Development Regulations 2008 (SA)

South Australia

Development Regulations 2008

under the Development Act 1993

Part 1Preliminary1Short title

These regulations may be cited as the Development Regulations 2008.

3Interpretation

(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.
(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)
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)
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:
(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);
(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;
Renewing our Streets and Suburbs Stimulus Program means the Renewing our Streets and Suburbs Stimulus Program established by the State Government and published in the Gazette on 3 September 2015 and expanded by notice published in the Gazette on 30 June 2016;
residential code development means any development that is complying development under clause 1(2) or (3), 2A, 2B or 2C of Schedule 4;
SA Motor sport Park means the land within the shaded area in the map set out in Schedule 31 and described as the "SA Motor sport Park Development Site";
State Coordinator‑General means the person appointed by the Governor to be the State's Coordinator‑General for the purposes of the Renewing our Streets and Suburbs Stimulus Program and to perform any other functions, or exercise any other powers, conferred on the State Coordinator‑General under these regulations, and includes a person from time to time acting as the State Coordinator‑General.
(7)
For the purposes of these regulations, there may be 1 or more Assistant State Coordinators‑General appointed by the Governor.
(8)
An Assistant State Coordinator‑General may—
(a)
act as the State Coordinator‑General when the State Coordinator‑General is absent or unable to act or when the office of State Coordinator‑General is vacant (and in the event that the Governor has appointed more than 1 Assistant State Coordinators‑General then the Minister will determine which Assistant State Coordinator‑General will act under this paragraph as the occasion arises); and
(b)
when not so acting, perform functions or exercise powers of the State Coordinator‑General delegated by the State Coordinator‑General.
(9)
A delegation for the purposes of subregulation (8)(b)—
(a)
must be by instrument in writing; and
(b)
may be absolute or conditional; and
(c)
does not derogate from the power of the State Coordinator‑General to act in a matter; and
(d)
may not be further delegated; and
(e)
is revocable at will.

4Adoption 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 2 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 1 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 2 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 2 units that is not within a building).
(3a)
The Building Code is, for the purposes of its adoption by these regulations, further modified as set out in regulation 80A.
(4)
In this regulation—
unit means a unit under the Strata Titles Act 1988 or a community lot under the Community Titles Act 1996.

5Application 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.
(2)
Pursuant to section 7(3) of the Act, section 33(1)(a) of the Act does not apply in relation to development within the SA Motor sport Park if the development has been approved by the State Coordinator‑General.
(3)
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 2 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.
(4)
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 (3)), 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.
(4a)
Pursuant to section 7(3)(b) of the Act, section 34 of the Act applies with the following prescribed variations during the period from the commencement of this subregulation until the designated day:
(1)
Section 34(1)(b)—after subparagraph (xi) insert:
(xii)
where the proposed development falls within a class of development designated by the Minister by notice published on the SA planning portal (kept under the Planning, Development and Infrastructure Act 2016),
(2)
Section 34(1a)—delete subsection (1a)
(3)
Section 34—after subsection (1a) insert:
(1ab)
If the Minister publishes a notice under subsection (1)(b)(xii), the State Planning Commission in acting as the relevant authority in relation to a proposed development to which the notice applies may, as it thinks fit, do either or both of the following:
(a)
adopt any assessment, finding or determination that was made by a relevant authority that has been acting in relation to the proposed development;
(b)
continue to assess the proposed development from the stage reached immediately before the Minister acted under that subsection.
(4b)
Pursuant to section 7(3)(b) of the Act, section 37 of the Act applies with the following prescribed variations during the period from the commencement of this subregulation until the designated day:
(1)
Section 37(3)(a)—after "time" insert:
(of a maximum of 5 business days)
(2)
Section 37—after subsection (3) insert:
(3a)
A prescribed body may only make a request under subsection (2) in relation to an application referred to it under this section on 1 occasion.
(4c)
Pursuant to section 7(3)(b) of the Act, section 44 of the Act applies with the following prescribed variation during the period from the commencement of this subregulation until the designated day:
Section 44—after subsection (4) insert:
(4a)
Subsection (4) does not apply to prevent—
(a)
a person who operates a shop used primarily for the sale of foodstuffs by retail from—
(i)
loading or unloading goods at the shop at any time; or
(b)
a person who owns, controls or operates premises of a kind specified by the Minister by notice published on the SA planning portal (kept under the Planning, Development and Infrastructure Act 2016) from loading or unloading goods at the premises at any time.
(5)
In this regulation—
designated day means the earlier of the following days:
(a)
the day designated by the Minister by notice in the Gazette;
(b)
the day on which Schedule 6 Part 2 of the Planning, Development and Infrastructure Act 2016 comes into operation;
Note—
Schedule 6 Part 2 of the Planning, Development and Infrastructure Act 2016 repeals the Development Act 1993.
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.

5APresumption with respect to 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).

5AAExclusion of certain classes of development from requirement to obtain development plan consent

Pursuant to section 33(4a) of the Act, the classes of development within the ambit of Schedule 1A are excluded from the operation of paragraph (a) of section 33(1).

Part 2Development6Additions to definition of development

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

6ARegulated and significant trees

(1)
Subject to this regulation, the following are declared to constitute classes of regulated trees for the purposes of paragraph (a) of the definition of regulated tree in section 4(1) of the Act, namely trees within the designated area under subregulation (3) that have a trunk with a circumference of 2 metres or more or, in the case of trees with multiple trunks, that have trunks with a total circumference of 2 metres or more and an average circumference of 625 millimetres or more, measured at a point 1 metre above natural ground level.
(2)
Subject to this regulation—
(a)
a prescribed criterion for the purposes of paragraph (b) of the definition of significant tree in section 4(1) of the Act is that a regulated tree under subregulation (1) has a trunk with a circumference of 3 metres or more or, in the case of a tree with multiple trunks, has trunks with a total circumference of 3 metres or more and an average circumference of 625 millimetres or more, measured at a point 1 metre above natural ground level; and
(b)
regulated trees under subregulation (1) that are within the prescribed criterion under paragraph (a) are to be taken to be significant trees for the purposes of the Act.
(3)
For the purposes of subregulation (1), 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.
(4)
For the purposes of subregulations (1) and (2), 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.
(5)
Subregulations (1) and (2) do not apply—
(a)
to a tree located within 10 metres of an existing dwelling or an existing in‑ground swimming pool, other than a tree within 1 of the following species of trees:
Agonis flexuosa (Willow Myrtle)
Eucalyptus (any tree of the species); or
(b)
to a tree within 1 of the following species of trees:
Acer negundo (Box Elder)
Acer saccharinum (Silver Maple)
Ailanthus altissima (Tree of heaven)
Alnus acuminate subsp. Glabrata (Evergreen Alder)
Celtis australis (European Nettle Tree)
Celtis sinensis (Chinese Nettle Tree)
Cinnamomum camphora (Camphor Laurel)
Cupressus macrocarpa (Monterey Cypress)
Ficus spp. (Figs), other than Ficus macrophylla (Morton bay fig) located more than 15 metres from a dwelling
Fraxinus angustifolia (Narrow‑leaved Ash)
Fraxinus angustifolia ssp. Oxycarpa (desert ash)
Pinus Radiata (Radiata Pine / Monterey Pine)
Platanus x acerifolia (London Plane)
Populus alba (White poplar)
Populus nigra var. italica (Lombardy Poplar)
Robinia pseudoacacia (Black Locust)
Salix babylonica (Weeping Willow)
Salix chilensis 'Fastigiata' (Chilean Willow, Evergreen Willow, Pencil Willow)
Salix fragilis (Crack Willow)
Salix X rubens (White Crack Willow, Basket Willow)
Salix X sepulcralis var. chrysocoma (Golden Weeping Willow)
Schinus areira (Peppercorn Tree); or
(c)
to 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
(d)
to a tree that may not be cleared without the consent of the Native Vegetation Council under the Native Vegetation Act 1991; or
(e)
to a tree planted as part of a woodlot, orchard or other form of plantation created for the purpose of growing and then harvesting trees or any produce; or
(ea)
a tree if the tree is located at a site where it is proposed to undertake development that has been approved by the State Coordinator‑General for the purposes of a diplomatic mission development, other than where the site is a site where a State heritage place is situated; or
(f)
a tree if the tree is located at a site where it is proposed to undertake development that has been approved by the State Coordinator‑General for the purposes of the Renewing our Streets and Suburbs Stimulus Program, other than where the site is a site where a State heritage place is situated.
(7)
For the purposes of subregulation (5), the distance between a dwelling or swimming pool and a tree will be measured from the base of the trunk of the tree (or the nearest trunk of the tree to the dwelling or swimming pool) to the nearest part of the dwelling or swimming pool at natural ground level.
Note—
The scheme set out in subregulations (1) to (7) relates to the declaration of trees to be regulated trees or significant trees by regulations under the Act. A tree may also be declared to be a significant tree by the relevant Development Plan, and such a declaration has effect independently from those subregulations.
(8)
For the purposes of the definition of tree damaging activity in section 4(1) of the Act, pruning—
(a)
that does not remove more than 30% of the crown of the tree; and
(b)
that is required to remove—
(i)
dead or diseased wood; or
(ii)
branches that pose a material risk to a building; or
(iii)
branches to a tree that is located in an area frequently used by people and the branches pose a material risk to such people,
is excluded from the ambit of that definition.

