Development (Solar Panels) Variation Regulations 2019 (SA)

South Australia

Development (Solar Panels) Variation Regulations 2019

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

5            Variation of Schedule 9—Public notice categories

Part 1—Preliminary

1—Short title

These regulations may be cited as the Development (Solar Panels) Variation Regulations 2019.

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

1. Schedule 1A, clause 10—after subclause (2) insert:

   (2a)The construction, alteration, repair or maintenance of a system comprising solar photovoltaic panels in a prescribed area if—

   (a)the system is freestanding rather than attached to a building or other structure; and

   (b)no part of the system—

   (i)is more than 4 metres in height (measured as a height above the natural surface of the ground); and

   (ii)is within 100 metres of a dwelling not associated with the system (whether the dwelling is on the same allotment as the system or another allotment); and

   (iii)is within 10 metres of a boundary of an allotment containing a dwelling not associated with the system.

   (2b)Subclause (2a) does not apply to a system comprising solar photovoltaic panels with a generating capacity of more than 30 kW.

2. Schedule 1A, clause 10(3)—after the definition of power system insert:

   prescribed area means—

   (a)a General Farming Zone; or

   (b)a Primary Industry Zone; or

   (c)a Primary Production Zone; or

   (d)a Rural Zone; or

   (e)a Watershed (Primary Production) Zone; or

   (f)a Watershed Protection (Mount Lofty Ranges) Zone; or

   (g)the Primary Production Policy Area in the River Murray Zone; or

   (h)Precinct 1—Cadell Basin Area (Horticulture) in the Cadell (Horticulture) Policy Area in the River Murray Zone,

   as delineated in the relevant Development Plan.

5—Variation of Schedule 9—Public notice categories

Schedule 9, Part 1—after clause 16A insert:

16B(1)  Except where the development falls within Schedule 1A, the construction or alteration of a system comprising solar photovoltaic panels in a prescribed area if the system is freestanding rather than attached to a building or other structure.

(2)Subclause (1) does not apply to a system comprising solar photovoltaic panels with a generating capacity of more than 30 kW.

(3)In this clause—

prescribed area means—

(a)a General Farming Zone; or

(b)a Primary Industry Zone; or

(c)a Primary Production Zone; or

(d)a Rural Zone; or

(e)a Watershed (Primary Production) Zone; or

(f)a Watershed Protection (Mount Lofty Ranges) Zone; or

(g)the Primary Production Policy Area in the River Murray Zone; or

(h)Precinct 1—Cadell Basin Area (Horticulture) in the Cadell (Horticulture) Policy Area in the River Murray Zone,

as delineated in the relevant Development Plan.

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

with the advice and consent of the Executive Council

on 28 November 2019

No 243 of 2019