obtain a response from the prescribed body for the purposes of section 37 of the Act (and the requirements of that section, and these regulations in relation to such a referral, other than for the payment of a fee under Schedule 6, will then apply).

  5. If—

    (a)an application is withdrawn by the applicant; and

    (b)the applicant sought to rely on an agreement under section 37AA of the Act in connection with the application,

    the relevant authority must notify the relevant prescribed body of the withdrawal.

  6. If—

    (a)an application is lapsed by a relevant authority under regulation 22A; and

    (b)the applicant sought to rely on an agreement under section 37AA of the Act in connection with the application,

    the relevant authority must notify the relevant prescribed body of the lapsing.

  7. If—

    (a)an applicant seeks to rely on an agreement under section 37AA of the Act in connection with the application; and

    (b)a notice of a decision on the application is issued by the relevant authority under regulation 42,

    the relevant authority must send a copy of the notice to the prescribed body within 5 business days after the notice is given to the applicant under regulation 42.

Part 6—Public notice and consultation

32—Public notice categories1

  1. Subject to subregulation (2), the various forms of development specified in Part 1 of Schedule 9 are assigned to Category 1 for the purposes of section 38 of the Act.

  2. The assignment of various forms of development to Category 1 does not extend to developments that involve, or are for the purposes of, any activity specified in Schedule 22, other than where the development is, in the opinion of the relevant authority, of a minor nature.

  3. The following forms of development are assigned to Category 2 for the purposes of section 38 of the Act:

    (a)the various forms of development specified in Part 2 of Schedule 9; and

    (b)developments that involve, or are for the purposes of, any activity specified in Schedule 22 and that would, but for subregulation (2), be assigned to Category 1.

  4. Each clause of Schedule 9 is to be read separately so as to constitute a distinct assignment to a relevant category that should not be taken as being subject to satisfying any other clause of the relevant part of the Schedule.

  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.

Note—

1Pursuant to section 38 of the Act, the assignment by these regulations of a form of development to Category 1 or Category 2 is subject to any assignment provided by the relevant Development Plan.

33—Giving of notice

  1. Any notice required under section 38(4) or (5) of the Act must—

    (a)describe the nature of the proposed development; and

    (b)identify the land on which the development is proposed; and

    (c)where applicable, state that the proposed development is a non-complying development under the relevant Development Plan; and

    (d)indicate where and when the relevant application may be inspected, and with whom, and the time by which, any relevant representations may be lodged.

  2. A notice under section 38(5)(c) of the Act may be given by publishing a copy of the notice in a newspaper circulating generally throughout the area of the State in which the relevant land is situated on at least one occasion.

34—Public inspection of certain applications

  1. For the purposes of section 38 of the Act, the relevant authority must, in respect of any application for consent in respect of the Development Plan for a Category 2 or 3 development, ensure that copies of—

    (a)the application; and

    (b)any supporting plans, drawings, specifications or other documents or information provided to the relevant authority under section 39 of the Act; and

    (c)if applicable, any statement of effect that has been prepared in accordance with these regulations,

    are reasonably available for inspection (without charge) by the public at the principal office of the relevant authority for the period commencing on the day on which notice of the application is first given under these regulations and ending on a day by which written representations must be lodged under regulation 35.

  2. The relevant authority must, pursuant to a request made within the period that applies under subregulation (1), on payment of a fee fixed by the relevant authority, provide to a member of the public a copy of any document or information available for inspection under subregulation (1).

(2a)A person who makes a request under subregulation (2) must, at the time of making the request, provide to the relevant authority the following information, namely his or her name, address and contact details, and must, at the request of the relevant authority, verify this information in such manner as the relevant authority thinks fit.

  1. Subregulations (1) and (2) are subject to the following qualifications:

    (a)the relevant authority is not required to make available any plans, drawings, specifications or other documents or information which relate to the assessment of the proposed development against the Building Rules and which are not reasonably necessary for determining whether development plan consent should be granted; and

    (b)the relevant authority is not required to make available any plans, drawings, specifications or other documents or information if to do so would, in the opinion of the relevant authority, unreasonably jeopardise the present or future security of a building.

35—Lodging written representations

Pursuant to section 38(7) of the Act—

(a)a representation under section 38 of the Act must be lodged with the relevant authority within 10 business days after the day on which notice of the application is given for the purposes of section 38(4) or (5) of the Act (or, if public notice is given under section 38(5)(c) of the Act, within 10 business days after the day on which a copy of the notice is published in a newspaper under these regulations) (and any representation lodged after any such period cannot be taken to constitute a representation for the purposes of section 38(12) of the Act); and

(b)a representation must include the name and address of the person (or persons) who are making the representation; and

(c)if a representation is being made by two or more persons, the representation should nominate a person who will be taken to be making the representation for the purposes of any subsequent step or proceedings under section 38 of the Act (and if no such nomination is made, it will be taken that the first person named in, or otherwise identified by, the representation as being a party to the representation is nominated as the person who will be taken to be making the representation for the purposes of any such subsequent step or proceedings); and

(d)a representation must set out, with reasonable particularity, the reasons for the representation; and

(e)a representation must indicate whether or not the person or persons who are making the representation desire, subject to section 38 of the Act, to be heard by the relevant authority.

36—Response by applicant

  1. Pursuant to section 38(8) of the Act, a response to a representation must be made by the applicant within 10 business days after the relevant material is forwarded to the applicant, or within such longer period as the relevant authority may allow.

  2. An extension of time allowed by the relevant authority under subregulation (1) is not to be included in the time within which the relevant authority is required to decide the relevant application under these regulations.

37—Notice of hearing of submissions

If pursuant to section 38(10) or (11) of the Act a person is to be allowed to appear personally or by representative before a relevant authority to be heard on a representation, or to respond to any matter, the relevant authority must, unless the person otherwise agrees, give the person at least five business days notice of the place and time at which the person should appear.

Part 7—Assessment of developments by the Commission

38—Determination of Commission as relevant authority

  1. Pursuant to section 34(1)(b)(i) and (ii) of the Act, the Development Assessment Commission is the relevant authority in respect of any development of a class specified in Schedule 101.

  2. If the Development Assessment Commission is the relevant authority under section 34(1)(b) of the Act—

    (a)in a case where the Minister has made a declaration under section 34(1)(b)(iii) or (vi) of the Act—

    (i)the relevant council or regional development assessment panel (as the case may be) must forward to the Development Assessment Commission any application received by the council or regional development assessment panel under the Act and these regulations in relation to the matter, together with any accompanying documentation or information and, as appropriate, fees, within five business days after receipt of a copy of the notice of the Minister's declaration; and

    (ii)the Development Assessment Commission may, as it thinks fit—

    (A)adopt any act or decision of the council or regional development assessment panel in relation to the assessment of the application (including an act or decision under Part 4, 5 or 6 of these regulations);

    (B)disregard or reject any act or decision of the council or regional development assessment panel in relation to the assessment of the application; and

    (b)in any case—the Development Assessment Commission must give the council for the area in which the development is to be undertaken a reasonable opportunity to provide the Development Assessment Commission with a report on the matters under section 33(1) (as relevant) (but if a report is not received by the Development Assessment Commission within six weeks after the council received the application (or a copy of the application) under these regulations or, in a case where section 34(1)(b)(vi) of the Act applies, within the relevant period under subregulation (3) after the relevant declaration is made by the Minister, or within such longer period as the Development Assessment Commission may allow, the Development Assessment Commission may presume that the council does not desire to provide a report).

  3. For the purposes of subregulation (2)(b), the relevant period in a case where section 34(1)(b)(vi) of the Act applies is—

    (a)if the declaration of the Minister is made under that section within six weeks after an application has been lodged with the council or regional development assessment panel—six weeks from the date of lodgement or three weeks from the date of the declaration, whichever is longer;

    (b)in any other case—

    (i)if the declaration of the Minister is made under section 34(1)(b)(vi)(A) or (B)—three weeks after the declaration is made;

    (ii)if the declaration of the Minister is made under section 34(1)(b)(vi)(C)—one week after the declaration is made.

  4. If—

    (a)the Development Assessment Commission is the relevant authority under section 34(1)(b)(iv) of the Act; and

    (b)the proposed development is to be undertaken within one kilometre of a boundary with a council,

    the Development Assessment Commission must give that council a reasonable opportunity to provide the Development Assessment Commission with comments on the proposed development (but if such comments are not received by the Development Assessment Commission within six weeks after the council is invited to provide them, or within such longer period as the Development Assessment Commission may allow, the Development Assessment Commission may assume that the council does not desire to provide any comments).

Note—

1This regulation is subject to the operation of sections 34(2) and 49 of the Act (if relevant).

39—Assessment in respect of the Building Rules referred to the council

If a council is a relevant authority pursuant to section 34(2) of the Act, then, notwithstanding any other provision of these regulations, the council must not give its decision in respect of the assessment against the Building Rules until the Development Assessment Commission or the regional development assessment panel (as the case may be) has made its decision in respect of the assessment of the development against the provisions of the relevant Development Plan (but then, if the council grants building rules consent, the council may also, if it is appropriate for it to do so, issue a notice of approval under Part 8 of these regulations).

40—Issue of building rules consent other than by a council

If the Development Assessment Commission or a regional development assessment panel issues a building rules consent, it must forward to the council for the area in which the development is to be undertaken (if any)—

(a)two copies of the plans, drawings, specifications and other documents and information lodged by the applicant pursuant to regulation 15 and Schedule 5, stamped or otherwise endorsed with the relevant consent; and

(b)if relevant, a schedule in the appropriate form under Schedule 16 which sets out the matters to be specified under Division 4 of Part 12 of these regulations.