6BAboveground 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 1 January 2004, 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 or Schedule 3A.
(3)
In this regulation—
swimming pool includes—
(a)
a paddling pool; and
(b)
a spa pool (but not a spa bath).

6CExternal painting in prescribed areas

For the purposes of paragraph (faa) of the definition of development in section 4(1) of the Act, an area identified for the purposes of this regulation by the Minister by notice in the Gazette published on 16 December 2010 will constitute a prescribed area.

7Exclusions from 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.
(2)
An exclusion is subject to any condition or limitation prescribed by Schedule 3 for the relevant act or activity.
(3)
An exclusion under Schedule 3 does not apply in respect to a State heritage place.
(4)
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.

(5)
Nothing in this regulation or Schedule 3 affects the operation of Schedule 3A.

8Exclusions from 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.

8AComplying development – development plan consent

(1)
The following provisions apply for the purposes of sections 33(1) and 35 of the Act (subject to subregulation (2)):
(a)
a proposed development lodged with a relevant authority for assessment against a development plan is declared to constitute "a complying development under the regulations and relevant development plan" for the purposes of section 35(1) of the Act (and accordingly constitutes development plan consent within the meaning of section 33(1)(a) of the Act) if—
(i)
in the case of a proposed development lodged for assessment as residential code development—the development is assessed by the relevant authority as being in a form described in Schedule 4 clause 1(2) or (3), 2A, 2B or 2C (including a form specified or provided for in a relevant Development Plan referred to in Schedule 4 clause 1(2) or (3), 2A, 2B or 2C); or
(ii)
in any other case—the development is assessed by the relevant authority as being in a form described in Schedule 4 Part 1 (including a form specified or provided for in a relevant Development Plan referred to in Schedule 4 Part 1);
(b)
for the purposes of section 35(1b) of the Act—
(i)
a reference to "complying development" (first occurring in section 35(1b)) includes a reference to complying development of a kind declared under paragraph (a); and
(ii)
a reference to "a minor variation from complying development" is a reference to a variation from complying development (including complying development as declared under paragraph (a)) that is, in the opinion of the relevant authority, minor; and
(iii)
nothing in the Act or these regulations prevents a relevant authority from determining that 2 or more minor variations, when taken together, constitute a "minor variation from complying development".
(2)
If a private certifier has been engaged in relation to a proposed development lodged for assessment as residential code development (with the certifier having authority to make such an assessment pursuant to regulation 89(1)(aaa) and (aa))—
(a)
the following assessments must be made by that private certifier (subject to the certifier's right to refer a matter under Part 12 of the Act):
(i)
an assessment of whether the proposed development is in the form of complying development as referred to in subregulation (1)(a)(i);
(ii)
an assessment of whether any departure in the proposed development from the form of complying development as referred to in subregulation (1)(a)(i) constitutes a "minor variation from complying development" referred to in section 35(1b) of the Act and subregulation (1)(b) (thus enabling the certifier to determine that the development is complying development under section 35(1b)); and
(b)
the private certifier may, following the certifier's assessment of the matters referred to in paragraph (a), certify that the proposed development complies with the provisions of the appropriate development plan (and accordingly, section 35(6) of the Act will apply in relation to the certification).
(3)
However—
(a)
subregulation (1) does not apply in relation to—
(i)
development that affects a State heritage place; or
(ii)
development in the River Murray Flood Zone or the River Murray Zone (other than the Primary Production Policy Area within that zone); or
(iii)
development to the extent excluded under a provision of Schedule 4 Part 1; and
(b)
a provision in a development plan cannot affect the classification of a form of development as complying development under these regulations.

8BComplying building work – building rules

(1)
For the purposes of section 36(1) of the Act, building work assessed by a relevant authority as being in a form specified in Schedule 4 Part 2 (including a form specified or provided for in the Building Code referred to in Schedule 4 Part 2) is declared to comply with the building rules.
(2)
However, subregulation (1) does not apply in relation to—
(a)
building work that affects a State heritage place; or
(b)
building work to the extent excluded under a provision of Schedule 4 Part 2.

Part 3Development plans9Statement 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.

9AInfrastructure 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.

10Consultation with 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:
1. (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;
2. (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;
3. (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).

10AConsultation 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.

11Prescribed 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.

11APublic 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 times 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)
if the amendment has been prepared by a council—to the council;
(ii)
if 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 meeting 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)
if the amendment has been prepared by a council—by the council;
(b)
if 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.

12Public 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)
if the amendment has been prepared by a council—the council (or a committee appointed by the council);
(b)
if 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 11A(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.

13Council 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.

13ALapse of DPA – section 25

For the purposes of section 25(21a) of the Act, the prescribed period is 30 days commencing from the latter of the following 2 events:
(a)
the expiration of any relevant period applying under section 25(19) of the Act;
(b)
the lapsing of 5 years since agreement was reached on the Statement of Intent under section 25(1) of the Act.

14Prescribed 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 Places Act 1993;
(e)
any regulation relating to the development of land under the Electricity Act 1996;
(f)
a management plan (or part of a management plan) under the Fisheries Management Act 2007;
(g)
an aquaculture policy under the Aquaculture Act 2001;
(h)
the State Water Plan or a plan (or a part of any such plan) prepared under Part 7 of the Water Resources Act 1997;
(i)
an NRM plan (or a part of any such plan) prepared under Chapter 4 of the Natural Resources Management Act 2004.

Part 4Applications for development approval15Application 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 includes the particulars required to be supplied by that form; and
(c)
must be accompanied by 3 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 (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:
(aa)
if an application seeks only development plan consent, the fee must not exceed the base amount (within the meaning of Schedule 6 item 1(1));
(a)
if 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 Schedule 5 and Schedule 6 to such extent as may be appropriate to the matters for which consent is sought;
(ab)
an applicant must not be required to comply with a requirement under Schedule 5 or Schedule 6 unless the requirement is directly relevant to the application;
(b)
if—
(i)
the application relates to a proposed development that involves the division of land; 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; or
(iv)
the proposed development has been approved by the State Coordinator‑General for the purposes of the Renewing our Streets and Suburbs Stimulus Program, Flinders Chase National Park Tourism development or a diplomatic mission development; or
(v)
the Development Assessment Commission is the relevant authority for the proposed development pursuant to Schedule 10 clause 20,
the application must be lodged with the Development Assessment Commission instead of with a council;
(c)
if the application relates to a proposed development that involves the division of land—the application must be accompanied by 9 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);
(d)
if the application relates to a proposed development in—
(i)
the area of the Corporation of the City of Adelaide for which the Development Assessment Commission is the relevant authority under clause 4B of Schedule 10; or

