Planning, Development and Infrastructure (General) (Development Assessment) Variation Regulations 2019 (SA)
South Australia
Planning, Development and Infrastructure (General) (Development Assessment) Variation Regulations 2019
under the Planning, Development and Infrastructure Act 2016
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Planning, Development and Infrastructure (General) Regulations 2017
4 Variation of regulation 3—Interpretation
5 Insertion of regulations 3A to 3I
3A Application of Act (section 8)
3B Additions to definition of development
3C Exclusions from definition of development—general
3D Exclusions from definition of development—State heritage areas
3E Change in classification of buildings
3F Regulated and significant trees
3G Aboveground and inflatable pools
3H Public notice
3I Prescribed period (section 44(12)(b))
6 Revocation of regulation 4
7 Insertion of regulation 6A
6A Provision of documents and notices via the SA planning portal
8 Variation of regulation 18—Other matters
9 Insertion of Parts 4 to 18 and Schedules 1 to 19
Part 4—Statutory instruments
19 Incorporation of material (section 71(b))
20 Notice of Code amendment (section 73(6)(d))
21 Minor or operational amendments (section 76)
Part 5—Relevant authorities and accredited professionals
22 Prescribed scheme (section 93)
23 State Planning Commission (section 94)
24 Assessment managers (section 96)
25 Accredited professionals (section 97)
26 Requirement to obtain advice of accredited professional
Part 6—Development assessment - related principles
27 Impact assessed development - categorisation
28 Complying building work
Part 7—Assessment—processes and assessment facilitation
Division 1—Applications
29 Application to relevant authority
30 Plans, fees and related provisions
31 Verification of application
32 Application for accepted development
33 Application and further information
34 Period for additional information and other matters
35 Amended applications
36 Certification of building industry insurance
37 Regulated and significant trees
38 Withdrawing/lapsing applications
39 Contravening development
40 Court proceedings
Division 2—Referrals
41 Referrals
42 Additional information or amended plans
43 River Murray
44 Appeals
45 Building matters
46 Preliminary advice and agreement (section 123)
Division 3—Notice requirements and consultation
47 Performance assessed development and restricted development
48 Notification of application of tree-damaging activity to owner of land
49 Public inspection of applications
50 Representations
51 Response by applicant
52 Notice of hearing of submissions
Division 4—Determination of application
53 Time within which decision must be made (section 125(1))
54 Deemed consent notice (section 125(2))
55 Notification of decision—accredited professionals (section 89)
56 Issue of building consent by other bodies
57 Notice of decision (section 126(1))
Division 5—Conditions
58 Notice of conditions
59 Regulated and significant trees
Division 6—Other matters
60 Consideration of other development authorisations
61 Certificate of independent technical expert in certain cases
62 Requirement to up-grade building in certain cases
63 Urgent work
64 Building work affecting other land
65 Variation of authorisation (section 128)
66 Scheme descriptions—community titles
67 Lapse of consents or approvals (section 126(2))
Part 8—Impact assessed development
68 Procedural matters (section 111(2))
69 Level of detail—EIS (section 112(b))
70 Level of detail—EIS (section 112(c))
71 EIS processes (section 113(5))
72 Consultation (section 113(6))
73 Notification of decision
74 Cancellation of development authorisation (section 115(9))
Part 9—Special provisions relating to land division
Division 1—Preliminary
75 Interpretation
Division 2—Advice from Commission
76 Advice from Commission
Division 3—Presumption in respect of division of certain buildings
77 Presumption in respect of division of certain buildings
Division 4—Underground mains areas
78 Underground mains areas
Division 5—Assessment requirements—water and sewerage
79 Assessment requirements—water and sewerage
Division 6—Prescribed requirements—general land division
80 Prescribed requirements
81 Width of roads and thoroughfares
82 Road widening
83 Requirement as to forming of roads
84 Construction of roads, bridges, drains and services
85 Supplementary provisions
Division 7—Certificate in respect of division of land
86 Exclusion from requirement to obtain a certificate1
87 General land division
88 Division of land by strata title
89 General provisions
Division 8—Notification of decision
90 Notification of decision
Part 10—Special provisions relating to buildings and building work
Division 1—Preliminary
91 Interpretation
92 Commission to act outside council areas
Division 2—Notifications
93 Notifications during building work
Division 3—Safety, health and amenity
94 Essential safety provisions
95 Fire safety requirements—smoke alarms in dwellings
96 Fire safety requirements—brush fences
97 Health and amenity
Division 4—General
98 Building Rules: bushfire prone areas
99 Construction Industry Training Fund
100 Fire safety relating to existing class 2 to 9 buildings
Part 11—Classification and occupation of buildings