Part 8—Determination of an application

41—Time within which a decision must be made

  1. Pursuant to section 41 of the Act, and subject to these regulations, a relevant authority should deal with an application under Division 1 of Part 4 of the Act within the following periods (calculated from the date of receipt of the application by the relevant authority):

    (a)if—

    (i)the application only seeks development plan consent; and

    (ii)the proposed development is of a kind prescribed as complying development under these regulations or the relevant Development Plan,

    two weeks;

    (b)in any other case where the application only seeks development plan consent, other than where the application relates to a proposed development that involves the division of land—eight weeks;

    (c)if—

    (i)development plan consent has been obtained (or is not necessary); and

    (ii)the application only seeks building rules consent (and no other consent); and

    (iii)the building falls within the Class 1 or 10 classification under the Building Code,

    four weeks;

    (d)in any other case—12 weeks,

    subject to the qualifications that—

    (e)if—

    (i)paragraph (a), (b) or (c) applies; and

    (ii)the application must be referred to a prescribed body under section 37 of the Act for a report or directions (but not concurrence),

    an additional period of six weeks, plus any extension of time under section 37(3) of the Act (or, if more than one such extension of time is given, a period equal to the longest extension), must be added to the relevant period that applies above; and

    (f)if the application must be—

    (i)referred to the Development Assessment Commission, the Minister or a council for concurrence under section 35(3) of the Act; or

    (ii)referred to a prescribed body under section 37 of the Act for concurrence,

    an additional period of 10 weeks, plus any extension of time required by the Development Assessment Commission, the Minister or a council for the purposes of section 35(3) of the Act, or any extension of time under section 37(3) of the Act (or, if more than one such extension of time is given, a period equal to the longest extension), must be added to any period that applies above; and

    (fa)if the application must be referred to the Building Rules Assessment Commission under section 36 of the Act — an additional period of two weeks must be added to the period that applies above; and

    (g)if the application must otherwise be referred to another body for report under these regulations, or another body is entitled to report on the application under these regulations—an additional period equal to the time within which a report must be made by the body under these regulations in order to be taken into account for the purposes of any assessment must be added to the period that applies above.

  2. Notwithstanding subregulation (1), if a period prescribed by that subregulation would end on a day which falls between 25 December in any year and 1 January in the following year, an extra week must be added to that period.

  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.

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

  1. Pursuant to section 40 of the Act, notice of a decision on an application under Division 1 of Part 4 of the Act must be given in a form determined by the Minister for the purposes of this regulation (being a form published by the Minister in the Gazette).1

  2. A notice under subregulation (1) must be given within five business days after the decision is made on the application.

  3. The notice must be accompanied by details of any condition to which the decision is subject, and of the reason for the imposition of the condition (and, if any condition is imposed on the basis of a direction of a prescribed body under section 37 of the Act, the relevant authority must identify the prescribed body).

(3a)If the decision is in respect of a 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.

  1. If a private certified has made a decision in respect of the building rules consent, the relevant authority must attach a copy of the private certified's decision (as notified to the relevant authority under section 93 of the Act) to any relevant notice of a decision of the relevant authority.

  2. A notice under this regulation may include any classification assigned to a building under section 66 of the Act.

Provisions varied

Entries that relate to provisions that have been deleted appear in italics.