(ii)
any part of the area of the following councils for which the Development Assessment Commission is the relevant authority under clause 4C of Schedule 10:
(A)
the City of Burnside;
(AB)
the City of Holdfast Bay;
(B)
the Corporation of the City of Norwood Payneham & St Peters;
(C)
the City of Prospect;
(D)
the Corporation of the City of Unley;
(E)
the City of West Torrens; or
(iii)
that part of the area of the City of Port Adelaide Enfield defined in the relevant Development Plan as the Regional Centre Zone for which the Development Assessment Commission is the relevant authority under clause 5 or 6 of Schedule 10,
the application must be lodged with the Development Assessment Commission and not with the relevant council.
(4)
If an application is lodged with a council but a regional development assessment panel is the relevant authority, the council must—
(a)
retain 1 copy of the application, and 1 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.
(5)
If an application is lodged with a council but the Development Assessment Commission is the relevant authority, the council must—
(a)
retain 1 copy of the application, and 1 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, including details of each fee component paid, to the Development Assessment Commission within 5 business days after their receipt by the council.
(6)
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)
3 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 5 business days after their receipt by the Development Assessment Commission under subregulation (3).
(7)
However—
(a)
the Development Assessment Commission may request an applicant to provide such additional documents or information before forwarding the documents under subregulation (6) 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 (6); and
(b)
the Development Assessment Commission will be taken to have complied with subregulation (6) 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.
(7a)
If an application is lodged with a private certifier for the purposes of obtaining a development plan consent from the private certifier, the private certifier must forward to the council in whose area the development is situated (or, if the proposed development is to be undertaken in a part of the State that is not within the area of a council, to the Development Assessment Commission)—
(a)
a copy of the application form (excluding any accompanying plans, drawings, specifications or other documents or information referred to in subregulation (1)(c)); and
(b)
notification as to the date on which the application was received by the private certifier; and
(c)
the base amount of the Lodgement Fee payable under Schedule 6,
within 2 business days after their receipt by the private certifier.
(7b)
A council (or, if the case requires, the Development Assessment Commission) must, within 2 business days of receipt of a copy of an application form under subregulation (7a), furnish to the private certifier—
(a)
the Development Assessment number assigned to the development proposed under the application; and
(b)
if the private certifier, at the time of forwarding a copy of an application form under subregulation (7a), requests advice on the matters set out in subparagraphs (i) and (ii), and if such advice is relevant—
(i)
advice about any site contamination that is believed to exist at the site where the development would be undertaken; and
(ii)
advice about the likely need for approval to alter a public road under section 221 of the Local Government Act 1999 in order to establish a new access point; and
(iii)
advice about whether the relevant development plan specifies any requirements relating to finished floor levels (expressed by reference to AHD or ARI) in relation to the site where the development would be undertaken.
(7c)
If a private certifier requests advice under subregulation (7b)(b), the private certifier may not give a certificate under section 89 of the Act in relation to the development to which the request relates until—
(a)
at least 2 business days after the making of the request; or
(b)
the receipt of the advice from the council (or, if the case requires, the Development Assessment Commission),
whichever occurs earlier.
(8)
Pursuant to section 54(2)(c) of the Act, the period of 4 weeks from the commencement of the relevant work, or such longer period as a relevant authority may allow, is prescribed.
(9)
Pursuant to section 54A(2)(c) of the Act, the period of 4 weeks from the performance of the relevant tree‑damaging activity, or such longer period as a relevant authority may allow, is prescribed.
(10)
Despite a previous subregulation, if 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 3 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 5 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.
(11)
The relevant authority may modify the requirements of Schedule 5 in relation to a particular application, subject to the following qualifications:
(a)
in the case of an application that is lodged with a relevant authority for assessment as residential code development—the requirements of Schedule 5 may not be modified in any way by the relevant authority assessing the application (whether so as to require more or less information), except on authority of the Minister under section 39(1)(a) of the Act;
(b)
in any other case, the relevant authority must not, when requiring plans, drawings, specifications and other documents in relation to the application, require the applicant to provide more information than that specified under Schedule 5 (subject to section 39 of the Act).
(12)
The relevant authority may, in exercising its discretion under section 39(4)(b) of the Act, dispense with the requirements of Schedule 5 in relation to a particular application.
(13)
In this regulation—
AHD, in relation to the potential for inundation, means Australian height datum;
ARI means average recurrence interval of a flood event.

16Nature 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.
(3)
If an application in relation to a proposed development identifies the development as residential code development or designated development and the relevant authority is of the opinion that the development is residential code development or designated development, the relevant authority must, within 5 business days of receipt of the application, by notice in writing, inform the applicant of that fact.
(4)
If an application in relation to a proposed development identifies the development as residential code development or designated development, but the relevant authority is of the opinion that the development is not residential code development or designated development, the relevant authority must, within 5 business days of receipt of the application, by notice in writing, inform the applicant of that fact and the reasons for the relevant authority's opinion.
(5)
In this regulation—
designated development means development that falls within the ambit of any of clauses 3to9 (inclusive) of Schedule 1A.

17Non‑complying development

(1)
If 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.

18Notification 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 regulated tree relates is not a party to the application, the relevant authority must—
(a)
give the owner notice of the application within 5 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).

18AApplication and provision of information

(1)
For the purposes of section 39(2a)(b) of the Act, residential code development is prescribed.
(2)
For the purposes of section 39(2b)(a) of the Act, the following classes of development are prescribed:
(a)
any development that is complying development (other than residential code development);
(b)
any development that is merit development.
(3)
For the purposes of section 39(2b)(d) of the Act, the period of 15 business days from the date of the receipt of the application by the relevant authority is prescribed.

19Period for additional information and other matters

(1)
Pursuant to section 39(3)(b) of the Act, if a request is made by a relevant authority under section 39(2) of the Act, the request must be complied with by the applicant as follows:
1. (a)
  in the case of a request in respect of development that falls within a class of development prescribed by these regulations for the purposes of section 39(2b)(a) of the Act—within the period of 30 days from the date of the request;
2. (b)
  in any other case—within the period of 3 months from the date of the request.
(2)
For the purposes of section 39(5a) of the Act—
1. (a)
  if an applicant requests time to address any issue related to an application (including so as to prepare and submit any variation), any period of time in excess of 10 business days required by the applicant is to be included in the time within which the relevant authority is required to decide the application; and
2. (b)
  if an applicant requires time to respond to any matter raised by a person or body in connection with an application under the Act, any period of time in excess of 30 days required by the applicant is to be included in the time within which the relevant authority is required to decide the application.

20Amended 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.
(2)
However, subregulation (1) does not apply if the relevant authority is of the opinion that the variations to the application are not substantial.
(3)
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.
(4)
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 Part 6.
(5)
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.

21Certification 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)
if 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)
if 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; or
(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).

22Withdrawing/lapsing application

(1)
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.
(2)
A relevant authority may lapse an application for a development authorisation under Part 4 of the Act if at least 2 years have passed since the date on which the application was lodged with the relevant authority under the Act.
(3)
A relevant authority must, before it takes action to lapse an application under subregulation (2)—
(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.
(4)
An applicant is not entitled to a refund of any fees if an application is lapsed under this regulation.
(5)
If—
(a)
an application relates to a Category 2 or 3 development; and
(b)
at least 2 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.

23Contravening 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 5Referrals and concurrence24Referrals

(1)
Pursuant to section 37 of the Act, if 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—
(i)
in the case of an application referred after the commencement of the Development (Public Health Emergency) Variation Regulations 2020 and before 30 September 2020—within 20 business days of the referral; or

(ii)
in any other case—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 5 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).
(5)
Schedule 8 does not apply to any development that has been approved by the State Coordinator‑General for the purposes of the Renewing our Streets and Suburbs Stimulus Program, Flinders Chase National Park Tourism development or a diplomatic mission development.
(6)
Schedule 8 does not apply to any development within the area of a precinct master plan adopted (and in effect) under the Urban Renewal Act 1995.
(7)
Schedule 8 does not apply to any development within the ambit of Schedule 1A clause 17.

25Procedure where concurrence required

If 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 (including the date of lodgement), 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 (including a copy of any report prepared by the Development Assessment Commission, council or regional development assessment panel relating to the application); 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)
if a statement of support under regulation 17(1) is required—a copy of the statement; and
(va)
a copy of any minutes of a meeting of the Development Assessment Commission, council or regional development assessment panel relating to the application; and
(vb)
a copy of any declarations required to be made in relation to the application under the Act or these regulations; and
(vi)
a copy of the conditions (if any) that the relevant authority proposes to attach to its approval (if given); and
(vii)
a written acknowledgment that the appropriate fees have been paid, including details of each fee component paid.

26Form of response

(1)
2 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 fax).
(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).

27Additional 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.

28Special provisions – referrals

(1)
In this regulation—
related operational Act means a related operational Act under the River Murray Act 2003.
(2)
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).
(3)
If a 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.
(4)
If a report is not received from the fire authority on a referral under subregulation (3) within 20 business days, the relevant authority may presume that the fire authority does not desire to make a report.
(5)
The relevant authority must have regard to any report received from a fire authority under this regulation.
(5a)
If, in respect of an application referred to a fire authority under this regulation, the fire authority—
(a)
recommends against the granting of building rules consent; or
(b)
concurs in the granting of consent on conditions specified in its report,
but the relevant authority—
(c)
proposes to grant building rules consent despite a recommendation referred to in paragraph (a); or
(d)
does not propose to impose the conditions referred to in paragraph (b), or proposes to impose the conditions in varied form, on the grant of consent,
the relevant authority—
(e)
must refer the application to the Building Rules Assessment Commission; and
(f)
must not grant consent unless the Building Rules Assessment Commission concurs in the granting of the consent.
(6)
A relevant authority must provide to the Building Rules Assessment Commission a copy of any report received from a fire authority under subregulation (3) that relates to an application that is referred to the Building Rules Assessment Commission under the Act.
(7)
For the purposes of subsection (2c) of section 36 of the Act, building work comprising or including the construction or installation of a private bushfire shelter must not be granted a building rules consent unless the Building Rules Assessment Commission concurs in the granting of the consent.

