Development (System Indicators) Variation Regulations 2005 (SA)

South Australia

Development (System Indicators) Variation Regulations 2005

under the Development Act 1993

Contents

Part 1—Preliminary

Short title
Commencement
Variation provisions

Part 2—Variation of Development Regulations 1993

Substitution of regulation 108
108System indicators
Insertion of Schedule 25
Schedule 25—System indicators

Schedule 1—Transitional provisions

Transitional provisions

Part 1—Preliminary
1—Short title
These regulations may be cited as the Development (System Indicators) Variation Regulations 2005.
2—Commencement
These regulations will come into operation on 1 January 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—Substitution of regulation 108
Regulation 108—delete the regulation and substitute:
108—System indicators
(1)A body specified in Column 1 of Schedule 25 must—
(a)keep and collate the information specified opposite the body in Column 2 of that schedule on a quarterly basis; and
(b)provide the information for each quarter to the Minister, in a manner and form determined by the Minister, within 21 days after the end of the quarter.

(2)In this regulation or Schedule 25—
Planning SA means the Department responsible for assisting the Minister in the administration of the Act;
quarter means a 3 month period commencing on any of the following days in any year:
1 January
1 April
1 July
1 October.

5—Insertion of Schedule 25
After Schedule 24 insert:
Schedule 25—System indicators

Body required to keep information

Information to be kept and collated on a quarterly basis (and then provided to the Minister)

1—Strategic planning

Planning SA

(1)

The release of a proposal to alter the Planning Strategy under section 22(4) of the Act.

Planning SA

(2)

The adoption of a proposal to alter the Planning Strategy, as notified under section 22(5)(c) of the Act.

Each council

(3)

The initiation of a review under section 30(2) of the Act.

Each council

(4)

The completion of a review under section 30(5) of the Act.

2—Development Plan policies

Planning SA

(5)

The number of agreements reached between councils and the Minister on Statements of Intent under section 25(1) of the Act, recorded according to council area.

Relevant Department or agency

(6)

The number of referrals under section 25(5)(a) or (6)(a) of the Act, recorded according to council area.

Planning SA

(7)

The number of times that the Governor has brought an amendment to a Development Plan proposed by a council into operation on an interim basis under section 28(1) of the Act, recorded according to council area.

Planning SA

(8)

The number of approvals given by the Minister under section 25(17) of the Act, recorded according to council area.

Relevant Department or agency

(9)

The number of referrals by the Minister when considering the release of a Plan Amendment Report under section 26(1) of the Act.

Planning SA

(10)

The number of referrals by the Minister under section 26(4)(a) of the Act.

Planning SA

(11)

The number of times that the Governor has brought an amendment to a Development Plan proposed by the Minister into operation on an interim basis under section 28(1) of the Act.

Planning SA

(12)

The number of approvals given by the Minister under section 26(9) of the Act.

Planning SA

(13)

The number of amendments to Development Plans under section 29(2) of the Act, recorded according to council area.

3—Development applications

Each relevant authority

(14)

The number of applications lodged with the relevant authority under section 39 of the Act for decision by that authority.

(15)

The number of—

    (a)    initial formal requests under section 39(2)(a) of the Act;

    (b)    second or subsequent formal requests under section 39(2)(a) of the Act.

4—Referrals

Each body to which applications under section 39 of the Act are referred by a relevant authority, being a body referred to in Schedule 8

(16)

The number of referrals received under Schedule 8.

(17)

In relation to referrals under Schedule 8—

    (a)    the number of initial formal requests for further information under section 37(2) of the Act;

    (b)    the number of second or subsequent formal requests for further information under section 37(2) of the Act.

(18)

In relation to referrals under Schedule 8—

    (a)    the number of decisions made by the body itself;

    (b)    the number of decisions made by a person or other body under a delegation.

(19)

The number of referrals received for consideration or comment by the body, even though the referrals are not required under Schedule 8.

(20)

In relation to referrals under item (19), the number of responses provided by the body.

5—Development assessment bodies—councils

Each council

(21)

The number of council members.

(22)

The following information in relation to its development assessment panel under section 56A of the Act:

    (a)    the number of members of the panel;

    (b)    whether the presiding member is a member of the council, a member of the staff of the council, or an independent member;

    (c)     the number of members of the council who are members of the panel;

    (d)    the number of members of the staff of the council who are members of the panel;

    (e)     the number of other persons who are members of the panel.

6—Development authorisations

Each relevant authority

(23)

The number of provisional development plan consents issued by the relevant authority for complying development.

(24)

The number of provisional development plan consents for merit development—

    (a)    approved by the relevant authority;

    (b)    refused by the relevant authority.

(25)

The number of provisional development plan consents for non-complying development—

    (a)    approved by the relevant authority;

    (b)    refused by the relevant authority under section 39(4)(d) or section 35(2) of the Act;

    (c)     refused due to non-concurrence (see section 35(3) of the Act).