101 Preliminary
102 Classification of buildings
103 Certificates of occupancy
104 Statement of Compliance
Part 12—Crown development
105 Exclusion from the definition of State agency
106 Developments excluded from approval and notice
107 General scheme
108 Lapse of approval
Part 13—Mining
109 Mining production tenements
Part 14—Land management agreements
110 Register of land management agreements (section 192)
111 Register of land management agreements (section 193)
Part 15—Performance of certain functions relating to buildings and building work
112 Authorised officers and inspections
113 Fire safety
Part 16—Enforcement
114 Civil penalties
115 Offences by bodies corporate—responsibilities of officers
Part 17—Rights of review and appeal
116 Rights of review and appeal
Part 18—Miscellaneous
117 Service of notices
118 Prescribed rate of interest
119 Application of Fund
120 Record of applications
121 Documents to be provided by an accredited professional
122 Certificates of technical experts
123 Accreditation of building products
124 General offence
125 Declaration of commercial competitive interest
126 Additional expiable offences
127 Issue of expiation notices
128 Limitation of time when action must be taken
Schedule 1—Register of interest—primary return
Schedule 2—Register of interest—ordinary return
Schedule 3—Additions to definition of development
1 Excavation or filling in identified zones or areas
2 Excavation or filling—local heritage places
3 Excavation or filling in identified zones or areas subject to inundation or flooding
4 Levee, mound over 3 m in height
5 Excavating or filling—coastal land etc
6 Coastal protection structures
7 River Murray—infrastructure
8 Display of advertisements
9 Land division—certain Crown lands
Schedule 4—Exclusions from definition of development—general
1 Advertising displays
2 Council works
3 Land division
4 Sundry minor operations
5 Use of land and buildings
6 Special cemetery buildings
7 Inground sewerage pumping stations
8 Inground water valve chamber
9 Certain building work outside council areas
10 Demolition of buildings
11 Dams
12 Amalgamation of land
13 Aerials, towers etc
14 Railway activities
15 Gas infrastructure
16 Solar photovoltaic panels
17 Aquaculture development
18 Removal of trees in certain cases
19 Cultana Training Area
20 Recreation paths
21 Car parks etc in Osborne area of City of Port Adelaide Enfield
Schedule 5—Exclusions from definition of development—State heritage areas
1 Advertising displays
2 Council works
3 Retirement units
4 Sundry minor operations
5 Use of land and buildings
6 Painting
Schedule 6—Relevant authority—Commission
1 Areas of all councils
2 Adelaide Park Lands
3 City of Adelaide—developments over $10m
4 Inner Metropolitan Area—buildings exceeding 4 storeys
5 City of Port Adelaide Enfield—developments over $3m in identified area
6 West Beach Recreation Reserve
7 Private Open Space
8 City of Charles Sturt—developments over $3m in identified area
9 Certain electricity generators
10 Railways
11 Show grounds
12 Kangaroo Island—tourism development over $3m in certain conservation areas
13 University developments over $10m
Schedule 7—Complying building work
1 Dams
2 Pergolas
3 Demolition
4 Alterations
5 Building work outside council area
6 Haysheds etc
7 Stockyards
8 Sundry minor operations
9 Aquaculture
10 Aerials, towers etc
11 Railways
Schedule 8—Plans
1 Plans for certain types of development
2 Plans for residential alterations, additions and new dwellings
3 Plans for swimming pools
4 Plans for building work
5 Requirements for development near coast
6 Statement relating to electricity infrastructure
7 Requirements for general land division applications for development approval—proposal plans
8 Additional requirements for community plans
9 Land division certificates—final plan
10 Activities of environmental significance
11 Water resources requirements
12 Referrals with respect to River Murray Protection Areas
13 Referrals with respect to the use of River Murray water within the Murray‑Darling Basin
14 Additional requirements for bushfire prone areas
15 Additional requirements for certain electricity generators
Schedule 9—Referrals
1 Interpretation
2 Deferral of referral
3 Table
Schedule 10—Work that affects stability of other land or premises
Schedule 11—Form of endorsement of scheme description—community titles
Schedule 12—Land division certificate—prescribed form
Schedule 13—State agency development exempt from approval
1 Interpretation
2 General
3 Certain development in part of City of Mitcham
4 River Murray area
5 Certain development within the Park Lands
Schedule 14—Mining production tenements
1 Adelaide and Environs
2 The Coast
3 Other Areas
Schedule 15—Civil penalties
1 Form of notice of right to elect to be prosecuted (regulation 114)
Schedule 16—Map of initial part of designated Osborne area
Schedule 17—Map of additional part of designated Osborne area
10 Revocation of Schedules 1 and 2
Part 1—Preliminary
1—Short title
These regulations may be cited as the Planning, Development and Infrastructure (General) (Development Assessment) Variation Regulations 2019.
2—Commencement
These regulations come into operation on 1 July 2019.