29Land 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 8 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 4 weeks for a response from that agency.

30Underground 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 8 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.

31Appeals

(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.

31APreliminary 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).
(3)
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.
(4)
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.
(5)
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).
(6)
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).
(7)
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.
(8)
If—
(a)
an application is lapsed by a relevant authority under regulation 22; 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.
(9)
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 6Public notice and consultation32Public notice categories

(1)
This regulation assigns forms of development to categories for the purposes of section 38 of the Act.
Note—
Section 38(2a) provides that an assignment cannot extend to a particular development if that development involves, or is for the purposes of, a prescribed activity of environmental significance as defined by the Environment Protection Act 1993.
(2)
Subject to subregulation (3), a form of development specified in Schedule 9 Part 1 is assigned to Category 1.
(3)
The following forms of development are assigned to Category 2:
(a)
a form of development specified in Schedule 9 Part 1 that cannot be assigned to Category 1 because of section 38(2a) of the Act;
(b)
a form of development that would be assigned to Category 1 by the relevant Development Plan but for section 38(2a) of the Act;
(c)
a form of development specified in Schedule 9 Part 2.
(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)
A form of development that comprises 2 or more elements (as set out in the relevant application or as determined by the relevant authority) is assigned as follows:
(a)
subject to paragraph (b)(i), the form of development is assigned to Category 1 if all of the elements are within Schedule 9 Part 1;
(b)
the form of development is assigned to Category 2—
(i)
if all the elements are within Schedule 9 Part 1 but the form of development cannot be assigned to Category 1 because of section 38(2a) of the Act; or
(ii)
if all of the elements are within Schedule 9 Part 1 or Part 2 (with at least 1 element within Part 2).
(6)
In the case of residential code development, development on land within Metropolitan Adelaide exceeding 10 000 square metres occupied by a university or a tree-damaging activity, the assignment of a form of that development to a category by Schedule 9 prevails to the extent of any inconsistency with a Development Plan but in any other case an assignment by a Development Plan will prevail.

33Giving of notice

(1)
A 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)
if 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 1 occasion.

34Public 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).
(3)
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.
(4)
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;
(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.