(26)

The number of land division consents—

    (a)    issued by the relevant authority;

    (b)    refused by the relevant authority.

(27)

The number of development plan and land division decisions made by the relevant authority on an application for a development authorisation (being decisions made under the Act rather than administrative decisions made in connection with an application), recorded according to 1 of the following:

    (a)    a decision made by the relevant authority itself;

    (b)    a decision made by a development assessment panel under a delegation;

    (c)     a decision made by an officer of the relevant authority under a delegation;

    (d)    a decision made by a regional development assessment panel under a delegation;

    (e)     a decision made by some other body under a delegation.

(28)

The number of provisional building rules consents—

    (a)    issued by the relevant authority;

    (b)    refused by the relevant authority.

(29)

The number of times a relevant authority sought clarification from an applicant or other relevant authority due to inconsistency of consents or the provision of inadequate information.

(30)

The total number of development approvals granted by the relevant authority.

7—Appeal processes

The Environment, Resources and Development Court

(31)

The number of applications made to the Court—

    (a)    under section 86(1)(a) of the Act;

    (b)    under section 86(1)(b) of the Act,

in respect of applications that relate to provisional development plan consent or the division of land, recorded according to council area.

(32)

The number of applications that relate to provisional development plan consent or the division of land resolved before or at a conference under section 16 of the Environment, Resources and Development Court Act 1993, recorded according to council area.

(33)

The number of applications that relate to provisional development plan consent or the division of land—

(a) resolved after a conference under section 16 of the Environment, Resources and Development Court Act 1993 (but before a hearing of the Environment, Resources and Development Court);

(b) not resolved at a conference under section 16 of the Environment, Resources and Development Court Act 1993,

recorded according to council area.

(34)

The number of applications that relate to provisional development plan consent or the division of land that result in the confirmation of the decision to which the proceedings relate, recorded according to council area.

(35)

The number of applications that relate to provisional development plan consent or the division of land that result in the variation of the decision to which the proceedings relate, recorded according to council area.

(36)

The number of applications that relate to provisional development plan consent or the division of land that result in the reversing of the decision to which the proceedings relate, recorded according to council area.

Each relevant council

(37)

The total cost of all charges (including GST) incurred by virtue of engaging legal counsel, consultants or expert witnesses with respect to any proceedings under section 86 of the Act.

8—Compliance

Each council

(38)

The number of sites inspected with respect to provisional building rules consents, recorded according to—

(a) Class 1 or 2 buildings under the Building Code;

    (b)    other buildings;

    (c)     swimming pools.

Each council

(39)

The number of sites inspected under section 71 of the Act, recorded according to—

(a) Class 1 or 2 buildings under the Building Code;

    (b)    other buildings.

Schedule 1—Transitional provisions
1—Transitional provisions

Subject to subclause (2), a body required to provide information under regulation 108 and Schedule 25 of the Development Regulations 1993 (as inserted by these regulations) must comply with the requirements of regulation 108(2) within 21 days after the end of the first quarter in 2006.
The Minister may, by written notice to the relevant body, on application by that body, exempt a body from a requirement under regulation 108 or Schedule 25 of the Development Regulations 1993 (as inserted by these regulations) (or a requirement under subclause (1)) if the Minister is satisfied that the body would experience significant administrative difficulties if required to comply with the relevant requirement and that, in all the circumstances of the particular case, an exemption is reasonable.
An exemption under subclause (2)—
(a)may operate for a period determined by the Minister; and
(b)may be granted subject to such conditions as the Minister thinks fit; and
(c)may be varied or revoked by the Minister by subsequent notice to the relevant body.