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 Planning, Development and Infrastructure (General) Regulations 2017
4—Variation of regulation 3—Interpretation
Regulation 3—after the definition of Act insert:
AHD, in relation to the potential for inundation, means Australian height datum;
ARI means average recurrence interval of a flood event;
coastal land means land that is within the Coastal Areas Overlay under the Planning and Design Code;
designated airport building heights area means an area identified under the Planning and Design Code (whether by use of an overlay or otherwise) as a designated airport building heights area;
designated building means a building, or class of building, designated by the Minister in a notice under Schedule 8, clause 4(1)(j);
designated building product means a building product, or kind of building product, designated by the Minister in a notice under Schedule 8, clause 4(1)(j);
designated environmental zone, subzone or overlay means an environmental zone, subzone or overlay identified under the Planning and Design Code as a designated environmental zone, subzone or overlay;
designated flood zone, subzone or overlay means a flood zone, subzone or overlay identified under the Planning and Design Code as a designated flood zone, subzone or overlay;
designated regulated tree overlay means an overlay identified under the Planning and Design Code as a designated regulated tree overlay;
essential safety provisions means—
(a)in relation to a building erected or altered after 17 June 1991—any safety systems, equipment or other provisions defined as such, or required to be installed under the Building Rules or a Ministerial building standard, any former regulations under the Development Act 1993 or the Building Act 1971, or any Minister's Specification under the Development Act 1993; or
(b)in relation to a building erected or altered after 1 January 1974 but before 17 June 1991—any safety systems, equipment or other provisions required under Part 59 of the revoked Building Regulations 1973 to be inspected, tested or maintained in good working order or submitted to a council, and in the case of log books, to be maintained and kept;
fire authority means—
(a)in relation to any part of the State where the South Australian Metropolitan Fire Service has responsibility for the provision of fire-fighting services—the South Australian Metropolitan Fire Service;
(b)in relation to any other part of the State—the South Australian Country Fire Service;
home activity means a use of a site by a person resident on the site—
(a)that does not detrimentally affect the amenity of the locality or any part of the locality; and
(b)that does not require or involve any of the following:
(i)assistance by more than 1 person who is not a resident in the dwelling;
(ii)use (whether temporarily or permanently) of a floor area exceeding 30 m2;
(iii)the imposition on the services provided by a public utility organisation of any demand or load greater than that which is ordinarily imposed by other users of the services in the locality;
(iv)the display of goods in a window or about the dwelling or its curtilage;
(v)the use of a vehicle exceeding 3 tonne tare in weight;
Metropolitan Adelaide means Metropolitan Adelaide as defined by GRO Plan 639/93;
outbuilding does not include a private bushfire shelter;
private bushfire shelter means a building, associated with a Class 1a building under the Building Code, that may as a last resort provide shelter for occupants from the immediate life threatening effects of a bushfire event;
writing in relation to an advertisement, means all modes of representing or reproducing in visible form (other than by means of any illuminating or self-illuminating devices) words, figures, emblems or other symbols or any combination of words, figures, emblems or other symbols.
Regulation 3—after its present contents as varied by this regulation (now to be designated as subregulation (1)) insert:
(2)The Planning and Design Code may identify—
(a)different airport building heights areas as designated airport building heights areas; and
(b)different environmental zones, subzones or overlays as designated environmental zones, subzones or overlays; and
(c)different flood zones, subzones or overlays as designated flood zones, subzones or overlays,
in relation to different provisions of these regulations.
(3)Subject to these regulations and the Planning and Design Code, if requirements for minimum finished floor levels expressed by reference to ARI or AHD are set out under the Planning and Design Code in respect of a zone, subzone or overlay, the zone, subzone or overlay will be taken to be a designated flood zone, subzone or overlay for the purposes of these regulations.
(4)For the purposes of these regulations, a reference to the natural surface of the ground, in relation to proposed development, is a reference to the existing ground level before the development is undertaken (disregarding any preparatory work or related work that has been (or is to be) undertaken for the purposes of the development).
(5)For the purposes of these regulations, a reference to a particular level or class of accredited professional is a reference to that level or class of accredited professional under the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019.
5—Insertion of regulations 3A to 3I
After regulation 3 insert:
3A—Application of Act (section 8)
(1)In accordance with section 8 of the Act, sections 151, 152 and 153 of the Act (relating to the classification and occupation of buildings) do not apply to any Class 1 or 10 building under the Building Code that is not within the area of a council.
(2)In accordance with section 8(2) of the Act, section 102(1)(d)(viii) of the Act does not apply in respect of development that does not involve the creation of a new boundary—
(a)that separates 2 or more sole occupancy units within an existing building; or
(b)that bounds a public corridor within an existing building; or
(c)that is within a prescribed separation distance from an existing building.