35Lodging 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

1.7.2017
varied by 166/2018 r 6	1.7.2018
varied by 135/2019 r 7	1.7.2019
varied by 207/2020 r 6	1.7.2020
r 118	inserted by 206/2012 r 4	6.9.2012
r 118(a1)	inserted by 270/2012 r 4	1.1.2013
r 118(1)	varied by 113/2013 r 7(1), (2)	1.7.2013
varied by 104/2014 r 7(1), (2)	1.7.2014
varied by 84/2015 r 7(1), (2)	1.7.2015
varied by 106/2016 r 7(1), (2)	1.7.2016
varied by 113/2017 r 7(1), (2)	1.7.2017
varied by 166/2018 r 7(1), (2)	1.7.2018
varied by 135/2019 r 8(1), (2)	1.7.2019
varied by 207/2020 r 7(1), (2)	1.7.2020
r 119	inserted by 59/2017 r 5	23.5.2017
varied by 166/2018 r 8	1.7.2018
varied by 135/2019 r 9	1.7.2019
varied by 207/2020 r 8	1.7.2020
Sch 1
bulky goods outlet or retail showroom	inserted by 23/2010 r 4(1)	1.6.2010
retail showroom	deleted by 23/2010 r 4(2)	1.6.2010
service trade premises	substituted by 23/2010 r 4(3)	1.6.2010
shop	varied by 23/2010 r 4(4)	1.6.2010
Sch 1A
cl 1
cl 1(1)	cl 1 varied and redesignated as cl 1(1) by 20/2009 r 13(1), (2)	1.3.2009
cl 1(2)	inserted by 20/2009 r 13(2)	1.3.2009
AHD	inserted by 150/2012 r 6(1)	1.8.2012
ARI	inserted by 150/2012 r 6(1)	1.8.2012
attributable walls or structures	varied by 245/2010 r 17(1)	2.12.2010
deleted by 150/2012 r 6(1)	1.8.2012
building line	inserted by 150/2012 r 6(1)	1.8.2012
Flood Management Zone/Area	varied by 150/2012 r 6(2)	1.8.2012
Historic Conservation Zone/Area	varied by 245/2010 r 17(2)	2.12.2010
relevant wall or structure	inserted by 150/2012 r 6(3)	1.8.2012
cl 1(3)	inserted by 20/2009 r 13(2)	1.3.2009
varied by 150/2012 r 6(4)	1.8.2012
varied by 273/2016 r 9(1)	8.12.2016
cl 1(4)	inserted by 20/2009 r 13(2)	1.3.2009
varied by 245/2010 r 17(3)	2.12.2010
cl 3
cl 3(1)	cl 3 inserted by 20/2009 r 13(3)	1.3.2009
cl 3 varied by 219/2009 r 4	13.8.2009
cl 3 varied by 245/2010 r 17(4)—(6)	2.12.2010
cl 3 varied and redesignated as cl 3(1) by 150/2012 r 6(5)—(15)	1.8.2012
varied by 273/2016 r 9(2)	8.12.2016
cl 3(2)	inserted by 150/2012 r 6(15)	1.8.2012
cl 4
cl 4(1)	cl 4 inserted by 20/2009 r 13(3)	1.3.2009
cl 4 varied by 245/2010 r 17(7), (8)	2.12.2010
cl 4 varied and redesignated as cl 4(1) by 150/2012 r 6(16)—(23)	1.8.2012
varied by 273/2016 r 9(3)	8.12.2016
cl 4(2)	inserted by 150/2012 r 6(23)	1.8.2012
cl 5
cl 5(1)	cl 5 inserted by 20/2009 r 13(3)	1.3.2009
cl 5 redesignated as cl 5(1) by 245/2010 r 17(9)	2.12.2010
varied by 150/2012 r 6(24)	1.8.2012
varied by 178/2015 r 20(1), (2)	25.6.2015
cl 5(2)	inserted by 245/2010 r 17(9)	2.12.2010
cl 5(3)	inserted by 313/2013 r 7(1)	1.1.2014
cl 6
cl 6(1)	cl 6 inserted by 20/2009 r 13(3)	1.3.2009
cl 6 varied by 150/2012 r 6(25)	1.8.2012
cl 6 redesignated as cl 6(1) by 313/2013 r 7(2)	1.1.2014
cl 6(2)	inserted by 313/2013 r 7(2)	1.1.2014
cl 7
cl 7(1)	cl 7 inserted by 20/2009 r 13(3)	1.3.2009
cl 7 varied by 245/2010 r 17(10)	2.12.2010
cl 7 varied and redesignated as cl 7(1) by 150/2012 r 6(26)—(31)	1.8.2012
cl 7(2)	inserted by 150/2012 r 6(31)	1.8.2012
cl 8	inserted by 20/2009 r 13(3)	1.3.2009
varied by 150/2012 r 6(32), (33)	1.8.2012
cl 9	inserted by 20/2009 r 13(3)	1.3.2009
cl 9A	inserted by 192/2010 r 6	26.8.2010
varied by 150/2012 r 6(34)	1.8.2012
cl 10
cl 10(1)	cl 10 inserted by 20/2009 r 13(3)	1.3.2009
cl 10 redesignated as cl 10(1) by 59/2017 r 6	23.5.2017
cl 10(2)	inserted by 59/2017 r 6	23.5.2017
cl 10(2a) and (2b)	inserted by 243/2019 r 4(1)	28.11.2019
cl 10(3)	inserted by 59/2017 r 6	23.5.2017
prescribed area	inserted by 243/2019 r 4(2)	28.11.2019
cl 11	inserted by 20/2009 r 13(3)	1.3.2009
cl 11(1)	varied by 277/2017 r 7(1)	19.9.2017
cl 12	inserted by 20/2009 r 13(3)	1.3.2009
cl 12(1)	varied by 277/2017 r 7(2)	19.9.2017
cl 12(1a)	inserted by 277/2017 r 7(3)	19.9.2017
cl 13	inserted by 18/2009 r 11	1.3.2009
expired: cl 13(3)—omitted under Legislation Revision and Publication Act 2002	(31.12.2012)
inserted by 156/2013 r 10	6.6.2013
expired: cl 13(3)—omitted under Legislation Revision and Publication Act 2002	(31.12.2014)
inserted by 205/2015 r 10	3.9.2015
cl 13A	inserted by 1/2021 r 9	21.1.2021
cl 14	inserted by 34/2009 r 8	9.4.2009
expired: cl 14(3)—omitted under Legislation Revision and Publication Act 2002	(31.12.2012)
cl 14	inserted by 227/2016 r 10	15.9.2016
cl 15	inserted by 50/2011 r 5	2.6.2011
cl 16	inserted by 173/2012 r 4	12.7.2012—disallowed 28.11.2012
inserted by 178/2015 r 20(3)	25.6.2015
cl 17	inserted by 31/2018 r 5	8.4.2018
cl 17(4)	varied by 26/2021 r 4	4.3.2021
Sch 2
cl 3	varied by 178/2015 r 21(1), (2)	25.6.2015
cl 9
cl 9(2)	varied by 216/2018 r 4	4.2.2019
Sch 3
cl 2
cl 2(1)	varied by 245/2010 r 18(1)	2.12.2010
cl 3
cl 3(1a)	inserted by 5/2017 r 5(1)	27.1.2017
cl 3(2)	varied by 178/2015 r 22(1), (2)	25.6.2015
cl 3(2a)	inserted by 178/2015 r 22(3)	25.6.2015
cl 4
cl 4(1)	varied by 287/2008 r 4	27.11.2008
varied by 307/2008 r 4(1)—(5)	1.1.2009
varied by 219/2009 r 5(1)—(4)	13.8.2009
varied by 245/2010 r 18(2), (3)	2.12.2010
varied by 150/2012 r 7(1)—(5)	1.8.2012
(f)(i)(B) deleted by 178/2015 r 22(4)	25.6.2015
varied by 178/2015 r 22(5), (6)	25.6.2015
varied by 23/2020 r 4(1)	5.3.2020
cl 4(1a) and (1b)	inserted by 307/2008 r 4(6)	1.1.2009
cl 4(3)	varied by 307/2008 r 4(7), (8)	1.1.2009
cl 4(4)	varied by 307/2008 r 4(9)	1.1.2009
cl 4(4a) and (4b)	inserted by 18/2010 r 4	18.2.2010
cl 4(4c)	inserted by 261/2010 r 5	1.1.2011
cl 4(7a)	inserted by 307/2008 r 4(10)	1.1.2009
cl 4(8)
AHD	inserted by 150/2012 r 7(6)	1.8.2012
ARI	inserted by 150/2012 r 7(6)	1.8.2012
masonry	inserted by 178/2015 r 22(7)	25.6.2015
road	inserted by 307/2008 r 4(11)	1.1.2009
cl 5
cl 5(2)	varied by 218/2015 r 4	15.10.2015
varied by 3/2017 r 4(1)	27.1.2017
varied by 23/2020 r 4(2)	5.3.2020
cl 5(3)	inserted by 3/2017 r 4(2)	27.1.2017
cl 9	varied by 301/2017 r 8	7.11.2017
cl 12
cl 12(1)	varied by 307/2008 r 4(12)	1.1.2009
varied by 219/2009 r 5(5)	13.8.2009
cl 13
cl 13(1)	varied by 275/2008 r 4(1)	16.10.2008
varied by 200/2019 r 4	15.8.2019
cl 13(1a)	inserted by 275/2008 r 4(2)	16.10.2008
cl 13(4)	varied by 275/2008 r 4(3)	16.10.2008
cl 13(4a)	inserted by 178/2015 r 22(8)	25.6.2015
cl 13(5)
infrastructure	inserted by 275/2008 r 4(4)	16.10.2008
varied by 178/2015 r 22(9)	25.6.2015
rail infrastructure	deleted by 275/2008 r 4(4)	16.10.2008
railway land	varied by 275/2008 r 4(5)	16.10.2008
cl 15	inserted by 307/2008 r 4(13)	1.1.2009
cl 15(2)	substituted by 59/2017 r 7	23.5.2017
cl 16	inserted by 42/2009 r 4	23.4.2009
cl 17	inserted by 237/2011 r 8	17.11.2011
cl 18	inserted by 183/2014 r 4	26.6.2014
cl 19	inserted by 5/2017 r 5(2)	27.1.2017
cl 20	inserted by 10/2018 r 4	23.1.2018
cl 20(1)	varied by 70/2018 r 4(1)	7.6.2018
cl 20(2)
designated Osborne area	substituted by 70/2018 r 4(2)	7.6.2018
cl 21	inserted by 23/2020 r 4(3)	5.3.2020
Sch 3A
cl 4
cl 4(1)	varied by 178/2015 r 23(1)	25.6.2015
cl 4(7)	varied by 15/2016 r 4	18.2.2016
cl 4(8)
masonry	inserted by 178/2015 r 23(2)	25.6.2015
Sch 4
Pt 1
heading	substituted by 273/2016 r 10(1)	8.12.2016
cl A1	deleted by 273/2016 r 10(2)	8.12.2016
cl 1
cl 1(1)	varied by 307/2008 r 5(1)	1.1.2009
varied by 20/2009 r 14(1), (3), (4)	1.3.2009
(b) and (c) deleted by 20/2009 r 14(2)	1.3.2009
varied by 219/2009 r 6	13.8.2009
varied by 245/2010 r 19(1)	2.12.2010
(d), (e) and (f) deleted by 245/2010 r 19(2)	2.12.2010
cl 1(2)	substituted by 20/2009 r 14(5)	1.3.2009
varied by 245/2010 r 19(3)—(6)	2.12.2010
varied by 150/2012 r 8(1)—(9)	1.8.2012
varied by 273/2016 r 10(3)	8.12.2016
cl 1(2a)	inserted by 150/2012 r 8(10)	1.8.2012
varied by 273/2016 r 10(4)	8.12.2016
cl 1(3)	substituted by 20/2009 r 14(5)	1.3.2009
varied by 245/2010 r 19(7)—(9)	2.12.2010
varied by 150/2012 r 8(11)—(17)	1.8.2012
varied by 273/2016 r 10(5)	8.12.2016
cl 1(4)	deleted by 20/2009 r 14(5)	1.3.2009
inserted by 150/2012 r 8(18)	1.8.2012
varied by 273/2016 r 10(6)	8.12.2016
cl 1(5)—(9)	deleted by 20/2009 r 14(5)	1.3.2009
cl 1(10)	deleted by 245/2010 r 19(10)	2.12.2010
cl 1(10a)	inserted by 20/2009 r 14(6)	1.3.2009
varied by 150/2012 r 8(19)	1.8.2012
varied by 273/2016 r 10(7)	8.12.2016
cl 1(11)
AHD	inserted by 150/2012 r 8(20)	1.8.2012
ARI	inserted by 150/2012 r 8(20)	1.8.2012
attributable walls or structures	inserted by 20/2009 r 14(7)	1.3.2009
varied by 245/2010 r 19(11)	2.12.2010
deleted by 150/2012 r 8(20)	1.8.2012
building line	inserted by 150/2012 r 8(20)	1.8.2012
Flood Management Zone/Area	inserted by 150/2012 r 8(20)	1.8.2012
relevant wall or structure	inserted by 150/2012 r 8(20)	1.8.2012
road	inserted by 20/2009 r 14(7)	1.3.2009
swimming pool	deleted by 245/2010 r 19(12)	2.12.2010
cl 2	varied by 27/2012 r 5	19.4.2012
cl 2A	inserted by 20/2009 r 14(8)	1.3.2009
cl 2A(1)	varied by 150/2012 r 8(21)	1.8.2012
cl 2A(1a)	inserted by 150/2012 r 8(22)	1.8.2012
varied by 273/2016 r 10(8)	8.12.2016
cl 2A(2)	varied by 245/2010 r 19(13)—(17)	2.12.2010
varied by 150/2012 r 8(23)—(28), (30)—(33)	1.8.2012
(f) deleted by 150/2012 r 8(29)	1.8.2012
varied by 178/2015 r 24(1), (2)	25.6.2015
varied by 273/2016 r 10(9)—(11), (13)—(16)	8.12.2016
(e)(ii) deleted by 273/2016 r 10(12)	8.12.2016
(l) deleted by 273/2016 r 10(17)	8.12.2016
varied by 301/2017 r 9(1)—(3)	7.11.2017
cl 2A(3)	varied by 150/2012 r 8(34)	1.8.2012
