Planning, Development and Infrastructure (General) (Certificates of Occupancy) Amendment Regulations 2023 (SA)

South Australia

Planning, Development and Infrastructure (General) (Certificates of Occupancy) Amendment Regulations 2023

under the Planning, Development and Infrastructure Act 2016

Contents

Part 1—Preliminary

1            Short title

2            Commencement

Part 2—Amendment of Planning, Development and Infrastructure (General) Regulations 2017

3            Amendment of regulation 103—Exclusions

4            Amendment of regulation 103A—Required documentation

5            Amendment of regulation 103B—Prescribed requirements

6            Amendment of regulation 103G—Other matters

7           Amendment of Schedule 4—Exclusions from definition of development—general

8            Amendment of Schedule 6A—Accepted development

9            Amendment of Schedule 7—Complying building work

Part 1—Preliminary

1—Short title

These regulations may be cited as the Planning, Development and Infrastructure (General) (Certificates of Occupancy) Amendment Regulations 2023.

2—Commencement

These regulations come into operation on the day on which they are made.

Part 2—Amendment of Planning, Development and Infrastructure (General) Regulations 2017

3—Amendment of regulation 103—Exclusions

Regulation 103(2)—delete "31 December 2023" and substitute:

30 September 2024

4—Amendment of regulation 103A—Required documentation

Regulation 103A(2)—delete "1 January 2024" and substitute:

1 October 2024

5—Amendment of regulation 103B—Prescribed requirements

Regulation 103B—delete "1 January 2024" and substitute:

1 October 2024

6—Amendment of regulation 103G—Other matters

Regulation 103G(2)—delete subregulation (2) and substitute:

(2)Pursuant to section 152(1)(a) of the Act, if an appropriate notice in respect of an application for building consent in relation to a Class 1a building under the Building Code is provided under regulation 31(1)(d)(iii) before 1 October 2024, a certificate of occupancy is not required in respect of the building (but a certificate of occupancy is required in respect of the building if such a notice is given on or after that date).

7—Amendment of Schedule 4—Exclusions from definition of development—general

Schedule 4, clause 5(2)(fa)(ii)—delete "regulation 103" and substitute:

Part 11 Division 3 or 4

8—Amendment of Schedule 6A—Accepted development

1. Schedule 6A, clause 2(1)(b)—after "Division 3" insert:

   or 4

2. Schedule 6A, clause 2(2)(b)—after "Division 3" insert:

   or 4

9—Amendment of Schedule 7—Complying building work

Schedule 7, clause 12(d)(ii)—delete "regulation 103" and substitute:

Part 11 Division 3 or 4

Editorial note—

As required by section 10AA(2) of the Legislative Instruments 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 30 November 2023

No 117 of 2023