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 10 November 2005

No 236 of 2005

MUDP05/006CS

Body required to keep information	Information to be kept and collated on a quarterly basis (and then provided to the Minister)
1—Strategic planning
Planning SA	(1)	The release of a proposal to alter the Planning Strategy under section 22(4) of the Act.
Planning SA	(2)	The adoption of a proposal to alter the Planning Strategy, as notified under section 22(5)(c) of the Act.
Each council	(3)	The initiation of a review under section 30(2) of the Act.
Each council	(4)	The completion of a review under section 30(5) of the Act.
2—Development Plan policies
Planning SA	(5)	The number of agreements reached between councils and the Minister on Statements of Intent under section 25(1) of the Act, recorded according to council area.
Relevant Department or agency	(6)	The number of referrals under section 25(5)(a) or (6)(a) of the Act, recorded according to council area.
Planning SA	(7)	The number of times that the Governor has brought an amendment to a Development Plan proposed by a council into operation on an interim basis under section 28(1) of the Act, recorded according to council area.
Planning SA	(8)	The number of approvals given by the Minister under section 25(17) of the Act, recorded according to council area.
Relevant Department or agency	(9)	The number of referrals by the Minister when considering the release of a Plan Amendment Report under section 26(1) of the Act.
Planning SA	(10)	The number of referrals by the Minister under section 26(4)(a) of the Act.
Planning SA	(11)	The number of times that the Governor has brought an amendment to a Development Plan proposed by the Minister into operation on an interim basis under section 28(1) of the Act.
Planning SA	(12)	The number of approvals given by the Minister under section 26(9) of the Act.
Planning SA	(13)	The number of amendments to Development Plans under section 29(2) of the Act, recorded according to council area.
3—Development applications
Each relevant authority	(14)	The number of applications lodged with the relevant authority under section 39 of the Act for decision by that authority.
(15)	The number of— (a) initial formal requests under section 39(2)(a) of the Act; (b) second or subsequent formal requests under section 39(2)(a) of the Act.
4—Referrals
Each body to which applications under section 39 of the Act are referred by a relevant authority, being a body referred to in Schedule 8	(16)	The number of referrals received under Schedule 8.
(17)	In relation to referrals under Schedule 8— (a) the number of initial formal requests for further information under section 37(2) of the Act; (b) the number of second or subsequent formal requests for further information under section 37(2) of the Act.
(18)	In relation to referrals under Schedule 8— (a) the number of decisions made by the body itself; (b) the number of decisions made by a person or other body under a delegation.
(19)	The number of referrals received for consideration or comment by the body, even though the referrals are not required under Schedule 8.
(20)	In relation to referrals under item (19), the number of responses provided by the body.
5—Development assessment bodies—councils
Each council	(21)	The number of council members.
(22)	The following information in relation to its development assessment panel under section 56A of the Act:
(a) the number of members of the panel;
(b) whether the presiding member is a member of the council, a member of the staff of the council, or an independent member;
(c) the number of members of the council who are members of the panel;
(d) the number of members of the staff of the council who are members of the panel;
(e) the number of other persons who are members of the panel.
6—Development authorisations
Each relevant authority	(23)	The number of provisional development plan consents issued by the relevant authority for complying development.
(24)	The number of provisional development plan consents for merit development—
(a) approved by the relevant authority;
(b) refused by the relevant authority.
(25)	The number of provisional development plan consents for non-complying development—
(a) approved by the relevant authority;
(b) refused by the relevant authority under section 39(4)(d) or section 35(2) of the Act;
(c) refused due to non-concurrence (see section 35(3) of the Act).
(26)	The number of land division consents— (a) issued by the relevant authority; (b) refused by the relevant authority.
(27)	The number of development plan and land division decisions made by the relevant authority on an application for a development authorisation (being decisions made under the Act rather than administrative decisions made in connection with an application), recorded according to 1 of the following:
(a) a decision made by the relevant authority itself;
(b) a decision made by a development assessment panel under a delegation;
(c) a decision made by an officer of the relevant authority under a delegation;
(d) a decision made by a regional development assessment panel under a delegation;
(e) a decision made by some other body under a delegation.
(28)	The number of provisional building rules consents—
(a) issued by the relevant authority;
(b) refused by the relevant authority.
(29)	The number of times a relevant authority sought clarification from an applicant or other relevant authority due to inconsistency of consents or the provision of inadequate information.
(30)	The total number of development approvals granted by the relevant authority.
7—Appeal processes
The Environment, Resources and Development Court	(31)	The number of applications made to the Court— (a) under section 86(1)(a) of the Act; (b) under section 86(1)(b) of the Act, in respect of applications that relate to provisional development plan consent or the division of land, recorded according to council area.
(32)	The number of applications that relate to provisional development plan consent or the division of land resolved before or at a conference under section 16 of the Environment, Resources and Development Court Act 1993, recorded according to council area.
(33)	The number of applications that relate to provisional development plan consent or the division of land— (a) resolved after a conference under section 16 of the Environment, Resources and Development Court Act 1993 (but before a hearing of the Environment, Resources and Development Court); (b) not resolved at a conference under section 16 of the Environment, Resources and Development Court Act 1993, recorded according to council area.
(34)	The number of applications that relate to provisional development plan consent or the division of land that result in the confirmation of the decision to which the proceedings relate, recorded according to council area.
(35)	The number of applications that relate to provisional development plan consent or the division of land that result in the variation of the decision to which the proceedings relate, recorded according to council area.
(36)	The number of applications that relate to provisional development plan consent or the division of land that result in the reversing of the decision to which the proceedings relate, recorded according to council area.
Each relevant council	(37)	The total cost of all charges (including GST) incurred by virtue of engaging legal counsel, consultants or expert witnesses with respect to any proceedings under section 86 of the Act.
8—Compliance
Each council	(38)	The number of sites inspected with respect to provisional building rules consents, recorded according to—
(a) Class 1 or 2 buildings under the Building Code;
(b) other buildings;
(c) swimming pools.
Each council	(39)	The number of sites inspected under section 71 of the Act, recorded according to—
(a) Class 1 or 2 buildings under the Building Code;
(b) other buildings.