Provision How varied Commencement
Pt 1
r 2 omitted under the Legislation Revision and Publication Act 2002 3.6.2004
r 4
r 4(1) r 4 redesignated as r 4(1) by 174/1995 r 3 11.9.1995
varied by 25/2001 r 3(a) 2.4.2001
r 4(2) inserted by 174/1995 r 3 11.9.1995
deleted by 254/1997 r 3(a) 1.1.1998
inserted by 25/2001 r 3(b) 2.4.2001
substituted by 272/2001 r 3(a) 20.12.2001
r 4(3) inserted by 183/1997 r 3 1.9.1997
varied by 254/1997 r 3(b), (c) 1.1.1998
substituted by 25/2001 r 3(b) 2.4.2001
varied by 272/2001 r 3(b) 20.12.2001
substituted by 1/2006 r 4 12.1.2006
r 4(4) inserted by 183/1997 r 3 1.9.1997
varied by 25/2001 r 3(c) 2.4.2001
r 5
r 5(1) r 5 redesignated as r 5(1) by 25/2001 r 4 2.4.2001
r 5(1a) inserted by 277/2007 r 4 29.11.2007
r 5(2)—(4) inserted by 25/2001 r 4 2.4.2001
r 5(3) varied by 1/2006 r 5(1), (2) 12.1.2006
r 5A inserted by 1/2006 r 6 12.1.2006
varied by 210/2007 r 4 16.8.2007
Pt 2
r 6A inserted by 28/2000 r 3 20.4.2000
r 6A(1) varied by 284/2000 r 3(a) 21.12.2000
varied by 130/2001 r 3 1.7.2001
varied by 130/2002 r 3 27.6.2002
varied by 239/2002 r 3(a), (b) 19.12.2002
varied by 53/2003 r 4(1), (2) 29.5.2003
varied by 154/2005 r 7 1.7.2005
(b) and (c) deleted by 1/2006 r 7(1) 12.1.2006
r 6A(1a) inserted by 284/2000 r 3(b) 21.12.2000
varied by 42/2008 r 4 1.5.2008
r 6A(1b) inserted by 239/2002 r 3(c) 19.12.2002
varied by 1/2006 r 7(2) 12.1.2006
r 6A(2) deleted by 1/2006 r 7(3) 12.1.2006
r 6A(3) varied by 21/2001 r 3 15.3.2001
deleted by 1/2006 r 7(3) 12.1.2006
r 6A(4) and (5) deleted by 1/2006 r 7(3) 12.1.2006
r 6A(6) varied by 53/2003 r 4(3) 29.5.2003
r 6A(7)—(9) deleted by 1/2006 r 7(4) 12.1.2006
r 6B inserted by 245/2003 r 4 1.1.2004
r 7
r 7(4) inserted by 254/1997 r 4 1.1.1998
r 7(5) inserted by 31/2000 r 3 4.5.2000
r 7A inserted by 31/2000 r 4 4.5.2000
r 8
r 8(1a) inserted by 1/2006 r 8 12.1.2006
Pt 3
r 9 varied by 25/2001 r 5 2.4.2001
substituted by 235/2007 r 4 27.9.2007
r 9AA inserted by 235/2007 r 4 27.9.2007
r 9A
r 9A(1) r 9A inserted by 9/2006 r 4 1.2.2006
r 9A varied and redesignated as r 9A(1) by 235/2007 r 5(1)—(5) 27.9.2007
r 9A(2) inserted by 235/2007 r 5(5) 27.9.2007
r 10
r 10(1) r 10 substituted by 25/2001 r 6 2.4.2001
r 10 varied and redesignated as r 10(1) by 235/2007 r 6(1)—(3) 27.9.2007
r 10(2) inserted by 235/2007 r 6(3) 27.9.2007
r 10A inserted by 25/2001 r 6 2.4.2001
substituted by 235/2007 r 7 27.9.2007
r 11
r 11(1) varied by 235/2007 r 8(1)—(5) 27.9.2007
r 11(3) substituted by 235/2007 r 8(6) 27.9.2007
rr 11(4)—(6) inserted by 235/2007 r 8(6) 27.9.2007
r 12
r 12(1) substituted by 235/2007 r 9(1) 27.9.2007
r 12(2) varied by 235/2007 r 9(2) 27.9.2007
r 12(3) varied by 235/2007 r 9(3) 27.9.2007
r 12(4) varied by 235/2007 r 9(4) 27.9.2007
r 13
r 13(1) r 13 varied and redesignated as r 13(1) by 25/2001 r 7(a), (b) 2.4.2001
r 13(2) inserted by 25/2001 r 7(b) 2.4.2001
r 13(3) inserted by 235/2007 r 10 27.9.2007
r 14 varied by 39/1995 r 3 27.4.1995
varied by 42/1995 r 3 1.5.1995
varied by 149/1999 r 3 15.7.1999
varied by 6/2000 r 3 27.1.2000
varied by 154/2005 r 8 1.7.2005
varied by 1/2006 r 9 12.1.2006
Pt 4
r 15
r 15(3) varied by 249/1996 r 3 2.1.1997
varied by 25/2001 r 8(a) 2.4.2001
r 15(3a) inserted by 25/2001 r 8(b) 2.4.2001
r 15(5a) inserted by 1/2006 r 10 12.1.2006
varied by 229/2006 r 4 28.9.2006
r 15(6a) inserted by 28/2000 r 4 20.4.2000
r 18 varied by 39/1995 r 4 27.4.1995
deleted by 254/1997 r 5 1.1.1998
inserted by 284/2000 r 4 21.12.2000
r 18A inserted by 190/2003 r 4 4.9.2003
deleted by 191/2003 r 4 11.9.2003
r 20
r 20(1a) inserted by 149/1999 r 4 15.7.1999
r 21
r 21(1)
certificate of insurance varied by 183/1997 r 4(a) 1.9.1997
domestic building work substituted by 183/1997 r 4(b) 1.9.1997
r 21(2) varied by 21/2001 r 4(a) 15.3.2001
varied by 210/2007 r 5 16.8.2007
r 21(3) varied by 21/2001 r 4(b) 15.3.2001
r 22A inserted by 21/2001 r 5 15.3.2001
Pt 5
r 24
r 24(2) varied by 190/2003 r 5 4.9.2003
varied by 210/2007 r 6 16.8.2007
r 24(4) inserted by 21/2001 r 6 15.3.2001
r 27A inserted by 232/2003 r 4 24.11.2003
r 27A(1) varied by 9/2006 r 5(1) 1.2.2006
r 27A(2) deleted by 9/2006 r 5(2) 1.2.2006
r 28
r 28(1) varied by 183/1997 r 5 1.9.1997
substituted by 254/1997 r 6(a) 1.1.1998
substituted by 149/1999 r 5 15.7.1999
varied by 259/2000 r 3 2.11.2000
(d) deleted by 190/2003 r 6 4.9.2003
varied by 210/2007 r 7 16.8.2007
r 28(4) inserted by 254/1997 r 6(b) 1.1.1998
r 29
r 29(1) varied by 25/2001 r 9(a), (b) 2.4.2001
r 29(2) inserted by 25/2001 r 9(c) 2.4.2001
r 30
r 30(5) inserted by 6/2000 r 4 27.1.2000
r 31 varied by 1/2006 r 11(1) 12.1.2006
r 31(1) r 31 redesignated as r 31(1) by 1/2006 r 11(2) 1.5.2006
r 31(2) inserted by 1/2006 r 11(2) 1.5.2006
r 31A inserted by 268/2007 r 4 29.11.2007
r 31A(6) varied by 291/2007 r 4 29.11.2007
Pt 6
r 32
r 32(2) varied by 42/1995 r 4 1.5.1995
r 32(3) varied by 12/2007 r 4 26.2.2007
r 32(4) inserted by 130/2001 r 4 21.6.2001
r 32(5) inserted by 40/2006 r 4 20.4.2006
r 34
r 34(2) substituted by 229/2006 r 5(1) 28.9.2006
r 34(2a) inserted by 229/2006 r 5(1) 28.9.2006
r 34(3) varied by 229/2006 r 5(2) 28.9.2006
varied by 210/2007 r 8 16.8.2007
Pt 7
r 38
r 38(1) varied by 149/1999 r 6(a) 15.7.1999
r 38(1a) inserted by 249/1996 r 4(a) 2.1.1997
deleted by 149/1999 r 6(b) 15.7.1999
r 38(2) varied by 275/1993 r 3 15.1.1994
varied by 249/1996 r 4(b)—(d) 2.1.1997
varied by 25/2001 r 10(a)—(d) 2.4.2001
r 38(3) inserted by 249/1996 r 4(e) 2.1.1997
varied by 25/2001 r 10(e) 2.4.2001
r 38(4) inserted by 272/2001 r 4 20.12.2001
r 39 varied by 25/2001 r 11 2.4.2001
varied by 210/2007 r 9 16.8.2007
r 40 varied by 25/2001 r 12 2.4.2001
varied by 210/2007 r 10 16.8.2007
Pt 8
r 41
r 41(1) varied by 275/1993 r 4 15.1.1994
varied by 254/1997 r 7 1.1.1998
varied by 149/1999 r 7 15.7.1999
varied by 210/2007 r 11(1)—(3) 16.8.2007
r 41(3) inserted by 40/2006 r 5 20.4.2006
r 42
r 42(1) varied by 268/2007 r 5 29.11.2007
r 42(3a) inserted by 1/2006 r 12 12.1.2006
varied by 210/2007 r 12(1) 16.8.2007
r 42(4) varied by 210/2007 r 12(2) 16.8.2007
r 42(6) inserted by 168/2003 r 4 1.10.2003
r 44
r 44(1) and (2) varied by 25/2001 r 13 2.4.2001
r 44(3) inserted by 229/2006 r 6 28.9.2006
r 45A inserted by 234/1996 r 3 4.11.1996
r 46
r 46(1) varied by 149/1999 r 8 15.7.1999
r 46(3) inserted by 177/2006 r 4 1.7.2006
r 47 varied by 183/1997 r 6 1.9.1997
varied by 210/2007 r 13 16.8.2007
Pt 9
Pt 9 Div 2
r 55
r 55(4) varied by 21/2001 r 7 15.3.2001
Pt 9 Div 3
r 55A inserted by 178/2007 r 4 1.7.2007
r 55A(2) varied by 175/2008 r 4(1)—(3) 1.7.2008
r 55A(3) inserted by 175/2008 r 4(4) 1.7.2008
r 56
r 56(1) varied by 234/1996 r 4 4.11.1996
Pt 9 Div 4
r 58
r 58(1) deleted by 234/1996 r 5(a) 4.11.1996
r 58(3) varied by 21/2001 r 8 15.3.2001
r 58(4) varied by 234/1996 r 5(b) 4.11.1996
r 58(6) inserted by 6/2000 r 5 27.1.2000
r 59
r 59(1) varied by 234/1996 r 6(a) 4.11.1996
r 59(2) varied by 234/1996 r 6(b), (c) 4.11.1996
r 60
r 60(4) varied by 234/1996 r 7 4.11.1996
r 60(6) substituted by 229/2006 r 7(1) 28.9.2006
r 60(6a) inserted by 229/2006 r 7(1) 28.9.2006
r 60(9) inserted by 229/2006 r 7(2) 28.9.2006
Pt 10
r 61 varied by 42/1995 r 5 1.5.1995
substituted by 249/1996 r 5 2.1.1997
r 61(1) varied by 274/2006 r 4 14.12.2006
r 61(2) varied by 25/2001 r 14 2.4.2001
r 61(4) varied by 232/2002 r 3(a) 17.2.2003
r 61(5) inserted by 232/2002 r 3(b) 17.2.2003
r 62 substituted by 42/1995 r 6 1.5.1995
substituted by 249/1996 r 5 2.1.1997
r 62(1) varied by 274/2006 r 5(1)—(3) 14.12.2006
r 62(2) varied by 274/2006 r 5(4) 14.12.2006
r 62(3) varied by 274/2006 r 5(5), (6) 14.12.2006
r 63 substituted by 249/1996 r 5 2.1.1997
r 63(2) varied by 274/2006 r 6 14.12.2006
r 63A inserted by 249/1996 r 5 2.1.1997
substituted by 274/2006 r 7 14.12.2006
r 63B inserted by 249/1996 r 5 2.1.1997
r 63B(1) varied by 95/1998 r 3 1.7.1998
varied by 92/1999 r 3 1.7.1999
varied by 97/2000 r 3 1.7.2000
varied by 73/2001 r 3 1.7.2001
varied by 125/2002 r 3 1.7.2002
varied by 232/2002 r 4(a) 17.2.2003
varied by 131/2003 r 4 1.7.2003
varied by 89/2004 r 4 1.7.2004
varied by 41/2005 r 4 1.7.2005
varied by 177/2006 r 5(1)—(3) 1.7.2006
varied by 79/2007 r 4 1.7.2007
varied by 136/2008 r 4 1.7.2008
r 63B(2) varied by 232/2002 r 4(b) 17.2.2003
r 63B(2a) inserted by 232/2002 r 4(c) 17.2.2003
r 63B(5) inserted by 177/2006 r 5(4) 1.7.2006
r 63C inserted by 249/1996 r 5 2.1.1997
deleted by 274/2006 r 8 14.12.2006
rr 63D—63F inserted by 249/1996 r 5 2.1.1997
r 64
r 64(1) varied by 249/1996 r 6 2.1.1997
r 64(2) varied by 210/2007 r 14(1) 16.8.2007
r 64(3) inserted by 232/2002 r 5 17.2.2003
