Planning, Development and Infrastructure Act 2016 (SA)

South Australia

Planning, Development and Infrastructure Act 2016

An Act to provide for matters that are relevant to the use, development and management of land and buildings, including by providing a planning system to regulate development within the State, rules with respect to the design, construction and use of buildings, and other initiatives to facilitate the development of infrastructure, facilities and environments that will benefit the community; to repeal the Development Act 1993; to make related amendments to the Character Preservation (Barossa Valley) Act 2012, the Character Preservation (McLaren Vale) Act 2012, the Environment, Resources and Development Court Act 1993, the Liquor Licensing Act 1997, the Local Government Act 1999, the Public Sector Act 2009 and the Urban Renewal Act 1995; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Planning, Development and Infrastructure Act 2016.

1. (1)

   This Act will come into operation on a day to be fixed by proclamation.

2. (2)

   Section 7(5) of the Acts Interpretation Act 1915 does not apply to this Act.

1. (1)

   In this Act, unless the contrary intention appears—

accredited professional means a person who holds an accreditation under section 88;

adjacent land in relation to other land, means land that is no more than 60 metres from the other land;

adjoining owner means the owner of land that abuts (either horizontally or vertically) on the land of a building owner;

advertisement means an advertisement or sign that is visible from a street, road or public place or by passengers carried on any form of public transport;

advertiser in relation to an advertisement, means the person whose goods or services are advertised in the advertisement;

advertising hoarding means a structure for the display of an advertisement or advertisements;

affected part of a building in relation to which building work is to be carried out means any of the following:

1. (a)

   the principal pedestrian entrance of the building;

2. (b)

   any part of the building that is necessary to provide a continuous accessible path of travel from the entrance to the location of the building work;

allotment has the same meaning as in Part 19AB of the Real Property Act 1886 and in addition includes a community lot, development lot and common property within the meaning of the Community Titles Act 1996 and a unit and common property within the meaning of the Strata Titles Act 1988;

amendment includes an addition, excision or substitution;

amenity of a locality or building means any quality, condition or factor that makes, or contributes to making, the locality or building harmonious, pleasant or enjoyable;

authorised officer means a person appointed to exercise the powers of an authorised officer under this Act;

building means a building or structure or a portion of a building or structure (including any fixtures or fittings which are subject to the provisions of the Building Code), whether…