varied by 273/2016 r 10(18), (19)	8.12.2016
varied by 301/2017 r 9(4)—(6)	7.11.2017
cl 2A(4)
AHD	inserted by 150/2012 r 8(35)	1.8.2012
attributable walls or structures	varied by 245/2010 r 19(18)	2.12.2010
deleted by 150/2012 r 8(36)	1.8.2012
building line	inserted by 150/2012 r 8(36)	1.8.2012
Flood Management Zone/Area	varied by 150/2012 r 8(37)	1.8.2012
Historic Conservation Zone/Area	varied by 245/2010 r 19(19)	2.12.2010
relevant wall or structure	inserted by 150/2012 r 8(38)	1.8.2012
cl 2B	inserted by 20/2009 r 14(8)	1.3.2009
cl 2B(1)	substituted by 273/2016 r 10(20)	8.12.2016
cl 2B(2)	varied by 273/2016 r 10(21)	8.12.2016
cl 2B(3)	varied by 150/2012 r 8(39)	1.8.2012
varied by 273/2016 r 10(22), (23)	8.12.2016
cl 2B(4)	substituted by 150/2012 r 8(40)	1.8.2012
varied by 178/2015 r 24(3), (4)	25.6.2015
cl 2B(5)	substituted by 245/2010 r 19(20)	2.12.2010
varied by 150/2012 r 8(41), (42)	1.8.2012
varied by 178/2015 r 24(5)	25.6.2015
varied by 273/2016 r 10(24)—(26)	8.12.2016
varied by 301/2017 r 9(7), (8)	7.11.2017
cl 2B(6)	varied by 245/2010 r 19(21)—(24)	2.12.2010
varied by 150/2012 r 8(43)—(49), (51)—(59)	1.8.2012
(f) deleted by 150/2012 r 8(50)	1.8.2012
varied by 273/2016 r 10(27)—(35)	8.12.2016
(d) deleted by 273/2016 r 10(31)	8.12.2016
varied by 301/2017 r 9(9)—(13)	7.11.2017
cl 2B(7)	varied by 150/2012 r 8(60)	1.8.2012
varied by 273/2016 r 10(36)—(38)	8.12.2016
varied by 301/2017 r 9(14)—(16)	7.11.2017
cl 2B(8)
AHD	inserted by 150/2012 r 8(61)	1.8.2012
attributable walls or structures	varied by 245/2010 r 19(25)	2.12.2010
deleted by 150/2012 r 8(62)	1.8.2012
building line	inserted by 150/2012 r 8(63)	1.8.2012
Flood Management Zone/Area	varied by 150/2012 r 8(64)	1.8.2012
Historic Conservation Zone/Area	varied by 245/2010 r 19(26)	2.12.2010
relevant wall or structure	inserted by 150/2012 r 8(65)	1.8.2012
cl 2C	inserted by 10/2015 r 9	12.2.2015
cl 5	inserted by 23/2020 r 5(1)	5.3.2020
Pt 2
heading	substituted by 273/2016 r 10(39)	8.12.2016
cl 5	deleted by 273/2016 r 10(40)	8.12.2016
cll 6 and 7	deleted by 245/2010 r 19(27)	2.12.2010
cl 14
cl 14(1)	varied by 307/2008 r 5(2)—(4)	1.1.2009
cl 18	inserted by 23/2020 r 5(2)	5.3.2020
Sch 5
heading	substituted by 273/2016 r 11	8.12.2016
cl A1	inserted by 20/2009 r 15(1)	1.3.2009
varied by 245/2010 r 20(1)	2.12.2010
varied by 237/2011 r 9(1)	17.11.2011
substituted by 150/2012 r 9(1)	1.8.2012
varied by 273/2016 r 12(1), (2), (5), (6)	8.12.2016
(a)(iii) deleted by 273/2016 r 12(3)	8.12.2016
(b) deleted by 273/2016 r 12(4)	8.12.2016
cl A2	inserted by 20/2009 r 15(1)	1.3.2009
varied by 245/2010 r 20(2)	2.12.2010
varied by 237/2011 r 9(2)	17.11.2011
substituted by 150/2012 r 9(1)	1.8.2012
varied by 178/2015 r 25(1)	25.6.2015
varied by 273/2016 r 12(7), (8), (10)	8.12.2016
(b) deleted by 273/2016 r 12(9)	8.12.2016
cl 1
cl 1(1)	varied by 20/2009 r 15(2), (3)	1.3.2009
varied by 245/2010 r 20(3)	2.12.2010
varied by 237/2011 r 9(3)	17.11.2011
varied by 218/2011 r 7(1)	1.7.2012
substituted by 150/2012 r 9(2)—(5)	1.8.2012
varied by 313/2013 r 8	1.1.2014
varied by 178/2015 r 25(2)	25.6.2015
varied by 36/2018 r 7	12.3.2018
cl 1(6a)	inserted by 218/2011 r 7(2)	1.7.2012
Minister's Schedule 5 list of roof truss information	inserted by 178/2015 r 25(3)	25.6.2015
Minister's Schedule 5 roof framing checklist	deleted by 178/2015 r 25(3)	25.6.2015
cl 2A
cl 2A(1a)	inserted by 178/2015 r 25(4)	25.6.2015
cl 2B	inserted by 287/2008 r 5	27.11.2008
cl 11	inserted by 21/2009 r 5	26.2.2009
cl 12	inserted by 59/2017 r 8	23.5.2017
Sch 6 before substitution by 79/2009
item 1	varied by 20/2009 r 16(1), (2)	1.3.2009
Sch 6 before substitution by 116/2011	substituted by 79/2009 r 6	1.7.2009
substituted by 106/2010 r 6	1.7.2010
item 1	varied by 206/2010 r 6	16.9.2010
Sch 6 before substitution by 113/2013	substituted by 116/2011 r 6	1.7.2011
substituted by 93/2012 r 7	1.7.2012
item 1
component (8)	substituted by 166/2012 r 5(1)	1.7.2012
item 5
component (1)	varied by 166/2012 r 5(2)	1.7.2012
Sch 6 before substitution by 104/2014	substituted by 113/2013 r 8	1.7.2013
item 1	varied by 313/2013 r 9(1), (2)	1.1.2014
Sch 6 before substitution by 84/2015	substituted by 104/2014 r 8	1.7.2014
cl 1	varied by 10/2015 r 10	12.2.2015
Sch 6 before substitution by 166/2018	substituted by 84/2015 r 8	1.7.2015
substituted by 106/2016 r 8	1.7.2016
substituted by 113/2017 r 8	1.7.2017
varied by 31/2018 r 6(1)—(3)	8.4.2018
Sch 6	substituted by 166/2018 r 9	1.7.2018
substituted by 135/2019 r 10	1.7.2019
substituted by 207/2020 r 9	1.7.2020
Sch 7
cl 2	varied by 20/2009 r 17	1.3.2009
varied by 79/2009 r 7(1)—(4)	1.7.2009
varied by 106/2010 r 7(1)—(4)	1.7.2010
varied by 116/2011 r 7(1)—(4)	1.7.2011
varied by 93/2012 r 8(1)—(4)	1.7.2012
varied by 166/2012 r 6	1.7.2012
varied by 113/2013 r 9(1)—(4)	1.7.2013
varied by 104/2014 r 9(1)—(4)	1.7.2014
varied by 84/2015 r 9(1)—(4)	1.7.2015
varied by 106/2016 r 9(1)—(4)	1.7.2016
varied by 113/2017 r 9(1)—(4)	1.7.2017
varied by 31/2018 r 7(1), (2)	8.4.2018
varied by 166/2018 r 10(1)—(4)	1.7.2018
varied by 135/2019 r 11(1)—(4)	1.7.2019
varied by 207/2020 r 10(1)—(4)	1.7.2020
cl 3	varied by 79/2009 r 7(5)—(9)	1.7.2009
varied by 106/2010 r 7(5)—(9)	1.7.2010
varied by 116/2011 r 7(5)—(9)	1.7.2011
varied by 93/2012 r 8(5)—(9)	1.7.2012
varied by 113/2013 r 9(5)—(9)	1.7.2013
varied by 104/2014 r 9(5)—(9)	1.7.2014
varied by 84/2015 r 9(5)—(9)	1.7.2015
varied by 106/2016 r 9(5)—(9)	1.7.2016
varied by 113/2017 r 9(5)—(9)	1.7.2017
varied by 31/2018 r 7(3)	8.4.2018
varied by 166/2018 r 10(5)—(9)	1.7.2018
varied by 135/2019 r 11(5)—(9)	1.7.2019
varied by 207/2020 r 10(5)—(9)	1.7.2020
Sch 8
cl 1
cl 1(1)
forest vegetation	inserted by 190/2014 r 4(1)	1.7.2014
relevant certificate	inserted by 23/2020 r 6(1)	5.3.2020
cl 1(3)	deleted by 190/2014 r 4(2)	1.7.2014
cl 1(4)	varied by 245/2010 r 21(1)	2.12.2010
varied by 27/2012 r 6(1)	19.4.2012
varied by 178/2015 r 26(1)—(5)	25.6.2015
cl 1(5)	varied by 27/2012 r 6(2)	19.4.2012
cl 1(5a)	inserted by 5/2017 r 6(1)	27.1.2017
cl 1(6)	varied by 28/2013 r 4(1)	18.8.2013
cl 2
item 1	varied by 150/2012 r 10(1)	1.8.2012
item 4	varied by 178/2015 r 26(6)	25.6.2015
item 9B	varied by 178/2015 r 26(7)	25.6.2015
item 10	varied by 3/2019 r 5	1.6.2019
item 12
item 12(2)	substituted by 190/2014 r 4(3)	1.7.2014
item 12A	varied by 190/2014 r 4(4)	1.7.2014
item 18	varied by 245/2010 r 21(2)	2.12.2010
varied by 23/2020 r 6(2)	5.3.2020
item 19	varied by 245/2010 r 21(3)	2.12.2010
varied by 27/2012 r 6(3)	19.4.2012
varied by 150/2012 r 10(2)	1.8.2012
varied by 178/2015 r 26(8)	25.6.2015
item 23	inserted by 31/2009 r 4	9.4.2009
item 24	inserted by 19/2012 r 7	27.3.2012
varied by 35/2015 r 8(1)	9.4.2015
varied by 5/2017 r 6(2)	27.1.2017
item 25	inserted by 19/2012 r 7	27.3.2012
substituted by 266/2013 r 7	28.11.2013
varied by 35/2015 r 8(1)	9.4.2015
varied by 39/2016 r 7	2.6.2016
varied by 5/2017 r 6(3)	27.1.2017
item 25A	inserted by 35/2015 r 8(2)	9.4.2015
varied by 5/2017 r 6(4)	27.1.2017
item 26	inserted by 28/2013 r 4(2)	18.8.2013
Sch 9
Pt 1
cl 2	varied by 192/2010 r 7	26.8.2010
varied by 178/2015 r 27(1)	25.6.2015
cl 6
cl 6(1)	varied by 219/2009 r 7(1)	13.8.2009
varied by 245/2010 r 22(1)—(5)	2.12.2010
varied by 178/2015 r 27(2)—(4), (6)	25.6.2015
(l), (m) deleted by 178/2015 r 27(5)	25.6.2015
cl 6(2)	varied by 178/2015 r 27(7)	25.6.2015
cl 13	varied by 237/2011 r 10(1)	17.11.2011
cl 15	varied by 219/2009 r 7(2)	13.8.2009
varied by 178/2015 r 27(8)	25.6.2015
cl 16A	inserted by 201/2014 r 5(1)	10.7.2014
cl 16B	inserted by 243/2019 r 5	28.11.2019
cl 16C	inserted by 23/2020 r 7	5.3.2020
cl 18	varied by 201/2019 r 4(1)	15.8.2019
(c) deleted by 201/2019 r 4(2)	15.8.2019
cl 19	substituted by 201/2019 r 4(3)	15.8.2019
cl 20	deleted by 178/2015 r 27(9)	25.6.2015
Pt 2
cl 24	varied by 245/2010 r 22(6)	2.12.2010
cl 25	varied by 237/2011 r 10(2)	17.11.2011
cl 26
cl 26(1)	varied by 245/2010 r 22(7), (8)	2.12.2010
cl 27	inserted by 50/2009 r 4	30.4.2009
cl 28	inserted by 201/2014 r 5(2)	10.7.2014
cl 29	inserted by 219/2019 r 4	10.10.2019
cl 30	inserted by 42/2020 r 4	9.4.2020
Pt 3	deleted by 20/2009 r 18	1.3.2009
Sch 10
cl 1
cl 1(1)	varied by 237/2011 r 11	17.11.2011
varied by 27/2012 r 7(1)	19.4.2012
varied by 178/2015 r 28(1)	25.6.2015
(b)(iii), (iv) deleted by 205/2015 r 11(1)	3.9.2015
cl 1(2)	varied by 206/2010 r 7(1), (2)	16.9.2010
varied by 243/2014 r 5	18.9.2014
cl 2	varied by 206/2010 r 7(3)—(5)	16.9.2010
(e) deleted by 27/2012 r 7(2)	19.4.2012
varied by 178/2015 r 28(2)	25.6.2015
deleted by 5/2017 r 7(1)	27.1.2017
cl 3
cl 3(2)	(b) deleted by 206/2010 r 7(6)	16.9.2010
cl 3A
cl 3A(2)
prescribed area	varied by 178/2015 r 28(3)	25.6.2015
cl 4	deleted by 206/2010 r 7(7)	16.9.2010
cl 4B
cl 4B(1)	cl 4B redesignated as cl 4B(1) by 266/2013 r 8(1)	28.11.2013
cl 4B(2) and (3)	inserted by 266/2013 r 8(1)	28.11.2013
cl 4C	inserted by 266/2013 r 8(2)	28.11.2013
cl 4C(1)	varied by 39/2016 r 8	2.6.2016
cl 5	substituted by 35/2015 r 9	9.4.2015
cl 6	deleted by 206/2010 r 7(8)	16.9.2010
inserted by 35/2015 r 9	9.4.2015
cl 6A	varied by 178/2015 r 28(4)	25.6.2015
cl 7	substituted by 5/2017 r 7(2)	27.1.2017
substituted by 301/2017 r 10(1)