varied by 210/2007 r 14(2) 16.8.2007
r 64(4) inserted by 232/2002 r 5 17.2.2003
r 64A inserted by 249/1996 r 7 2.1.1997
r 65
r 65(1) r 65 redesignated as r 65(1) by 42/1995 r 7 1.5.1995
r 65(1a) inserted by 232/2002 r 6 17.2.2003
r 65(2) inserted by 42/1995 r 7 1.5.1995
Pt 10 Div 1 heading deleted by 249/1996 r 5 2.1.1997
Pt 10 Div 2 heading deleted by 249/1996 r 5 2.1.1997
Pt 11 heading substituted by 6/2000 r 6 27.1.2000
Pt 11 Div 1 heading inserted by 6/2000 r 6 27.1.2000
r 66
r 66(1) r 66 redesignated as r 66(1) by 226/1996 r 3 10.10.1996
r 66(2) inserted by 226/1996 r 3 10.10.1996
r 67
r 67(1) varied by 220/2000 r 3(a) 31.8.2000
r 67(1a) inserted by 239/2006 r 4 14.12.2006
r 67(2) varied by 220/2000 r 3(b) 31.8.2000
r 67(3) varied by 31/2000 r 5 4.5.2000
r 67(4) inserted by 220/2000 r 3(c) 31.8.2000
Pt 11 Div 2 heading inserted by 6/2000 r 7 27.1.2000
r 68 varied by 249/1996 r 8 2.1.1997
substituted by 6/2000 r 7 27.1.2000
r 69 varied by 249/1996 r 9 2.1.1997
substituted by 6/2000 r 7 27.1.2000
r 69(1a) inserted by 239/2006 r 5 14.12.2006
r 69(3) varied by 21/2001 r 9 15.3.2001
Pt 11 Div 3 heading inserted by 6/2000 r 7 27.1.2000
r 69A inserted by 6/2000 r 7 27.1.2000
r 69A(1) varied by 229/2006 r 8(1) 28.9.2006
r 69A(1a) inserted by 229/2006 r 8(2) 28.9.2006
r 69A(2) varied by 229/2006 r 8(3) 28.9.2006
r 69B inserted by 25/2001 r 15 2.4.2001
r 70 varied by 183/1997 r 7 1.9.1997
substituted by 254/1997 r 8 1.1.1998
r 70(1) varied by 6/2000 r 8(a) 27.1.2000
varied by 21/2001 r 10 15.3.2001
r 70(2) varied by 6/2000 r 8(b) 27.1.2000
r 71
r 71(1) varied by 6/2000 r 9 27.1.2000
Pt 12
Pt 12 Div 2
r 74
r 74(1) varied by 275/1993 r 5(a) 15.1.1994
varied by 131/2001 r 3(a)—(c) 2.7.2001
r 74(2) substituted by 131/2001 r 3(d) 2.7.2001
substituted by 168/2003 r 5 1.10.2003
r 74(3) varied by 21/2001 r 11 15.3.2001
r 74(4) varied by 275/1993 r 5(b) 15.1.1994
r 75(5)
professional engineer varied by 39/1995 r 5 27.4.1995
Pt 12 Div 4 heading varied by 7/1996 r 3 4.1.1996
r 76
r 76(1) varied by 39/1995 r 6(a) 27.5.1995
varied by 254/1997 r 9(a) 1.1.1998
r 76(1a) inserted by 183/1997 r 8(a) 1.9.1997
r 76(3) varied by 39/1995 r 6(b), (c) 27.5.1995
varied by 254/1997 r 9(b) 1.1.1998
varied by 232/2002 r 7 17.2.2003
varied by 210/2007 r 15 16.8.2007
r 76(3a) inserted by 39/1995 r 6(d) 27.5.1995
r 76(4) varied by 275/1993 r 6 15.1.1994
r 76(7) substituted by 39/1995 r 6(e) 27.5.1995
varied by 183/1997 r 8(b) 1.9.1997
r 76(8) inserted by 39/1995 r 6(e) 27.5.1995
varied by 254/1997 r 9(c) 1.1.1998
r 76A inserted by 7/1996 r 4 4.1.1996
r 76B inserted by 1/1998 r 3 1.2.1998
r 76B(2) varied by 149/1999 r 9(a) 15.7.1999
r 76B(4) varied by 149/1999 r 9(b) 15.7.1999
r 76B(6) inserted by 21/2001 r 12 15.3.2001
r 76C inserted by 277/2007 r 5 29.11.2007
r 76D inserted by 38/2008 r 4 1.10.2008—not incorporated
Pt 12 Div 5
r 78
r 78(1) r 78 varied by 162/1994 r 3 22.9.1994
r 78 varied by 212/1994 r 3 1.1.1995
r 78 substituted by 183/1997 r 9 1.9.1997
r 78 varied and redesignated as r 78(1) by 259/2000 r 4(a), (b) 2.11.2000
varied by 241/2006 r 4(1) 2.11.2006
varied by 291/2007 r 5(1) 29.11.2007
r 78(2) inserted by 259/2000 r 4(b) 2.11.2000
varied by 241/2006 r 4(2) 2.11.2006
varied by 210/2007 r 16 16.8.2007
varied by 291/2007 r 5(2) 29.11.2007
r 78(3) inserted by 213/2001 r 3 6.9.2001
varied by 241/2006 r 4(3) 2.11.2006
varied by 291/2007 r 5(3) 29.11.2007
r 78(4) and (5) inserted by 291/2007 r 5(4) 29.11.2007
r 78AA inserted by 190/2003 r 7 4.9.2003
r 78A inserted by 253/1999 r 3 17.1.2000
r 79
r 79(2) varied by 210/2007 r 17(1) 16.8.2007
r 79(3) varied by 210/2007 r 17(2) 16.8.2007
r 79(4) varied by 210/2007 r 17(3) 16.8.2007
r 80 varied by 254/1997 r 10 1.1.1998
r 80AA inserted by 275/2006 r 4 14.12.2006
r 80A inserted by 131/2001 r 4 2.7.2001
r 80B inserted by 171/2008 r 4 1.7.2008
will expire: r 80B(3) (1.5.2009)
Pt 13
r 83
r 83(1) varied by 162/1994 r 4(a) 22.9.1994
r 83(2) varied by 275/1993 r 7(a)—(c) 15.1.1994
varied by 39/1995 r 7(a) 27.5.1995
varied by 254/1997 r 11(a) 1.1.1998
varied by 6/2000 r 10 27.1.2000
varied by 131/2001 r 5(a), (b) 2.7.2001
substituted by 168/2003 r 6(1) 1.10.2003
r 83(3) varied by 183/1997 r 10(a) 1.9.1997
substituted by 168/2003 r 6(1) 1.10.2003
r 83(3a) inserted by 275/1993 r 7(d) 15.1.1994
varied by 131/2001 r 5(c), (d) 2.7.2001
deleted by 168/2003 r 6(1) 1.10.2003
r 83(4) varied by 183/1997 r 10(b) 1.9.1997
varied by 254/1997 r 11(b), (c) 1.1.1998
r 83(7) deleted by 39/1995 r 7(b) 27.5.1995
r 83(8) varied by 275/1993 r 7(e) 15.1.1994
varied by 162/1994 r 4(b) 22.9.1994
r 83(10) substituted by 168/2003 r 6(2) 1.10.2003
r 83(11) substituted by 183/1997 r 10(c) 1.9.1997
deleted by 168/2003 r 6(2) 1.10.2003
r 83(12) inserted by 183/1997 r 10(c) 1.9.1997
r 83(13) inserted by 183/1997 r 10(c) 1.9.1997
substituted by 168/2003 r 6(3) 1.10.2003
r 83A inserted by 162/1994 r 5 22.9.1994
varied by 183/1997 r 11 1.9.1997
varied by 149/1999 r 10 15.7.1999
varied by 291/2007 r 6 29.11.2007
r 83AB inserted by 61/1996 r 3 1.5.1996
varied by 131/2001 r 6 2.7.2001
substituted by 168/2003 r 7 1.10.2003
r 83AB(2) varied by 210/2007 r 18(1) 16.8.2007
r 83AB(7) varied by 210/2007 r 18(2) 16.8.2007
r 83B inserted by 162/1994 r 5 22.9.1994
varied by 254/1997 r 12 1.1.1998
varied by 259/2000 r 5 2.11.2000
Pt 14
r 84
r 84(3) varied by 268/2007 r 6 29.11.2007
Pt 15
Pt 15 Div 1
r 86
r 86(1) varied by 235/2007 r 11(1) 27.9.2007
r 86(2) varied by 235/2007 r 11(2) 27.9.2007
r 86(3) and (4) deleted by 21/2001 r 13 15.3.2001
r 86(5) varied by 190/2003 r 8 4.9.2003
r 87
r 87(1) varied by 275/1993 r 8 15.1.1994
varied by 162/1994 r 6(a) 22.9.1994
(b) deleted by 254/1997 r 13 1.1.1998
r 87(2) varied by 162/1994 r 6(b), (c) 22.9.1994
varied by 39/1995 r 8 27.4.1995
(b) deleted by 183/1997 r 12(a) 1.9.1997
(d)(iv) deleted by 183/1997 r 12(b) 1.9.1997
(da)(iv) deleted by 183/1997 r 12(c) 1.9.1997
varied by 149/1999 r 11(a) 15.7.1999
r 87(3) (b) deleted by 183/1997 r 12(d) 1.9.1997
varied by 149/1999 r 11(a) 15.7.1999
varied by 131/2001 r 7(a) 2.7.2001
r 87(4) (c) deleted by 183/1997 r 12(e) 1.9.1997
varied by 149/1999 r 11(a) 15.7.1999
varied by 131/2001 r 7(b) 2.7.2001
r 87(5) substituted by 131/2001 r 7(c) 2.7.2001
r 87(6) inserted by 149/1999 r 11(b) 15.7.1999
r 88
r 88(1) varied by 254/1997 r 14 1.1.1998
varied by 149/1999 r 12 15.7.1999
varied by 259/2000 r 6 2.11.2000
varied by 21/2001 r 14 15.3.2001
varied by 232/2002 r 8 1.1.2003
varied by 190/2003 r 9 4.9.2003
varied by 229/2006 r 9 28.9.2006
Pt 15 Div 2
r 89
r 89(1) varied by 61/1996 r 4(a) 1.5.1996
varied by 183/1997 r 13 1.9.1997
varied by 254/1997 r 15(a), (c), (e) 1.1.1998
(c) deleted by 254/1997 r 15(b) 1.1.1998
(f)(iii) deleted by 254/1997 r 15(d) 1.1.1998
varied by 168/2003 r 8 1.10.2003
varied by 210/2007 r 19(1)—(3) 16.8.2007
r 89(2) varied by 21/2001 r 15 15.3.2001
varied by 210/2007 r 19(4) 16.8.2007
r 89(3) inserted by 61/1996 r 4(b) 1.5.1996
varied by 210/2007 r 19(5) 16.8.2007
 r 90
r 90(1) r 90 redesignated as r 90(1) by 61/1996 r 5 1.5.1996
r 90(2) inserted by 61/1996 r 5 1.5.1996
r 90(3) inserted by 168/2003 r 9 1.10.2003
r 91
r 91(1) r 91 varied by 183/1997 r 14 1.9.1997
r 91 varied and redesignated as r 91(1) by 149/1999 r 13 15.7.1999
r 91(2) inserted by 149/1999 r 13(c) 15.7.1999
r 92
r 92(1) varied by 229/2006 r 10(1) 28.9.2006
varied by 210/2007 r 20(1) 16.8.2007
r 92(2) varied by 183/1997 r 15(a), (b) 1.9.1997
varied by 254/1997 r 16 1.1.1998
varied by 21/2001 r 16 15.3.2001
varied by 229/2006 r 10(2) 28.9.2006
varied by 210/2007 r 20(2), (3) 16.8.2007
r 92(3) inserted by 61/1996 r 6 1.5.1996
varied by 168/2003 r 10(1) 1.10.2003
varied by 210/2007 r 20(4) 16.8.2007
r 92(4) inserted by 183/1997 r 15(c) 1.9.1997
substituted by 168/2003 r 10(2) 1.10.2003
r 92(4a) inserted by 168/2003 r 10(2) 1.10.2003
r 92(5) inserted by 149/1999 r 14 15.7.1999
r 93 varied by 39/1995 r 9 27.4.1995
substituted by 61/1996 r 7 1.6.1996
varied by 183/1997 r 16 1.9.1997
r 93A inserted by 61/1996 r 8 1.6.1996
r 93A(2) varied by 95/1998 r 4(a) 1.7.1998
varied by 92/1999 r 4(a) 1.7.1999
varied by 97/2000 r 4(a) 1.7.2000
varied by 73/2001 r 4(a) 1.7.2001
varied by 125/2002 r 4(a) 1.7.2002
varied by 131/2003 r 5(1) 1.7.2003
varied by 89/2004 r 5(1) 1.7.2004
varied by 41/2005 r 5(1) 1.7.2005
varied by 177/2006 r 6(1) 1.7.2006
varied by 79/2007 r 5(1) 1.7.2007
varied by 136/2008 r 5(1) 1.7.2008
r 93A(3) varied by 180/1998 r 3(a) 1.10.1998
r 93A(4) varied by 180/1998 r 3(b) 1.10.1998
r 93A(4a) inserted by 180/1998 r 3(c) 1.10.1998
r 93A(5) varied by 95/1998 r 4(b) 1.7.1998
