Development Regulations 2008 (SA)

South Australia

Development Regulations 2008

under the Development Act 1993

These regulations may be cited as the Development Regulations 2008.

1. (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. (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. (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.

4. (4)

   Unless the contrary intention appears, a reference in a Schedule, other than Schedule 1, to a particular category of zone will be taken to include a reference to any zone of that category that has an additional designation or specification1.

   Example—

   1For example, an additional designation or specification may be a street name, a distinguishing letter of the alphabet or a distinguishing number, or the name of an area.

5. (5)

   A reference in a Schedule, other than Schedule 1, to the natural surface of the ground, in relation to a proposed development, is a reference to existing ground level before the development is undertaken (disregarding any preparatory or related work that has been (or is to be) undertaken for the purposes of the development).

6. (6)

   In these regulations—

designated building means a building, or class of building, designated by the Minister in a notice under Schedule 5 clause 1(1)(h);

designated building product means a building product, or kind of building product, designated by the Minister in a notice under Schedule 5 clause 1(1)(h);

diplomatic mission development means development undertaken under the authority of a diplomatic mission of an overseas country associated with the provision of premises for the diplomatic mission (such as an embassy or consulate);

Flinders Chase National Park means Flinders Chase National Park as constituted (from time to time) under Part 3 of the National Parks and Wildlife Act 1972;

Flinders Chase National Park Tourism development means development of the following kind:

1. (a)

   development for the purposes of tourism in Flinders Chase National Park (whether or not the development is located within the Park or within the vicinity of the boundaries of the Park);

2. (b)

   development associated with or ancillary to development referred to in paragraph (a),

where the total amount to be applied to any work, when all stages of the development are completed, exceeds $1 000 000;

outbuilding does not include a private bushfire shelter;

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

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