7.11.2017
cl 8	deleted by 178/2015 r 28(5)	25.6.2015
cl 9 before deletion by 301/2017
cl 9(1)	varied by 206/2010 r 7(9), (10)	16.9.2010
varied by 178/2015 r 28(6)	25.6.2015
cl 9(2)	varied by 27/2012 r 7(3), (4)	19.4.2012
varied by 178/2015 r 28(7)	25.6.2015
cl 9(4)	varied by 27/2012 r 7(5), (6)	19.4.2012
cl 9	deleted by 301/2017 r 10(2)	7.11.2017
cl 10	substituted by 27/2012 r 7(7)	19.4.2012
cl 11	deleted by 178/2015 r 28(8)	25.6.2015
cl 13
cl 13(1)	cl 13 deleted by 206/2010 r 7(11)	16.9.2010
cl 13 inserted by 27/2012 r 7(8)	19.4.2012
cl 13 varied by 266/2013 r 8(3)	28.11.2013
cl 13 redesignated as cl 13(1) by 5/2017 r 7(3)	27.1.2017
cl 13(2)	inserted by 5/2017 r 7(3)	27.1.2017
cl 14	deleted by 5/2017 r 7(4)	27.1.2017
cl 14	inserted by 59/2017 r 9	23.5.2017
cl 17	inserted by 18/2009 r 12	1.3.2009
expired: cl 17(2)—omitted under Legislation Revision and Publication Act 2002	(31.12.2012)
inserted by 156/2013 r 11	6.6.2013
expired: cl 17(2)—omitted under Legislation Revision and Publication Act 2002	(31.12.2014)
inserted by 205/2015 r 11(2)	3.9.2015
cl 18	inserted by 63/2014 r 4	19.2.2014
cl 18A	inserted by 1/2021 r 10	21.1.2021
cl 19	inserted by 201/2014 r 6	10.7.2014
cl 20 before substitution by 249/2017
cl 20(1)	cl 20 inserted by 226/2014 r 7	14.8.2014
cl 20 redesignated as cl 20(1) by 5/2017 r 7(5)	27.1.2017
cl 20(2)	inserted by 5/2017 r 7(5)	27.1.2017
cl 20	substituted by 249/2017 r 4	15.8.2017
cl 21	inserted by 227/2016 r 11	15.9.2016
Sch 14
cl 1
cl 1(1)	varied by 206/2010 r 8(1)—(6), (8)—(15)	16.9.2010
(b)(viii)(D) deleted by 206/2010 r 8(7)	16.9.2010
cl 1 redesignated as cl 1(1) by 206/2010 r 8(16)	16.9.2010
varied by 27/2012 r 8(1)—(5)	19.4.2012
varied by 178/2015 r 29(1)—(4)	25.6.2015
varied by 5/2017 r 8(1)—(5)	27.1.2017
varied by 188/2017 r 4(1)	22.6.2017
(b)(iic) expired: cl 1(4)—omitted under Legislation Revision and Publication Act 2002	(1.7.2020)
varied by 301/2017 r 11(1)—(3)	7.11.2017
varied by 200/2019 r 5	15.8.2019
cl 1(2)	inserted by 206/2010 r 8(16)	16.9.2010
cl 1(2a) and (2b)	inserted by 188/2017 r 4(2)	22.6.2017
cl 1(3)	inserted by 206/2010 r 8(16)	16.9.2010
varied by 27/2012 r 8(6)	19.4.2012
varied by 301/2017 r 11(4)	7.11.2017
cl 1(4)	inserted by 188/2017 r 4(3)	22.6.2017
omitted under Legislation Revision and Publication Act 2002	1.10.2020
cl 3	varied by 206/2010 r 8(17)	16.9.2010
cl 4	varied by 237/2011 r 12(4)	17.11.2011
varied by 178/2015 r 29(5)	25.6.2015
varied by 5/2017 r 8(6), (7), (9)	27.1.2017
(b)(vi)(D) deleted by 5/2017 r 8(8)	27.1.2017
cl 5	inserted by 18/2009 r 13	1.3.2009
expired: cl 5(2)—omitted under Legislation Revision and Publication Act 2002	(31.12.2012)
inserted by 156/2013 r 12	6.6.2013
expired: cl 5(2)—omitted under Legislation Revision and Publication Act 2002	(31.12.2014)
inserted by 205/2015 r 12	3.9.2015
cl 6	inserted by 188/2017 r 4(4)	22.6.2017
Sch 14A
cl 1	varied by 206/2010 r 9	16.9.2010
varied by 27/2012 r 9(1), (2)	19.4.2012
varied by 178/2015 r 30	25.6.2015
Sch 17	varied by 245/2010 r 23	2.12.2010
Sch 18
cl 1	varied by 245/2010 r 24(1), (2)	2.12.2010
cl 2	varied by 245/2010 r 24(3), (4)	2.12.2010
cl 3	varied by 245/2010 r 24(5), (6)	2.12.2010
Sch 21
cl 1
cl 1(3)	substituted by 3/2019 r 6(1)	1.6.2019
varied by 59/2019 r 4	1.1.2020
cl 3	substituted by 3/2019 r 6(2)	1.6.2019
cl 4
cl 4(1)	substituted by 3/2019 r 6(3)	1.6.2019
cl 5
cl 5(1)	varied by 3/2019 r 6(4)	1.6.2019
cl 5(4)	varied by 3/2019 r 6(5), (6)	1.6.2019
cl 7
cl 7(3)	varied by 245/2010 r 25	2.12.2010
cl 7(4)	varied by 27/2012 r 10	19.4.2012
substituted by 3/2019 r 6(7)	1.6.2019
Sch 22
Pt A
cl 1
cl 1(4)	deleted by 3/2019 r 7(1)	1.6.2019
cl 1(5)	substituted by 3/2019 r 7(1)	1.6.2019
varied by 59/2019 r 5(1)	1.1.2020
cl 1(5a)	inserted by 59/2019 r 5(2)	1.1.2020
cl 1(6)	substituted by 3/2019 r 7(1)	1.6.2019
cl 2
cl 2(2)	varied by 3/2019 r 7(2)	1.6.2019
cl 2(6)	substituted by 3/2019 r 7(3)	1.6.2019
cl 2(11)	deleted by 3/2019 r 7(4)	1.6.2019
cl 2(12)	varied by 3/2019 r 7(5)	1.6.2019
cl 2(13)	varied by 3/2019 r 7(6)	1.6.2019
cl 3	substituted by 3/2019 r 7(7)	1.6.2019
cl 5
cl 5(4)	substituted by 3/2019 r 7(8)	1.6.2019
cl 6
cl 6(1)	varied by 3/2019 r 7(9)	1.6.2019
cl 6(3)	deleted by 3/2019 r 7(10)	1.6.2019
cl 6(4)	substituted by 3/2019 r 7(11)	1.6.2019
cl 6(6)	varied by 3/2019 r 7(12), (13)	1.6.2019
cl 7
cl 7(2)	varied by 3/2019 r 7(14)	1.6.2019
cl 8
cl 8(6a)	inserted by 229/2013 r 4(1)	30.11.2013
cl 8(7)	varied by 229/2013 r 4(2)	30.11.2013
cl 8(8)	inserted by 3/2019 r 7(15)	1.6.2019
Pt B	substituted by 3/2019 r 7(16)	1.6.2019
Sch 22A	inserted by 20/2009 r 19	1.3.2009
Sch 25	deleted by 257/2010 r 5	1.1.2011
Sch 28	omitted under Legislation Revision and Publication Act 2002	16.10.2008
Schs 28—30	inserted by 278/2009 r 4	1.1.2010
Sch 31	inserted by 28/2016 r 6	28.8.2016
Sch 32	inserted by 10/2018 r 5	23.1.2018
heading	varied by 70/2018 r 5	7.6.2018
Sch 33	inserted by 70/2018 r 6	7.6.2018