varied by 92/1999 r 4(b) 1.7.1999
varied by 97/2000 r 4(b) 1.7.2000
varied by 73/2001 r 4(b) 1.7.2001
varied by 125/2002 r 4(b) 1.7.2002
varied by 131/2003 r 5(2) 1.7.2003
varied by 89/2004 r 5(2) 1.7.2004
varied by 41/2005 r 5(2) 1.7.2005
varied by 177/2006 r 6(2) 1.7.2006
varied by 79/2007 r 5(2) 1.7.2007
varied by 136/2008 r 5(2) 1.7.2008
r 93A(6) varied by 183/1997 r 17(a) 1.9.1997
r 93A(7) varied by 183/1997 r 17(b) 1.9.1997
r 93A(11) substituted by 180/1998 r 3(d) 1.10.1998
r 93B inserted by 183/1997 r 18 1.9.1997
Pt 16
r 94
r 94(1) varied by 234/1996 r 8(a) 4.11.1996
r 94(2) varied by 234/1996 r 8(b) 4.11.1996
r 95
r 95(2) varied by 249/1996 r 10 2.1.1997
r 95(9) and (10) inserted by 130/2001 r 5 21.6.2001
r 96
r 96(1) varied by 39/1995 r 10(a) 27.4.1995
varied by 131/2001 r 8 2.7.2001
r 96(2) substituted by 39/1995 r 10(b) 27.4.1995
r 98
r 98(1) varied by 180/1998 r 4(a) 1.10.1998
r 98(2) varied by 180/1998 r 4(b), (c) 1.10.1998
varied by 25/2001 r 16 2.4.2001
varied by 210/2007 r 21(1) 16.8.2007
r 98(2a) inserted by 21/2001 r 17 15.3.2001
r 98(3) inserted by 180/1998 r 4(d) 1.10.1998
varied by 210/2007 r 21(2) 16.8.2007
r 98(4) inserted by 180/1998 r 4(d) 1.10.1998
r 98A inserted by 25/2001 r 17 2.4.2001
r 98B inserted by 40/2006 r 6 20.4.2006
r 99
r 99(1) varied by 180/1998 r 5 1.10.1998
r 99(2) varied by 254/1997 r 17(a) 1.1.1998
r 99(3) varied by 254/1997 r 17(b) 1.1.1998
r 99(6) inserted by 254/1997 r 17(c) 1.1.1998
r 99A inserted by 180/1998 r 6 1.10.1998
varied by 210/2007 r 22(1), (2) 16.8.2007
r 99B inserted by 180/1998 r 6 1.10.1998
r 101 varied by 275/1993 r 9 15.1.1994
(c) and (d) deleted by 21/2001 r 18 15.3.2001
varied by 1/2006 r 13 12.1.2006
r 102
r 102(2) varied by 275/1993 r 10 15.1.1994
varied by 271/1999 r 3 23.12.1999
r 103
r 103(1) varied by 201/2006 r 4(1) 24.8.2006
r 103(2) (a) deleted by 149/1999 r 15 15.7.1999
varied by 211/2004 r 4(1)—(3) 30.9.2004
varied by 201/2006 r 4(2) 24.8.2006
r 103(2a) inserted by 211/204 r 4(4) 30.9.2004
varied by 201/2006 r 4(3) 24.8.2006
r 103(2b) inserted by 211/204 r 4(4) 30.9.2004
r 103(3) inserted by 254/1997 r 18 1.1.1998
r 103(4) inserted by 254/1997 r 18 1.1.1998
varied by 201/2006 r 4(4) 24.8.2006
r 103(5) inserted by 254/1997 r 18 1.1.1998
r 103A inserted by 249/1996 r 11 2.1.1997
r 103B inserted by 131/2001 r 9 2.7.2001
r 104 varied by 254/1997 r 19 1.1.1998
varied by 149/1999 r 16 15.7.1999
r 104A inserted by 130/2001 r 6 21.6.2001
r 105
r 105(1) varied by 1/1998 r 4(a) 1.2.1998
r 105(1a) inserted by 1/1998 r 4(b) 1.2.1998
r 106 varied by 212/1994 r 4 1.1.1995
deleted by 183/1997 r 19 1.9.1997
inserted by 28/2000 r 5 20.4.2000
substituted by 21/2001 r 19 15.3.2001
r 107 inserted by 25/2001 r 18 2.4.2001
r 108 inserted by 25/2001 r 18 2.4.2001
substituted by 236/2005 r 4 1.1.2006
r 109 inserted by 12/2007 r 5 26.2.2007
Sch 1
definitions
advertisement area deleted by 149/1999 r 17(a) 15.7.1999
advertising display deleted by 149/1999 r 17(a) 15.7.1999
bank inserted by 143/1999 r 3 (Sch cl 6) 1.7.1999
deleted by 21/2001 r 20 15.3.2001
builder's yard deleted by 149/1999 r 17(a) 15.7.1999
the Building Code varied by 275/1993 r 11 15.1.1994
deleted by 254/1997 r 20(a) 1.1.1998
calculations deleted by 149/1999 r 17(a) 15.7.1999
caravan park deleted by 149/1999 r 17(a) 15.7.1999
car parking space deleted by 149/1999 r 17(a) 15.7.1999
commercial forestry deleted by 149/1999 r 17(a) 15.7.1999
electricity authority deleted by 149/1999 r 17(a) 15.7.1999
home activity varied by 149/1999 r 17(b) 15.7.1999
hospital deleted by 149/1999 r 17(c) 15.7.1999
Housing Code inserted by 174/1995 r 4 11.9.1995
deleted by 254/1997 r 20(b) 1.1.1998
identifier deleted by 149/1999 r 17(c) 15.7.1999
junk yard deleted by 149/1999 r 17(c) 15.7.1999
intensive animal keeping varied in pursuance of the Subordinate Legislation Act 1978 1.7.2002
licensed builder substituted by 183/1997 r 20 1.9.1997
parking area deleted by 149/1999 r 17(c) 15.7.1999
petrol filling station substituted by 149/1999 r 17(d) 15.7.1999
plan of community division inserted by 234/1996 r 9 4.11.1996
pre-school varied by 149/1999 r 17(e) 15.7.1999
public service depot substituted by 149/1999 r 17(f) 15.7.1999
River Torrens deleted by 149/1999 r 17(g) 15.7.1999
Rundle Mall deleted by 149/1999 r 17(g) 15.7.1999
shop varied by 149/1999 r 17(h) 15.7.1999
telecom authority deleted by 149/1999 r 17(i) 15.7.1999
timber yard deleted by 149/1999 r 17(i) 15.7.1999
underground mains area deleted by 149/1999 r 17(i) 15.7.1999
waste substituted by 42/1995 r 8 1.5.1995
Watercourse Zone deleted by 149/1999 r 17(i) 15.7.1999
Sch 1A inserted by 277/2007 r 6 29.11.2007
Sch 2
cl A1 contents before cl 1 designated as cl A1 by 147/2003 Sch 1 12.6.2003
cl 1
cl 1(1) cl 1 varied and redesignated as cl 1(1) by 147/2003 Sch 1 12.6.2003
cl 1(2) Sch varied by 199/1998 r 3 Sch 1 19.11.1998
Sch varied and redesignated as cl 1(2) by 147/2003 Sch 1 12.6.2003
varied by 1/2006 r 14(1) 12.1.2006
varied by 70/2006 r 4 8.6.2006
cl 1A inserted by 194/2002 r 3 17.10.2002
deleted by 234/2002 r 3 19.12.2002
cl 6A inserted by 232/2003 r 5 24.11.2003
cl 6A(1) varied by 9/2006 r 6 1.2.2006
cl 8
cl 8(2) varied by 1/2006 r 14(2) 12.1.2006
cl 9 inserted by 210/2007 r 23 16.8.2007
Sch 3
cl A1 contents before cl 1 designated as cl A1 by 147/2003 Sch 1 12.6.2003
cl 1 varied by 159/1995 r 3(a), (b) 20.7.1995
varied by 21/2001 r 21(a) 15.3.2001
cl 2
cl 2(1) cl 2 varied and redesignated as cl 2(1) by 159/1995 r 3(c), (d) 20.7.1995
varied by 149/1999 r 18(a), (b) 15.7.1999
cl 2(2) inserted by 159/1995 r 3(d) 20.7.1995
cl 3(2) varied by 275/1993 r 12(a) 15.1.1994
cl 3(4) substituted by 234/1996 r 10 4.11.1996
cl 3(5) inserted by 159/1995 r 3(e) 20.7.1995
varied by 21/2001 r 21(b) 15.3.2001
cl 3(5a) inserted by 285/2000 r 3(a) 21.12.2000
cl 3(6) inserted by 213/1995 r 3 23.11.1995
cl 4
cl 4(1) varied by 275/1993 r 12(b)—(d) 15.1.1994
varied by 7/1995 r 3 12.1.1995
varied by 39/1995 r 11(a), (b) 27.4.1995
varied by 183/1997 r 21 1.9.1997
varied by 149/1999 r 18(c)—(g) 15.7.1999
varied by 220/2000 r 4(a) 31.8.2000
varied by 21/2001 r 21(c) 15.3.2001
varied by 190/2003 r 10(1)—(3) 4.9.2003
varied by 245/2003 r 5(1), (2) 1.1.2004
varied by 229/2006 r 11 28.9.2006
varied by 277/2007 r 7(1), (2) 29.11.2007
cl 4(2) varied by 149/1999 r 18(h), (i) 15.7.1999
cl 4(3a) inserted by 39/1995 r 11(c) 27.4.1995
cl 4(5) inserted by 275/1993 r 12(e) 15.1.1994
cl 4(6) inserted by 1/1998 r 5 1.2.1998
cl 4(7) inserted by 245/2003 r 5(3) 1.1.2004
brush  inserted by 277/2007 r 7(3) 29.11.2007
brush fence  inserted by 277/2007 r 7(3) 29.11.2007
cl 5 varied by 149/1999 r 18(j) 15.7.1999
substituted by 272/2001 r 5 20.12.2001
cl 7
cl 7(1) cl 7 varied by 149/1999 r 18(k), (l) 15.7.1999
cl 7 redesignated as cl 7(1) by 149/1999 r 18(m) 15.7.1999
cl 7(2) inserted by 149/1999 r 18(m) 15.7.1999
cl 8 varied by 149/1999 r 18(n) 15.7.1999
cl 9 inserted by 159/1995 r 3(f) 20.7.1995
cl 10 inserted by 149/1999 r 18(o) 15.7.1999
varied by 21/2001 r 21(d) 15.3.2001
cl 11 inserted by 149/1999 r 18(o) 15.7.1999
cl 12 inserted by 220/2000 r 4(b) 31.8.2000
cl 12(1) varied by 213/2001 r 4(a) 6.9.2001
cl 12(4)
prescribed subscriber connection telecom infrastructure varied by 213/2001 r 4(b), (c) 6.9.2001
cl 13 inserted by 285/2000 r 3(b) 21.12.2000
cl 14 inserted by 190/2003 r 10(4) 4.9.2003
Sch 3A inserted by 31/2000 r 6 4.5.2000
cl A1 contents before cl 1 designated as cl A1 by 147/2003 Sch 1 12.6.2003
cl 4
cl 4(1) (c)(i) deleted by 245/2003 r 6(1) 1.1.2004
varied by 245/2003 r 6(2), (3) 1.1.2004
varied by 277/2007 r 8(1) 29.11.2007
cl 4(8) inserted by 245/2003 r 6(4) 1.1.2004
brush inserted by 277/2007 r 8(2) 29.11.2007
brush fence inserted by 277/2007 r 8(2) 29.11.2007
Sch 4
Pt 1 varied by 149/1999 r 19(a) 15.7.1999
varied by 13/2001 r 3 16.2.2001
cl A1 contents before cl 1 designated as cl A1 by 147/2003 Sch 1 12.6.2003
cl 1
cl 1(1) cl 1 varied by 7/1995 r 4 12.1.1995
cl 1 varied by 39/1995 r 12(a), (b) 27.4.1995
cl 1 varied by 149/1999 r 19(b)—(e) 15.7.1999
cl 1 varied and redesignated as cl 1(1) by 14/2001 r 3(a), (b) 16.2.2001
varied by 21/2001 r 22 15.3.2001
varied by 190/2003 r 11 4.9.2003
cl 1(2)—(9) inserted by 14/2001 r 3(b) 16.2.2001
cl 1(10) inserted by 14/2001 r 3(b) 16.2.2001
varied by 130/2001 r 7 21.6.2001
cl 1(11) and (12) inserted by 245/2003 r 7 1.1.2004
cl 2 substituted by 159/1995 r 4 20.7.1995
cl 4 inserted by 285/2000 r 4(a) 21.12.2000
Pt 2
cl 5 contents below Pt 2 heading designated as cl 5 by 147/2003 Sch 1 12.6.2003
