Development (System Indicators) Variation Regulations 2006 (SA)

Case

South Australia

Development (System Indicators) Variation Regulations 2006

under the Development Act 1993

Contents

Part 1—Preliminary

  1. Short title

  2. Commencement

  3. Variation provisions

Part 2—Variation of Development Regulations 1993

  1. Variation of Schedule 25—System indicators

Schedule 1—Transitional provisions

  1. Transitional provisions

Part 1—Preliminary

1—Short title

These regulations may be cited as the Development (System Indicators) Variation Regulations 2006.

2—Commencement

These regulations will come into operation on 1 July 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—Variation of Schedule 25—System indicators

  1. Schedule 25, item (6)—delete item (6) and substitute:

(6)

The following information in relation to referrals under section 25(5)(a) or (6)(a) of the Act, recorded according to council area:

    (a)    the number of referrals;

    (b)    the percentage of referrals for which a formal response was provided within the statutory timeframe;

    (c)     the median time taken to provide a formal response to a referral.

  1. Schedule 25, item (8)—delete item (8) and substitute:

(8)

The following information in relation to amendments to Development Plans approved by the Minister under section 25(17) of the Act, recorded according to council area:

    (a)    the number of approvals given;

    (b)    in relation to each set of amendments approved by the Minister—the time taken from agreement on the relevant Statement of Intent to the giving of the approval.

  1. Schedule 25, item (9)—delete item (9) and substitute:

(9)

In relation to the preparation of draft Plan Amendment Reports under section 26(1):

    (a)    the number of referrals by the Minister in relation to the preparation of a draft;

    (b)    the percentage of referrals for which a formal response was provided within the required timeframe.

  1. Schedule 25, item (10)—delete item (10) and substitute:

(10)

In relation to referrals under section 26(4)(a) of the Act:

    (a)    the number of referrals;

    (b)    the percentage of referrals for which a formal response was provided within the required timeframe.

  1. Schedule 25, item (12)—delete item (12) and substitute:

(12)

In relation to amendments to Development Plans approved by the Minister under section 26(9) of the Act:

    (a)    the number of approvals given;

    (b)    in relation to each set of amendments approved by the Minister—the time taken from the initiation of the Plan Amendment Report under section 26(1) of the Act (as signified by the signing of a formal minute by the Minister) to the giving of the approval.

  1. Schedule 25, item (18)—after paragraph (b) insert:

(c)     the percentage of referrals for which a formal response was provided within the relevant period prescribed under the schedule;

    (d)    in relation to each relevant category of referral under the schedule—the median time taken to provide a formal response to a referral (excluding any period required for the purposes of section 37(2) of the Act).

  1. Schedule 25, item (20)—delete item (20) and substitute:

(20)

In relation to referrals under item (19)—

    (a)    the number of responses provided by the body;

    (b)    the percentage of responses for which a formal response was provided within the required timeframe.

  1. Schedule 25—after item (20) insert:

4A—Referrals—land division

Planning SA

(20A)

In relation to the referral of applications involving the division of land under regulation 29—

    (a)    the number of referrals;

    (b)    the percentage of referrals for which a formal report was provided within the timeframe applying under the regulation;

    (c)     the median time taken to provide a formal report (excluding any extension of time required under regulation 29(2)).

  1. Schedule 25, item (23)—delete item (23) and substitute:

(23)

In relation to provisional development plan consents issued for complying development—

    (a)    the number of consents issued by the relevant authority;

    (b)    in relation to consents where the relevant applications have not included application for provisional building rules consent or land division consent—

     (i)     the percentage of consents given within the time prescribed under section 41(1) of the Act (excluding any period under section 39(3)(a) of the Act);

    (ii)     the median time taken from the lodgment of an application to the issuing of consent.

  1. Schedule 25, item (24)—delete item (24) and substitute:

(24)

In relation to provisional development plan consents issued for merit development—

    (a)    the number of consents—

     (i)     issued by the relevant authority;

    (ii)     refused by the relevant authority;

    (b)    in relation to consents where the relevant applications have not included application for provisional building rules consent or land division consent—

     (i)     the percentage of consents for Category 1 development given within the time prescribed under section 41(1) of the Act;

    (ii)     the percentage of consents for Category 2 development given within the time prescribed under section 41(1) of the Act;

    (iii)    the percentage of consents for Category 3 development given within the time prescribed under section 41(1) of the Act,

(excluding any period under section 39(3)(a) of the Act).

  1. Schedule 25, item (26)—delete item (26) and substitute:

(26)

In relation to land division consents—

    (a)    the number of consents—

     (i)     issued by the relevant authority;

    (ii)     refused by the relevant authority;

    (b)    the percentage of consents given within the time prescribed under section 41(1) of the Act (excluding any period under section 39(3)(a) of the Act).

  1. Schedule 25, item (28)—delete item (28) and substitute:

(28)

In relation to provisional building rules consents—

    (a)    the number of consents—

     (i)     issued by the relevant authority;

    (ii)     refused by the relevant authority;

    (b)    in relation to consents where the relevant applications have not included application for provisional development plan consent—the percentage of consents given within the time prescribed under section 41(1) of the Act (excluding any period under section 39(3)(a) of the Act).

  1. Schedule 25, item (30)—delete item (30) and substitute:

(30)

In relation to development approvals—

    (a)    the number of approvals issued by the relevant authority;

    (b)    other than where the relevant applications have included both application for provisional development plan consent and application for provisional building rules consent—the percentage of approvals given within the time prescribed under section 41(1) of the Act (excluding any period under section 39(3)(a) of the Act).

(30A)

In relation to development authorisations where the relevant applications have included both application for provisional development plan consent and application for provisional building rules consent:

    (a)    in relation to complying development—the percentage of joint consents given within the time prescribed under section 41(1) of the Act;

    (b)    in relation to merit development—the percentage of joint consents given within the time prescribed under section 41(1) of the Act—

     (i)     with respect to Category 1 development;

    (ii)     with respect to Category 2 development;

    (iii)    with respect to Category 3 development,

(excluding any period under section 39(3)(a) of the Act).

  1. Schedule 25, item (32)—delete "resolved" and substitute:

    settled

  2. Schedule 25, item (33)(a)—delete "resolved" and substitute:

    settled

  3. Schedule 25, item (33)(b)—delete "resolved" and substitute:

    settled

  4. Schedule 25, after item (36) insert:

(36A)

In relation to applications made to the Court that relate to provisional development plan consent or the division of land—

    (a)    in respect of applications settled at a conference under section 16 of the Environment, Resources and Development Court Act 1993—the median time from the lodgment of an application to resolution at the conference stage;

    (b)    in respect of applications that are resolved by determination of the Court—the median time from the lodgment of an application to resolution.

Schedule 1—Transitional provisions

1—Transitional provisions

  1. Subject to subclause (2), a body required to provide information under regulation 108 and Schedule 25 of the Development Regulations 1993 must comply with the requirements introduced by these regulations within 21 days after the end of the third quarter in 2006.

  2. The Minister may, by written notice to the relevant body, on application by that body, exempt a body from a requirement within the ambit of 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.

  3. 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.

Made by the Governor

with the advice and consent of the Executive Council

on 9 February 2006

No 21 of 2006

MUDP06/004CS

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