Local Government (General) (Differentiating Factors) Variation Regulations 2021 (SA)

South Australia

Local Government (General) (Differentiating Factors) Variation Regulations 2021

under the Local Government Act 1999

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Local Government (General) Regulations 2013

4            Variation of regulation 14—Differentiating factors

Part 1—Preliminary

1—Short title

These regulations may be cited as the Local Government (General) (Differentiating Factors) Variation Regulations 2021.

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 Local Government (General) Regulations 2013

4—Variation of regulation 14—Differentiating factors

1. Regulation 14(1)—delete "the Development Regulations" wherever occurring and substitute in each case:

   a prescribed instrument

2. Regulation 14(1)(g)(iii)—delete "or intensive animal keeping" and substitute:

   , intensive animal keeping or intensive animal husbandry

3. Regulation 14—after subregulation (2) insert:

   (2a)The operation of this regulation is not affected by the revocation of the Development Regulations 2008 or a Development Plan under the Development Act 1993 (or by the repeal of the Development Act 1993) and a reference in this regulation to—

   (a)the Development Regulations 2008 is a reference to those regulations as in force immediately before their revocation; and

   (b)a Development Plan is a reference to the Development Plan as in force immediately before its revocation.

4. Regulation 14(3)—delete subregulation (3) and substitute:

   (3)In this regulation—

   prescribed instrument means—

   (a)the Development Regulations 2008; or

   (b)the Planning and Design Code under the Planning, Development and Infrastructure Act 2016;

   zone means—

   (a)an area defined as a zone, precinct or locality by a Development Plan under the Development Act 1993; or

   (b)an area defined as a zone or subzone by the Planning and Design Code under the Planning, Development and Infrastructure Act 2016.

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

after consultation with the Local Government Association and with the advice and consent of the Executive Council

on 18 March 2021

No 31 of 2021