cll 6—9 cll 1—4 redesignated as cll 6—9 by 147/2003 Sch 1 12.6.2003
cl 10 cl 5 varied by 149/1999 r 19(f), (g) 15.7.1999
cl 5 redesignated as cl 10 by 147/2003 Sch 1 12.6.2003
cl 11 cl 6 varied by 149/1999 r 19(h) 15.7.1999
cl 6 redesignated as cl 11 by 147/2003 Sch 1 12.6.2003
cl 12 cl 7 varied by 275/1993 r 13(a), (b) 15.1.1994
cl 7 varied by 39/1995 r 12(c) 27.4.1995
cl 7 varied by 149/1999 r 19(i), (j) 15.7.1999
cl 7 varied by 272/2001 r 6 20.12.2001
cl 7 redesignated as cl 12 by 147/2003 Sch 1 12.6.2003
cl 13 cl 8 redesignated as cl 13 by 147/2003 Sch 1 12.6.2003
cl 14 cl 9 inserted by 275/1993 r 13(c) 15.1.1994
cl 9 varied by 183/1997 r 22 1.9.1997
cl 9 varied by 149/1999 r 19(k) 15.7.1999
cl 9 varied by 220/2000 r 5(a) 31.8.2000
cl 9 redesignated as cl 14 by 147/2003 Sch 1 12.6.2003
cl 14(1) cl 14 varied and redesignated as cl 14(1) by 277/2007 r 9(1), (2) 29.11.2007
cl 14(2) inserted by 277/2007 r 9(2) 29.11.2007
cl 15 cl 10 inserted by 149/1999 r 19(l) 15.7.1999
cl 10 redesignated as cl 15 by 147/2003 Sch 1 12.6.2003
cl 16 cl 11 inserted by 220/2000 r 5(b) 31.8.2000
cl 11 redesignated as cl 16 by 147/2003 Sch 1 12.6.2003
cl 17 cl 12 inserted by 285/2000 r 4(b) 21.12.2000
cl 12 redesignated as cl 17 by 147/2003 Sch 1 12.6.2003
cl 17(2) varied by 147/2003 Sch 1 12.6.2003
Sch 4A inserted by 25/2001 r 19 2.4.2001
varied by 235/2007 r 12(1)—(5) 27.9.2007
Sch 4B inserted by 25/2001 r 19 2.4.2001
varied by 235/2007 r 13 27.9.2007
Sch 5
cl 1
cl 1(1) varied by 210/2007 r 24(1) 16.8.2007
cl 1(2) varied by 210/2007 r 24(2) 16.8.2007
cl 1(3) varied by 210/2007 r 24(3) 16.8.2007
cl 1(5)—(7) inserted by 277/2007 r 10 29.11.2007
cl 2A inserted by 1/2006 r 15 1.5.2006
cl 2A(1) varied by 12/2007 r 6 26.2.2007
cl 2A(3) inserted by 40/2006 r 7 1.5.2006
cl 3
cl 3(1) varied by 21/2001 r 23(a) 15.3.2001
(b) deleted by 234/1996 r 11(a) 4.11.1996
cl 4
cl 4(1) varied by 21/2001 r 23(b) 15.3.2001
cl 4(2) substituted by 234/1996 r 11(b) 4.11.1996
cll 5 and 6 substituted by 234/1996 r 11(c) 4.11.1996
cl 6A inserted by 272/2001 r 7 20.12.2001
cl 7 inserted by 25/2001 r 20 2.4.2001
cl 7(1) varied by 154/2005 r 9 1.7.2005
cll 8 and 9 inserted by 232/2003 r 6 24.11.2003
Sch 6 before substitution by 89/2004 varied by 275/1993 r 14 15.1.1994
varied by 61/1996 r 9 1.5.1996
varied by 143/1996 r 3 1.7.1996
varied by 234/1996 r 12 4.11.1996
varied by 249/1996 r 12 2.1.1997
varied by 254/1997 r 21 1.1.1998
varied by 95/1998 r 5 1.7.1998
varied by 92/1999 r 5 1.7.1999
varied by 97/2000 r 5 1.7.2000
varied by 21/2001 r 24 15.3.2001
varied by 25/2001 r 21 2.4.2001
varied by 73/2001 r 5 1.7.2001
varied by 130/2001 r 8 21.6.2001
varied by 131/2001 r 10 2.7.2001
varied by 125/2002 r 5 1.7.2002
substituted by 131/2003 r 6 1.7.2003
varied by 232/2003 r 7 24.11.2003
Sch 6 substituted by 89/2004 r 6 1.7.2004
substituted by 41/2005 r 6 1.7.2005
varied by 40/2006 r 8 20.4.2006
substituted by 177/2006 r 7 1.7.2006
varied by 229/2006 r 12(1)—(3) 28.9.2006
substituted by 79/2007 r 6 1.7.2007
varied by 210/2007 r 25 16.8.2007
substituted by 136/2008 r 6 1.7.2008
Sch 7
cl 2 varied by 95/1998 r 6(a) 1.7.1998
varied by 92/1999 r 6(a) 1.7.1999
varied by 97/2000 r 6(a) 1.7.2000
varied by 130/2001 r 9 21.6.2001
varied by 73/2001 r 6(a) 1.7.2001
varied by 125/2002 r 6(a) 1.7.2002
varied by 131/2003 r 7(1) 1.7.2003
varied by 190/2003 r 12 4.9.2003
varied by 232/2003 r 8(1), (2) 24.11.2003
varied by 89/2004 r 7(1), (2) 1.7.2004
varied by 41/2005 r 7(1), (2) 1.7.2005
substituted by 177/2006 r 8(1) 1.7.2006
varied by 79/2007 r 7(1)—(4) 1.7.2007
varied by 136/2008 r 7(1)—(4) 1.7.2008
cl 3 varied by 95/1998 r 6(b) 1.7.1998
varied by 92/1999 r 6(b) 1.7.1999
varied by 97/2000 r 6(b) 1.7.2000
varied by 73/2001 r 6(b) 1.7.2001
varied by 125/2002 r 6(b) 1.7.2002
varied by 131/2003 r 7(2) 1.7.2003
varied by 232/2003 r 8(3) 24.11.2003
varied by 89/2004 r 7(3), (4) 1.7.2004
varied by 41/2005 r 7(3), (4) 1.7.2005
substituted by 177/2006 r 8(1) 1.7.2006
varied by 229/2006 r 13 28.9.2006
varied by 79/2007 r 7(5)—(9) 1.7.2007
varied by 136/2008 r 7(5)—(9) 1.7.2008
cl 3A inserted by 61/1996 r 10 1.5.1996
cl 5 inserted by 39/1995 r 13 27.4.1995
substituted by 177/2006 r 8(2) 1.7.2006
cl 6 inserted by 95/1998 r 6(c) 1.7.1998
deleted by 177/2006 r 8(2) 1.7.2006
Sch 8 varied by 39/1995 r 14 27.4.1995
varied by 42/1995 r 9 1.5.1995
varied by 159/1995 r 5 20.7.1995
varied by 169/1997 r 3 2.7.1997
varied by 129/1999 r 3 24.6.1999
varied by 149/1999 r 20 15.7.1999
varied by 259/2000 r 7 2.11.2000
varied by 21/2001 r 25 15.3.2001
varied by 25/2001 r 22 2.4.2001
varied by 162/2001 r 3 28.6.2001
varied by 213/2001 r 5 6.9.2001
varied by 272/2001 r 8 20.12.2001
varied by 194/2002 r 4 17.10.2002
varied by 234/2002 r 4 19.12.2002
substituted by 147/2003 Sch 1 (Sch 2) 12.6.2003
cl 1
cl 1(1)
commercial forest inserted by 128/2004 r 4(1) 3.6.2004
windfarm inserted by 190/2003 r 13(1) 4.9.2003
cl 1(2aa) inserted by 40/2006 r 9 1.5.2006
cl 1(2a) inserted by 128/2004 r 4(2) 3.6.2004
cl 1(3) inserted by 232/2003 r 9(1) 24.11.2003
varied by 1/2006 r 16(1), (2) 12.1.2006
varied by 9/2006 r 7(1)—(6) 1.2.2006
cl 1(4) and (5) inserted by 9/2006 r 7(7) 1.2.2006
cl 2
Item 1 varied by 232/2003 r 9(2) 24.11.2003
Item 5(1) varied by 232/2003 r 9(3) 24.11.2003
Item 9A inserted by 190/2003 r 13(2) 4.9.2003
Item 9B inserted by 1/2006 r 16(3) 1.5.2006
varied by 12/2007 r 7 26.2.2007
Item 10 varied by 232/2003 r 9(4) 24.11.2003
Item 12(1) Item 12 varied by 190/2003 r 13(3) 4.9.2003
Item 12 varied by 232/2003 r 9(5) 24.11.2003
Item 12 redesignated as Item 12(1) by 128/2004 r 4(3) 3.6.2004
varied by 154/2005 r 10(1), (2) 1.7.2005
Item 12(2) inserted by 128/2004 r 4(3) 3.6.2004
varied by 154/2005 r 10(3), (4) 1.7.2005
Item 12A varied by 190/2003 r 13(4) 4.9.2003
varied by 232/2003 r 9(6) 24.11.2003
varied by 154/2005 r 10(5), (6) 1.7.2005
Item 15 varied by 1/2006 r 16(4) 12.1.2006
Item 16 varied by 190/2003 r 13(5) 4.9.2003
varied by 154/2005 r 10(7), (8) 1.7.2005
Item 17(1) varied by 232/2003 r 9(7) 24.11.2003
Item 18 varied by 190/2003 r 13(6), (7) 4.9.2003
varied by 241/2006 r 5 2.11.2006
varied by 291/2007 r 7(1), (2) 29.11.2007
Item 19 inserted by 232/2003 r 9(8) 24.11.2003
varied by 154/2005 r 10(9) 1.7.2005
varied by 9/2006 r 7(8)—(12) 1.2.2006
Item 20 inserted by 232/2003 r 9(8) 24.11.2003
varied by 154/2005 r 10(10) 1.7.2005
varied by 9/2006 r 7(13) 1.2.2006
Item 21 inserted by 232/2003 r 9(8) 24.11.2003
varied by 154/2005 r 10(11) 1.7.2005
Item 22 inserted by 1/2006 r 16(5) 12.1.2006
Sch 9
Pt 1
cl 1 varied by 1/2006 r 17(1) 12.1.2006
cl 2
cl 2(1) cl 2 varied and redesignated as cl 2(1) by 255/1996 r 3(a) 19.12.1996
varied by 21/2001 r 26(a) 15.3.2001
varied by 1/2006 r 17(2), (3) 12.1.2006
cl 2(2) inserted by 255/1996 r 3(a) 19.12.1996
cl 4 substituted by 234/1996 r 13 4.11.1996
cl 5 varied by 21/2001 r 26(b) 15.3.2001
varied by 190/2003 r 14(1) 4.9.2003
cl 6
cl 6(1) cl 6 varied by 275/1993 r 15(a) 15.1.1994
cl 6 varied by 39/1995 r 15(a), (b) 27.4.1995
cl 6 varied by 34/1996 r 3 7.3.1996
cl 6 varied and redesignated as cl 6(1) by 137/1997 r 3(a)—(c) 29.5.1997
varied by 149/1999 r 21(a), (c)—(i) 15.7.1999
varied by 220/2000 r 6(a) 31.8.2000
varied by 285/2000 r 5(a) 21.12.2000
varied by 21/2001 r 26(c) 15.3.2001
(a) deleted by 149/1999 r 21(b) 15.7.1999
varied by 1/2006 r 17(4) 12.1.2006
cl 6(2) inserted by 137/1997 r 3(c) 29.5.1997
cl 6(3) inserted by 220/2000 r 6(b)
bank inserted by 21/2001 r 26(d) 15.3.2001
railway land inserted by 285/2000 r 5(b) 21.12.2000
cl 7 varied by 39/1995 r 15(c) 27.4.1995
cl 8 varied by 239/2006 r 6(1) 14.12.2006
cl 9
cl 9(1) cl 9 inserted by 39/1995 r 15(d) 27.4.1995
cl 9 substituted by 271/1999 r 4 23.12.1999
cl 9 redesignated as cl 9(1) by 259/2000 r 8 2.11.2000
varied by 1/2006 r 17(5) 12.1.2006
(c) deleted by 1/2006 r 17(5) 12.1.2006
varied by 24/2006 r 4 9.2.2006
varied by 38/2006 r 4 16.2.2006
cl 9(2) inserted by 259/2000 r 8 2.11.2000
deleted by 1/2006 r 17(6) 12.1.2006
cl 10 inserted by 213/1995 r 4 23.11.1995
cl 11 inserted by 243/1996 r 3 14.11.1996
cl 12 inserted by 255/1996 r 3(b) 19.12.1996
cl 13 inserted by 28/2000 r 6(a) 20.4.2000
varied by 147/2003 Sch 1 12.6.2003
cl 14 inserted by 285/2000 r 5(c) 21.12.2000
cl 15 inserted by 14/2001 r 4 16.2.2001
varied by 147/2003 Sch 1 12.6.2003
cl 15A inserted by 1/2006 r 17(7) 12.1.2006
cl 15B inserted by 40/2006 r 10 20.4.2006
Pt 2
cl 16 cl 1 varied by 275/1993 r 15(b) 15.1.1994
cl 1 varied by 272/2001 r 9 20.12.2001
cl 1 varied and redesignated as cl 16 by 147/2003 Sch 1 12.6.2003
