Development (River Murray) Variation Regulations 2006 (SA)
South Australia
Development (River Murray) Variation Regulations 2006
under the Development Act 1993
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Development Regulations 1993
Insertion of regulation 9A
9AConsultation with the Minister for the River Murray
Variation of regulation 27A—Special provision relating to River Murray
Variation of Schedule 2—Additional acts and activities constituting development
Variation of Schedule 8—Referrals and concurrences
Variation of Schedule 14—State agency development exempt from approval
Part 1—Preliminary
1—Short title
These regulations may be cited as the Development (River Murray) Regulations 2006.
2—Commencement
These regulations will come into operation on 1 February 2006.
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 1993
4—Insertion of regulation 9A
After regulation 9 insert:
9A—Consultation with the Minister for the River Murray
The following is prescribed under section 24(5) of the Act with respect to consultation with the Minister for the River Murray:
(a)the Minister should consult with the Minister for the River Murray—
(i)before or during the period for public consultation on the relevant Plan Amendment Report under section 25(5)(b) or 26(4)(b) of the Act; and
(ii)before the Minister gives any relevant approval under section 25(15) or 26(8) of the Act;
(b)the Minister should, for the purposes of the consultation under paragraph (a)(ii), 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 submissions received by the Minister under subsection (4) or (6) of that section;
(c)subject to any extension or steps taken in the manner envisaged by section 24(6) of the Act, the period of 10 business days is prescribed under section 24(5) of the Act for the purposes of the consultation with the Minister for the River Murray under paragraph (a)(ii) of this regulation.
5—Variation of regulation 27A—Special provision relating to River Murray
Regulation 27A(1)(a)—after "a related operational Act" insert:
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
Regulation 27A(2)—delete subregulation (2)
6—Variation of Schedule 2—Additional acts and activities constituting development
Schedule 2, clause 6A(1)—delete "where the infrastructure is to be used for domestic purposes within a prescribed zone that applies for the purposes of item 19 of Schedule 8" and substitute:
(c)where the infrastructure is being constructed, installed or placed by the Minister for the River Murray (or by a person who is undertaking works for or on behalf of that Minister); or
(d)where the infrastructure is to be used for domestic purposes within a prescribed zone for the purposes of item 19 of Schedule 8.
7—Variation of Schedule 8—Referrals and concurrences
Schedule 8, clause 1(3), The Berri Barmera Council, Berri—after the present contents of this item (as it relates to Berri) insert:
Western Approach Zone
Schedule 8, clause 1(3), Mid Murray Council—after the present contents of this item insert:
Blanchetown
Service Centre (Blanchetown) Zone
Schedule 8, clause 1(3), Rural City of Murray Bridge—delete:
Wellington
Country Township Zone
Schedule 8, clause 1(3), The Coorong District Council—delete:
Salt Creek
Settlement Zone
Schedule 8, clause 1(3), The Coorong District Council, Meningie—after the present contents of this item (as it relates to Meningie) insert:
Tourist Accommodation Zone
Community Zone
Rural Living Zone
Schedule 8, clause 1(3), The Coorong District Council—after the present contents of this item (as varied by this regulation) insert:
Tailem Bend
Community Zone
Residential Zone
Commercial Industry Zone
Town Centre Zone
Schedule 8, clause 1—after subclause (3) (and the accompanying note) insert:
(4)Despite the provisions of these regulations and, in particular, items 19, 20 and 21 of this Schedule, an application within the ambit of an exemption from the requirement to be referred to the Minister for the River Murray under section 37 of the Development Act 1993 published by that Minister under section 22(18) of the River Murray Act 2003 need not be referred to that Minister under this Schedule (and will not be subject to a Referral Fee under Schedule 6)1
Note—
1An exemption issued by the Minister for the River Murray under section 22(18) of the River Murray Act 2003 must be published in the Gazette. A list of the exemptions that have been issued may be found on the website of the Department of Water, Land and Biodiversity Conservation.