Transitional etc provisions associated with regulations or variations

Development (Waste Reform) Variation Regulations 2019 (No 3 of 2019), Sch 1—Transitional provisions

1—Interpretation

In this Schedule—
development authorisation has the same meaning as in the principal Act;
existing authorisee means a person who, immediately before the commencement of this clause, held a development authorisation under old Schedule 21 or 22;
new Schedule 21 means Schedule 21 of the principal regulations as amended by these regulations;
new Schedule 22 means Schedule 22 of the principal regulations as amended by these regulations;
old Schedule 21 means Schedule 21 of the principal regulations as in force immediately before the commencement of this clause;
old Schedule 22 means Schedule 22 of the principal regulations as in force immediately before the commencement of this clause;
principal Act means the Development Act 1993;
principal regulations means the Development Regulations 2008.

2—Development authorisations to continue

(1)
Subject to subclause (2), a development authorisation that, immediately before the commencement of this clause, authorised development that involves, or is for the purposes of, an activity under old Schedule 21 or 22, continues after that commencement as a development authorisation in relation to the same activity under new Schedule 21 or 22 (despite the fact that the activity may be differently described or numbered under new Schedule 21 or 22) and is subject to the same conditions (if any) as those applying immediately before that commencement.
(2)
The relevant authority may, on its own initiative or on application by an existing authorisee—
(a)
grant a new development authorisation to the person; or
(b)
revoke an existing development authorisation; or
(c)
by notice in writing to the authorisee given within 2 years after the commencement of this clause—
(i)
vary the terminology or numbering in the existing development authorisation; or
(ii)
impose or vary a condition of the existing development authorisation,
if, in the opinion of the relevant authority, it is necessary or desirable to do so as a consequence of the variation of Schedule 21 or 22 of the principal regulations by these regulations.
(3)
If the relevant authority takes action under subclause (2), the relevant authority may dispense with the requirement for applications and payment of fees as it considers appropriate.
(4)
Public notice is not required to be given under the principal Act or the principal regulations in respect of a development authorisation that is granted or varied pursuant to this clause.
(5)
For the avoidance of doubt, a reference in this clause to a condition of a development authorisation includes a reference to a term of a development authorisation, or an authorisation or any other right or limitation set out in a development authorisation.

Historical versions

16.10.2008
27.11.2008
1.1.2009
26.2.2009 (electronic only)
1.3.2009
9.4.2009
23.4.2009 (electronic only)
30.4.2009
1.7.2009
13.8.2009
1.10.2009
8.10.2009
10.12.2009
1.1.2010
1.2.2010
18.2.2010
1.6.2010
1.7.2010
26.8.2010
16.9.2010
2.12.2010
1.1.2011
2.6.2011
1.7.2011
1.9.2011
17.11.2011
27.3.2012
19.4.2012
1.7.2012
12.7.2012
1.8.2012
6.9.2012
1.10.2012
4.10.2012
29.11.2012
1.1.2013
1.3.2013
11.4.2013
6.6.2013
1.7.2013
18.8.2013
28.11.2013 (electronic only)
30.11.2013
1.1.2014
19.2.2014
1.4.2014
26.6.2014 (electronic only)
1.7.2014
10.7.2014
14.8.2014
18.9.2014
12.2.2015
9.4.2015
25.6.2015 (electronic only)
1.7.2015
3.9.2015
15.10.2015
18.2.2016
2.6.2016
30.6.2016 (electronic only)
1.7.2016
28.8.2016
15.9.2016
8.12.2016
27.1.2017
23.5.2017
22.6.2017 (electronic only)
1.7.2017
15.8.2017
19.9.2017
7.11.2017
23.1.2018
12.3.2018
8.4.2018
7.6.2018
1.7.2018
4.2.2019
1.6.2019
1.7.2019
15.8.2019
10.10.2019
28.11.2019
1.1.2020
5.3.2020
19.3.2020
9.4.2020
1.7.2020
1.10.2020
12.11.2020
21.1.2021
4.2.2021