varied by 190/2003 r 14(2) 4.9.2003
cll 16A and 16B inserted by 1/2006 r 17(8) 12.1.2006
cl 17 cl 2 redesignated as cl 17 by 147/2003 Sch 1 12.6.2003
varied by 190/2003 r 14(3) 4.9.2003
cl 18 cl 3 redesignated as cl 18 by 147/2003 Sch 1 12.6.2003
varied by 239/2006 r 6(2) 14.12.2006
cl 19 cl 4 inserted by 255/1996 r 3(c) 19.12.1996
cl 4 redesignated as cl 19 by 147/2003 Sch 1 12.6.2003
cl 20 cl 5 inserted by 137/1997 r 3(d) 29.5.1997
cl 5 redesignated as cl 20 by 147/2003 Sch 1 12.6.2003
cl 21 cl 6 inserted by 149/1999 r 21(j) 15.7.1999
cl 6 redesignated as cl 21 by 147/2003 Sch 1 12.6.2003
cl 22 cl 7 inserted by 28/2000 r 6(b) 20.4.2000
cl 7 varied by 284/2000 r 5 21.12.2000
cl 7 redesignated as cl 22 by 147/2003 Sch 1 12.6.2003
cl 23 cl 8 inserted by 220/2000 r 6(c) 31.8.2000
cl 8 redesignated as cl 23 by 147/2003 Sch 1 12.6.2003
Pt 3 inserted by 220/2000 r 6(d) 31.8.2000
cl 24 cl 1 redesignated as cl 24 by 147/2003 Sch 1 12.6.2003
Sch 10
cl 1 varied by 149/1999 r 22(a) 15.7.1999
varied by 284/2000 r 6 21.12.2000
cl 2 (c) deleted by 159/1995 r 6(a) 20.7.1995
cl 2A inserted by 149/1999 r 22(b) 15.7.1999
cl 3
cl 3(1) varied by 159/1995 r 6(b), (c) 20.7.1995
varied by 149/1999 r 22(c)—(f) 15.7.1999
varied by 21/2001 r 27 15.3.2001
varied by 147/2003 Sch 1 12.6.2003
cl 3(2) substituted by 159/1995 r 6(d) 20.7.1995
deleted by 149/1999 r 22(g) 15.7.1999
cl 3
cl 3(2) Sch varied and redesignated as cl 3(2) by 147/2003 Sch 1 12.6.2003
cl 3A inserted by 219/2007 r 4 30.8.2007
cl 4 varied by 127/2000 r 3(a) 8.6.2000
cl 4A inserted by 239/2006 r 7 14.12.2006
cl 4B inserted by 212/2008 r 4 17.7.2008
cl 5 deleted by 149/1999 r 22(h) 15.7.1999
inserted by 211/2004 r 5 30.9.2004
cl 6 deleted by 34/1996 r 4(a) 7.3.1996
inserted by 218/1996 r 3 19.9.1996
cl 6A inserted by 149/2005 r 4 30.6.2005
cl 7 substituted by 159/1995 r 6(e) 20.7.1995
substituted by 1/2006 r 18 12.1.2006
cl 8 varied by 13/2001 r 4(a), (b) 16.2.2001
cl 9
cl 9(1) cl 9 varied by 149/1999 r 22(i), (j) 15.7.1999
cl 9 varied and redesignated as cl 9(1) by 13/2001 r 4(c)—(f) 16.2.2001
varied by 147/2003 Sch 1 12.6.2003
cl 9(1a) Sch varied and redesignated as cl 9(1a) by 147/2003 Sch 1 12.6.2003
cl 9(2) inserted by 13/2001 r 4(f) 16.2.2001
varied by 147/2003 Sch 1 12.6.2003
cl 9(3) Sch varied and redesignated as cl 9(3) by 147/2003 Sch 1 12.6.2003
cl 18 inserted by 242/2006 r 4 9.11.2006
Sch 10A inserted by 40/2006 r 11 20.4.2006
heading varied by 70/2006 r 5 8.6.2006
cl 10 varied by 34/1996 r 4(b) 7.3.1996
varied by 149/1999 r 22(k) 15.7.1999
cl 13 varied by 149/1999 r 22(l) 15.7.1999
cl 14 inserted by 213/1995 r 5 23.11.1995
deleted by 149/1999 r 22(m) 15.7.1999
cl 15 inserted by 255/1996 r 4 19.12.1996
cl 16 inserted by 15/1997 r 3 13.2.1997
deleted by 190/2003 r 15 4.9.2003
cl 17 inserted by 203/1997 r 3 4.9.1997
deleted by 127/2000 r 3(b) 8.6.2000
inserted by 285/2000 r 6 21.12.2000
Sch 11 deleted by 268/2007 r 7 29.11.2007
Sch 12A inserted by 232/2002 r 9 17.2.2003
Sch 13 varied by 183/1997 r 23 1.9.1997
Sch 14
cl 1 redesignated as cl 1 by 31/2000 r 7 4.5.2000
varied by 159/1995 r 7 20.7.1995
varied by 55/1996 r 3 11.4.1996
varied by 183/1997 r 24(a)—(c) 1.9.1997
varied by 254/1997 r 22 1.1.1998
varied by 149/1999 r 23 15.7.1999
varied by 28/2000 r 7 20.4.2000
varied by 21/2001 r 28(a), (b) 15.3.2001
varied by 272/2001 r 10(a), (b) 20.12.2001
varied by 1/2006 r 19 12.1.2006
varied by 239/2006 r 8(1) 14.12.2006
cl 2 inserted by 31/2000 r 7 4.5.2000
cl 3 inserted by 194/2002 r 5 17.10.2002
deleted by 234/2002 r 5 19.12.2002
cl 3 inserted by 9/2006 r 8 1.2.2006
cl 4 inserted by 239/2006 r 8(2) 14.12.2006
Sch 14A inserted by 6/2000 r 11 27.1.2000
varied by 21/2001 r 29 15.3.2001
cl 1 varied and redesignated as cl 1 by 239/2006 r 9(1), (2) 14.12.2006
cl 2 inserted by 239/2006 r 9(2) 14.12.2006
Sch 16 substituted by 39/1995 r 16 27.5.1995
Form 1 varied by 254/1997 r 23(a) 1.1.1998
Form 2 varied by 254/1997 r 23(b) 1.1.1998
Form 3 varied by 254/1997 r 23(c) 1.1.1998
Sch 17 deleted by 212/1994 r 5 1.1.1995
inserted by 39/1995 r 17 27.5.1995
varied by 254/1997 r 24 1.1.1998
Sch 18 substituted by 213/2001 r 6 6.9.2001
heading varied by 291/2007 r 8(1) 29.11.2007
cl 1 varied by 190/2003 r 16(1)—(7) 4.9.2003
varied by 291/2007 r 8(2), (3) 29.11.2007
cl 2 varied by 190/2003 r 16(8) 4.9.2003
deleted by 291/2007 r 8(4) 29.11.2007
cll 3 and 4 inserted by 241/2006 r 6 2.11.2006
Sch 19 varied by 275/1993 r 16 15.1.1994
varied by 254/1997 r 25 1.1.1998
substituted by 168/2003 r 11 1.10.2003
Sch 19A inserted by 168/2003 r 11 1.10.2003
Sch 20
cl 1 substituted by 149/1999 r 24 15.7.1999
Sch 21 substituted by 42/1995 r 10 1.5.1995
cl 1
cl 1(1) varied by 232/2003 r 10(1) 24.11.2003
cl 1(2) varied by 232/2003 r 10(2) 24.11.2003
cl 1(3) varied by 232/2003 r 10(3) 24.11.2003
cl 2
cl 2(1) deleted by 241/2006 r 7(1) 2.11.2006
cl 2(4) varied by 232/2003 r 10(4) 24.11.2003
cl 2(5) varied by 232/2003 r 10(5), (6) 24.11.2003
(b) deleted by 241/2006 r 7(2) 2.11.2006
cl 2(6) deleted by 241/2006 r 7(3) 2.11.2006
cl 3
cl 3(2) varied by 162/2001 r 4(a) 28.6.2001
cl 4
cl 4(1) varied by 162/2001 r 4(b) 28.6.2001
deleted by 241/2006 r 7(4) 2.11.2006
cl 4(2) deleted by 241/2006 r 7(4) 2.11.2006
cl 4(3) varied by 232/2003 r 10(7) 24.11.2003
deleted by 241/2006 r 7(4) 2.11.2006
cl 4(4) varied by 162/2001 r 4(c) 28.6.2001
cl 4(5) varied by 162/2001 r 4(d) 28.6.2001
cl 4(7) deleted by 241/2006 r 7(5) 2.11.2006
cl 4(8) varied by 162/2001 r 4(e) 28.6.2001
deleted by 241/2006 r 7(5) 2.11.2006
cl 4(9) varied by 162/2001 r 4(f) 28.6.2001
deleted by 241/2006 r 7(5) 2.11.2006
cl 5
cl 5(1) varied by 232/2003 r 10(8) 24.11.2003
varied by 253/2007 r 4 29.11.2007
cl 5(2) varied by 232/2003 r 10(9) 24.11.2003
cl 5(3) varied by 232/2003 r 10(10) 24.11.2003
deleted by 241/2006 r 7(6) 2.11.2006
cl 5(4) varied by 232/2003 r 10(11) 24.11.2003
cl 5(5) varied by 232/2003 r 10(12) 24.11.2003
cl 5(6) varied by 232/2003 r 10(13) 24.11.2003
cl 5(8) varied by 162/2001 r 4(g) 28.6.2001
varied by 232/2003 r 10(14) 24.11.2003
cl 6
cl 6(1) varied by 232/2003 r 10(15) 24.11.2003
cl 6(2) varied by 232/2003 r 10(16) 24.11.2003
cl 6(3) inserted by 232/2003 r 10(17) 24.11.2003
cl 7
cl 7(2) varied by 232/2003 r 10(18) 24.11.2003
cl 7(3) and (4) deleted by 241/2006 r 7(7) 2.11.2006
cl 7(6) deleted by 241/2006 r 7(8) 2.11.2006
cl 7(7) varied by 159/1995 r 8 20.7.1995
cl 7(9) varied by 21/2001 r 30 15.3.2001
Sch 22 substituted by 42/1995 r 10 1.5.1995
cl 3
cl 3(2) varied by 162/2001 r 5(a) 28.6.2001
cl 5
cl 5(1) varied by 162/2001 r 5(b) 28.6.2001
cl 5(4) varied by 162/2001 r 5(c) 28.6.2001
cl 6
cl 6(1) varied by 253/2007 r 5 29.11.2007
cl 6(11) varied by 162/2001 r 5(d) 28.6.2001
cl 7
cl 7(2) substituted by 230/2001 r 3 11.10.2001
Note omitted under the Legislation Revision and Publication Act 2002 3.6.2004
Sch 23 inserted by 61/1996 r 11 1.6.1996
(e) deleted by 186/2002 r 3(a) 26.9.2002
(l) deleted by 186/2002 r 3(b) 26.9.2002
Sch 24 inserted by 25/2001 r 23 2.4.2001
Sch 25 inserted by 236/2005 r 5 1.1.2006
2
item 6 substituted by 21/2006 r 4(1) 1.7.2006
varied by 235/2007 r 14(1) 27.9.2007
item 8 substituted by 21/2006 r 4(2) 1.7.2006
item 9 substituted by 21/2006 r 4(3) 1.7.2006
varied by 235/2007 r 14(2) 27.9.2007
item 10 substituted by 21/2006 r 4(4) 1.7.2006
varied by 235/2007 r 14(3) 27.9.2007
item 12 substituted by 21/2006 r 4(5) 1.7.2006
varied by 235/2007 r 14(4) 27.9.2007
4
item 18 varied by 21/2006 r 4(6) 1.7.2006
item 20 substituted by 21/2006 r 4(7) 1.7.2006
4A
item 20A inserted by 21/2006 r 4(8) 1.7.2006
6
item 23 substituted by 21/2006 r 4(9) 1.7.2006
varied by 210/2007 r 26 16.8.2007
item 24 substituted by 21/2006 r 4(10) 1.7.2006
varied by 210/2007 r 26 16.8.2007
item 25 varied by 210/2007 r 26 16.8.2007
item 26 substituted by 21/2006 r 4(11) 1.7.2006
item 28 substituted by 21/2006 r 4(12) 1.7.2006
varied by 210/2007 r 26 16.8.2007
item 30 substituted by 21/2006 r 4(13) 1.7.2006
varied by 210/2007 r 26 16.8.2007
item 30A inserted by 21/2006 r 4(13) 1.7.2006
varied by 210/2007 r 26 16.8.2007
7
item 31 varied by 210/2007 r 26 16.8.2007
item 32 varied by 21/2006 r 4(14) 1.7.2006
varied by 210/2007 r 26 16.8.2007
item 33 varied by 21/2006 r 4(15), (16) 1.7.2006
varied by 210/2007 r 26 16.8.2007
items 34—36 varied by 210/2007 r 26 16.8.2007
item 36A inserted by 21/2006 r 4(17) 1.7.2006
varied by 210/2007 r 26 16.8.2007
8
item 38 varied by 210/2007 r 26 16.8.2007
Sch 26 inserted by 12/2007 r 8 26.2.2007
varied by 51/2007 r 9 1.6.2007
Sch 27 inserted by 12/2007 r 8 26.2.2007
varied by 51/2007 r 10 1.6.2007