(5)For the purposes of this Schedule—
(a)a reference to—
(i)the River Murray Floodplain Area; or
(ii)the River Murray Tributaries Area,
is a reference to the River Murray Protection Area so designated under the River Murray Act 2003; and
(b)a reference to the River Murray system is a reference to the River Murray system within the meaning of the River Murray Act 2003; and
(c)native vegetation will be taken to be cleared if it is cleared within the meaning of the Native Vegetation Act 1991.
Schedule 8, clause 2, table, item 19(g)—after "involves the construction of a building," insert:
or the undertaking of an act or activity specified in clause 3 of Schedule 2,
Schedule 8, clause 2, table, item 19(g)(i)—delete subparagraph (i) and substitute:
(i)is within a prescribed zone under clause 1(3) and does not involve the performance of work in a watercourse or other water resource that forms part of the River Murray system, or on a bank or shore within 5 metres of the edge of a watercourse or other water resource that forms part of the River Murray system; or
Schedule 8, clause 2, table, item 19(g)(iv)—delete "attached or to be attached to a building"
Schedule 8, clause 2, table, item 19(g)—after subparagraph (iv) insert:
or
(v)comprises an alteration or extension of an existing dwelling where the total floor area of the dwelling after the completion of the development will not exceed 94 square metres and any extension of the dwelling will not result in a part of the dwelling being closer to the River Murray; or
(vi)is the construction of an aboveground or inflatable swimming pool, or a spa pool; or
Schedule 8, clause 2, table, item 19(i) and (j)—delete paragraphs (i) and (j) and substitute:
(i)the development involves the division of an allotment or allotments so as to result in—
(i)an additional 4 or more allotments; or
(ii)an additional 4 or more grants of occupancy (by the conferral or exercise of a right to occupy part only of an allotment); or
(iii)a mix of 4 or more allotments and separate grants of occupancy; or
(j)the development involves the creation of a new allotment or grant of occupancy through the division of an allotment where any part of the boundary of the new allotment or occupancy will have a frontage to a part of the River Murray system; or
(ja)the development involves the alteration of the boundaries of an allotment so as to result in—
(i)the allotment having a frontage to a part of the River Murray system; or
(ii)the allotment having an increase in its frontage to a part of the River Murray system; or
(jb)the development involves the creation of a caravan park, or the expansion or alteration of a caravan park so as to increase the capacity of the caravan park; or
Schedule 8, clause 2, table, item 20(e) and (f)—delete paragraphs (e) and (f) and substitute:
(e)the development involves the division of an allotment or allotments so as to result in—
(i)an additional 4 or more allotments; or
(ii)an additional 4 or more grants of occupancy (by the conferral or exercise of a right to occupy part only of an allotment); or
(iii)a mix of 4 or more allotments and separate grants of occupancy; or
(f)the development involves the creation of a new allotment or grant of occupancy through the division of an allotment where any part of the boundary of the new allotment or occupancy will have a frontage to a part of the River Murray system; or
(fa)the development involves the alteration of the boundaries of an allotment so as to result in—
(i)the allotment having a frontage to a part of the River Murray system; or
(ii)the allotment having an increase in its frontage to a part of the River Murray system; or
8—Variation of Schedule 14—State agency development exempt from approval
Schedule 14—after clause 2 insert:
3The following forms of development are excluded from the provisions of section 49 of the Act, namely the construction, reconstruction, alteration, repair or maintenance of infrastructure within the meaning of the River Murray Act 2003 by the Minister for the River Murray (or by a person who is acting for or on behalf of that Minister) where the work is being undertaken in connection with the management of water flows within the River Murray system, as defined by that Act, for the purposes of the River Murray Act 2003 or the Murray-Darling Basin Act 1993.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor's Deputy
with the advice and consent of the Executive Council
on 19 January 2006
No 9 of 2006
CS05WLB11484
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