Development (Renewal of Social Housing) Variation Regulations 2015 (SA)
South Australia
Development (Renewal of Social Housing) Variation Regulations 2015
under the Development Act 1993
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Development Regulations 2008
4 Variation of regulation 3—Interpretation
5 Variation of regulation 6A—Regulated and significant trees
6 Variation of regulation 15—Application to relevant authority
7 Variation of regulation 24—Referrals
8 Variation of regulation 38—Determination of Commission as relevant authority
9 Variation of regulation 92—Provision of information
10 Variation of Schedule 1A—Development that does not require development plan consent
13 Renewing our Streets and Suburbs Stimulus Program
11 Variation of Schedule 10—Decisions by Development Assessment Commission
12 Variation of Schedule 14—State agency development exempt from approval
Part 1—Preliminary
1—Short title
These regulations may be cited as the Development (Renewal of Social Housing) Variation Regulations 2015.
2—Commencement
These regulations come into operation on the day on which they are made.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Development Regulations 2008
4—Variation of regulation 3—Interpretation
Regulation 3(6), definition of Affordable Housing Stimulus Package—delete the definition
Regulation 3(6)—after the definition of private bushfire shelter insert:
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;
Regulation 3(6), definition of State Coordinator‑General—delete the definition and substitute:
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.
Regulation 3(8)—delete subregulation (8) and substitute:
(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.
5—Variation of regulation 6A—Regulated and significant trees
Regulation 6A(5)—after paragraph (e) insert:
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.
Regulation 6A(6)—delete subregulation (6)
6—Variation of regulation 15—Application to relevant authority
Regulation 15(3)(b)(iv)—delete "Affordable Housing Stimulus Package" and substitute:
Renewing our Streets and Suburbs Stimulus Program
7—Variation of regulation 24—Referrals
Regulation 24(5)—delete "Affordable Housing Stimulus Package" and substitute:
Renewing our Streets and Suburbs Stimulus Program
8—Variation of regulation 38—Determination of Commission as relevant authority
Regulation 38(5)—delete "Affordable Housing Stimulus Package" and substitute:
Renewing our Streets and Suburbs Stimulus Program
9—Variation of regulation 92—Provision of information
Regulation 92(2b)—delete "AHSP development" and substitute:
ROSASSP development
Regulation 92(7), definition of AHSP development—delete the definition and substitute:
ROSASSP development means development that has been approved by the State Coordinator‑General for the purposes of the Renewing our Streets and Suburbs Stimulus Program.
10—Variation of Schedule 1A—Development that does not require development plan consent
Schedule 1A—after clause 12 insert:
13—Renewing our Streets and Suburbs Stimulus Program
(1)Any development that has been approved by the State Coordinator‑General for the purposes of the Renewing our Streets and Suburbs Stimulus Program.
(2)Subclause (1) does not apply if the development is in relation to a site where a State heritage place is situated.
11—Variation of Schedule 10—Decisions by Development Assessment Commission
Schedule 10, clause 1(1)(b)(iii) and (iv)—delete subparagraphs (iii) and (iv)
Schedule 10—after clause 16 insert:
17—Renewing our Streets and Suburbs Stimulus Program
(1)Any development that has been approved by the State Coordinator‑General for the purposes of the Renewing our Streets and Suburbs Stimulus Program.
(2)Subclause (1) does not apply to development—
(a)if the development is in relation to a site where a State heritage place is situated; or
(b)involving a building in relation to which a certificate of occupancy has been issued.
12—Variation of Schedule 14—State agency development exempt from approval
After clause 4 insert:
5
The following forms of development are excluded from the provisions of section 49 of the Act, namely any development that has been approved by the State Coordinator‑General for the purposes of the Renewing our Streets and Suburbs Stimulus Program.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 3 September 2015
No 205 of 2015
PLN0036/15CS
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