Transitional etc provisions associated with regulations or variations

Development (System Indicators) Variation Regulations 2005 (No 236 of 2005), Sch 1

1—Transitional provisions

  1. Subject to subclause (2), a body required to provide information under regulation 108 and Schedule 25 of the Development Regulations 1993 (as inserted by these regulations) must comply with the requirements of regulation 108(2) within 21 days after the end of the first quarter in 2006.

  2. The Minister may, by written notice to the relevant body, on application by that body, exempt a body from a requirement under regulation 108 or Schedule 25 of the Development Regulations 1993 (as inserted by these regulations) (or a requirement under subclause (1)) if the Minister is satisfied that the body would experience significant administrative difficulties if required to comply with the relevant requirement and that, in all the circumstances of the particular case, an exemption is reasonable.

  3. An exemption under subclause (2)—

    (a)may operate for a period determined by the Minister; and

    (b)may be granted subject to such conditions as the Minister thinks fit; and

    (c)may be varied or revoked by the Minister by subsequent notice to the relevant body.

Development (System Indicators) Variation Regulations 2006 (No 21 of 2006), Sch 1

1—Transitional provisions

  1. Subject to subclause (2), a body required to provide information under regulation 108 and Schedule 25 of the Development Regulations 1993 must comply with the requirements introduced by these regulations within 21 days after the end of the third quarter in 2006.

  2. The Minister may, by written notice to the relevant body, on application by that body, exempt a body from a requirement within the ambit of subclause (1) if the Minister is satisfied that the body would experience significant administrative difficulties if required to comply with the relevant requirement and that, in all the circumstances of the particular case, an exemption is reasonable.

  3. An exemption under subclause (2)—

    (a)may operate for a period determined by the Minister; and

    (b)may be granted subject to such conditions as the Minister thinks fit; and

    (c)may be varied or revoked by the Minister by subsequent notice to the relevant body.

Historical versions

Reprint No 1—8.2.1995
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Reprint No 3—27.5.1995
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Reprint No 46—1.7.2002
Reprint No 47—26.9.2002
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Reprint No 49—19.12.2002
Reprint No 50—1.1.2003
Reprint No 51—17.2.2003
Reprint No 52—29.5.2003
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Reprint No 55—1.10.2003
Reprint No 56—24.11.2003
Reprint No 57—1.1.2004
3.6.2004
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30.9.2004
30.6.2005 (electronic only)
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9.2.2006
16.2.2006
20.4.2006
1.5.2006
8.6.2006
1.7.2006
24.8.2006
28.9.2006
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9.11.2006
14.12.2006
26.2.2007
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1.7.2007
16.8.2007
30.8.2007
27.9.2007
29.11.2007
1.5.2008
1.7.2008

Appendix—Divisional penalties and expiation fees

At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division

Maximum imprisonment

Maximum fine

Expiation fee

1

15 years

$60 000

—

2

10 years

$40 000

—

3

7 years

$30 000

—

4

4 years

$15 000

—

5

2 years

$8 000

—

6

1 year

$4 000

$300

7

6 months

$2 000

$200

8

3 months

$1 000

$150

9

–

$500

$100

10

–

$200

$75

11

–

$100

$50

12

–

$50

$25

Note: This appendix is provided for convenience of reference only.

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