Development (Technical) Variation Regulations 2006 (SA)

South Australia

Development (Technical) 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 regulation 15—Application to relevant authority

2. Variation of regulation 34—Public inspection of certain applications

3. Variation of regulation 44—Notification of land division decision

4. Variation of regulation 60—General provisions

5. Variation of regulation 69A—Applications and notices

6. Variation of regulation 88—Certificate of independent technical expert in certain cases

7. Variation of regulation 92—Provision of information

8. Variation of Schedule 3—Acts and activities which are not development

9. Variation of Schedule 6—Fees

10. Variation of Schedule 7—Provisions regulating the distribution of fees between authorities

Part 1—Preliminary

1—Short title

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

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 1993

4—Variation of regulation 15—Application to relevant authority

Regulation 15(5a)(b)—delete paragraph (b) and substitute:

(b)the Development Assessment Commission will be taken to have complied with subregulation (5) by providing the council with electronic access to the relevant documents and information via the Internet within the time specified under that subregulation, unless the council indicates, in such manner as may be determined by the Development Assessment Commission, that it wishes to receive written documentation instead.

5—Variation of regulation 34—Public inspection of certain applications

1. Regulation 34(2)—delete subregulation (2) and substitute:

   (2)The relevant authority must, pursuant to a request made within the period that applies under subregulation (1), on payment of a fee fixed by the relevant authority, provide to a member of the public a copy of any document or information available for inspection under subregulation (1).

   (2a)A person who makes a request under subregulation (2) must, at the time of making the request, provide to the relevant authority the following information, namely his or her name, address and contact details, and must, at the request of the relevant authority, verify this information in such manner as the relevant authority thinks fit.

2. Regulation 34(3)—delete "Subregulation (1) is" and substitute:

   Subregulations (1) and (2) are

6—Variation of regulation 44—Notification of land division decision

Regulation 44—after subregulation (2) insert:

(3)A council or regional development assessment panel will be taken to have complied with subregulations (1) and (2) by providing the Development Assessment Commission with electronic access to the relevant notice via the Internet within the time specified under subregulation (2) under a scheme approved by the Development Assessment Commission in connection with the operation of this regulation.

7—Variation of regulation 60—General provisions

1. Regulation 60(6)—delete subregulation (6) and substitute:

   (6)For the purposes of subregulation (4)—

   (a)a certificate may be created and held as an electronic document; and

   (b)a signature of a duly authorised officer may be provided by an electronic method that indicates the officer's certification in a way that is reasonably reliable.

   (6a)For the purposes of section 51(4) of the Act, a copy of the certificate and plan (or certificates and plans) referred to in subregulation (4) must be furnished to the relevant council—

   (a)by providing the council with electronic access to the relevant documents via the Internet; or

   (b)at the request of the council (provided in such manner as may be determined by the Development Assessment Commission), by sending a written copy to the council.

2. Regulation 60—after subregulation (8) insert:

   (9)For the purposes of subregulation (7), a certificate will be taken to have been lodged with the Registrar-General if the Registrar-General has been provided with electronic access to the certificate via the Internet under a scheme agreed between the Registrar-General and the Development Assessment Commission in connection with the operation of this regulation.

8—Variation of regulation 69A—Applications and notices

1. Regulation 69A(1)—delete "sections 49(2)(d) and (e) and 49A(1)(a) and (b)" and substitute:

   sections 49(2) and 49A(1)

2. Regulation 69A—after subsection (1) insert:

   (1a)An application under section 49(2) or 49A(1) of the Act must be in form determined by the Minister.

3. Regulation 69A(2)—delete "section 49(2)(e) or 49A(1)(b)" and substitute:

   section 49(4a) or 49A(4a)

9—Variation of regulation 88—Certificate of independent technical expert in certain cases

Regulation 88(1)(c)—delete paragraph (c) and substitute:

(c)energy efficiency matters referred to in Section J-Volume 1, or V2.6.2—Housing Provisions—Volume 2, of the Building Code.

10—Variation of regulation 92—Provision of information

1. Regulation 92(1)—delete "93(b)" and substitute:

   93(1)(b)

2. Regulation 92(2)—delete "93(b)(iii)" and substitute:

   93(1)(b)(iii)

11—Variation of Schedule 3—Acts and activities which are not development

Schedule 3, clause 4(1)—after paragraph (e) insert:

(ea)a fence not exceeding 2 metres in height (measured (if relevant) from the lower of the 2 adjoining finished ground levels) in the North Adelaide Historic (Conservation) Zone in The Corporation of City of Adelaide, other than—

(i)a fence situated on the boundary of the relevant allotment with a road (other than a laneway); or

(ii)—

(A)if there is no adjacent building facing the same road on to which the building faces—a fence situated between the building line of the main face of a building and the road on to which the building faces;

(B)if there is an adjacent building facing the same road on to which the building faces—a fence situated between a notional line drawn between the nearest front corner of each building to the other building and the road on to which the buildings face,

(and for the purposes of this subparagraph buildings separated only by a laneway will still be taken to be adjacent); or

(iii)a masonry fence that exceeds (or would exceed) 1 metre in height (measured (if relevant) from the lower of the 2 adjoining finished ground levels); or

(iv)a fence that is (or is to be) a safety fence for a swimming pool approved for construction, or requires approval for construction, on or after 1 July 1993; or

12—Variation of Schedule 6—Fees

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

(c)     if the development involves building work that is, under the provisions of the Act, subject to the requirement to obtain provisional building rules consent and the development cost exceeds $5 000 (including a case where the relevant assessment is undertaken by a private certifier) $51.00

1. Schedule 6, item 1(11)—delete component (11) and substitute:

(11)	If—     (a)    a council is the relevant authority with respect to a particular development; and	$45.00
(b)    the development requires both provisional development plan consent and provisional building rules consent (including in a case where a private certifier may exercise the powers of a relevant authority to give the provisional building rules consent), a Development Authorisation (Staged Consents) Fee, other than where—
(c)     the application relates to a complying development under these regulations or the Development Plan; or
(d)    the applicant applies to the council at the same time for both provisional development plan consent and provisional building rules consent

1. Schedule 6, item 1—after paragraph (h) (appearing at the end of item 1) insert:

   (i)if an application is for a second or subsequent consent because the applicant is seeking the assessment of a particular development in stages, the base amount under component (1) is only payable in relation to the first application (but the base amount will again be payable if the application is to be treated as a new application for a new development in the manner envisaged by paragraph (h) and taking into account the operation of section 39(7)(b) of the Act);

   (j)the Development Authorisation (Staged Consents) Fee is not payable unless or until the council receives an application for provisional building rules consent or, if provisional building rules consent is given by a private certifier, unless or until the private certifier notifies the council of his or her decision to grant the consent under section 93(1)(b) of the Act.

13—Variation of Schedule 7—Provisions regulating the distribution of fees between authorities

Schedule 7, clause 3(a)(viii)—delete "(5),"

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 September 2006

No 229 of 2006

MUDP06/035CS