(3)In accordance with section 8(2) of the Act, section 102 subsection (9) of the Act applies, in respect of development to which subsection (1)(d)(viii) of that section applies (taking into account the operation of subregulation (2)), on the basis that a reference to the Building Rules is a reference to Section C of Volume 1, and P 2.3.1 of Volume 2, of the Building Code.
(4)In this regulation—
prescribed separation distance, in relation to a building, means the separation distance that applies to the building under the Building Code for the purpose of determining requirements for fire-resistance of building elements under the Code;
sole occupancy unit has the same meaning as in the Building Code.
3B—Additions to definition of development
An act or activity in relation to land specified in Schedule 3 is declared to constitute development for the purposes of the Act.
3C—Exclusions from definition of development—general
(1)Subject to this regulation, an act or activity specified in Schedule 4 is declared not to constitute development for the purposes of the Act.
(2)An exclusion under Schedule 4 is subject to any condition or limitation prescribed by Schedule 4 for the relevant act or activity.
(3)An exclusion under Schedule 4 does not apply in respect of a State heritage place.
(4)An exclusion under Schedule 4 does not apply in respect of any work involving any repair to, or alteration or restoration of, a building that would cause the building not to comply with the Building Rules.
(5)Nothing in this regulation or Schedule 4 affects the operation of Schedule 5.
3D—Exclusions from definition of development—State heritage areas
(1)Subject to this regulation, an act or activity specified in Schedule 5 that is to be undertaken within the State Heritage Area Overlay under the Planning and Design Code is declared not to constitute development for the purposes of the Act.
(2)An exclusion under Schedule 5 is subject to any condition or limitation prescribed by Schedule 5 for the relevant act or activity.
(3)An exclusion under Schedule 5 does not apply in respect of any work involving any repair to, or alteration or restoration of, a building that would cause the building not to comply with the Building Rules.
3E—Change in classification of buildings
Any work or activity that results in a change to the classification of a building under the Building Code is prescribed as building work for the purposes of the Act.
3F—Regulated and significant trees
(1)Subject to this regulation, the following are declared to constitute classes of regulated trees for the purposes of paragraph (a) of the definition of significant tree in section 3(1) of the Act, namely trees within a designated regulated tree overlay that have a trunk with a circumference of 2 m or more or, in the case of trees that have multiple trunks, that have trunks with a total circumference of 2 m or more and an average circumference of 625 mm or more, measured at a point 1 m above natural ground level.
(2)Subject to this regulation—
(a)a prescribed criterion for the purposes of paragraph (b) of the definition of significant tree in section 3(1) of the Act is that a regulated tree under subregulation (1) has a trunk with a circumference of 3 m or more or, in the case of a tree with multiple trunks, has trunks with a total circumference of 3 m or more and an average circumference of 625 mm or more, measured at a point 1 m above natural ground level; and
(b)regulated trees under subregulation (1) that are within the prescribed criterion under paragraph (a) are to be taken to be significant trees for the purposes of the Act.
(3)For the purposes of subregulations (1) and (2), the measurement of the circumference of the trunks of a tree with multiple trunks is to be undertaken on the basis of the actual circumference of each trunk and without taking into account any space between the trunks.
(4)Subregulations (1) and (2) do not apply—
(a)to a tree located within 10 m of an existing dwelling or an existing in‑ground swimming pool, other than a tree within 1 of the following species (or genus) of trees:
Agonis flexuosa (Willow Myrtle)
Eucalyptus (any tree of the genus); or
(b)to a tree within 1 of the following species of trees:
Acer negundo (Box Elder)
Acer saccharinum (Silver Maple)
Ailanthus altissima (Tree of Heaven)
Alnus acuminate subsp. Glabrata (Evergreen Alder)
Celtis australis (European Nettle Tree)
Celtis sinensis (Chinese Nettle Tree)
Cinnamomum camphora (Camphor Laurel)
Cupressus macrocarpa (Monterey Cypress)
Ficus spp. (Figs), other than Ficus macrophylla (Morton Bay Fig) located more than 15 m from a dwelling
Fraxinus angustifolia (Narrow‑leaved Ash)
Fraxinus angustifolia ssp. Oxycarpa (Desert Ash)
Pinus radiata (Radiata Pine/Monterey Pine)
Platanus x acerifolia (London Plane)
Populus alba (White Poplar)
Populus nigra var. italica (Lombardy Poplar)
Robinia pseudoacacia (Black Locust)
Salix babylonica (Weeping Willow)
Salix chilensis 'Fastigiata' (Chilean Willow, Evergreen Willow, Pencil Willow)
Salix fragilis (Crack Willow)
Salix x rubens (White Crack Willow, Basket Willow)
Salix x sepulcralis var. chrysocoma (Golden Weeping Willow)
Schinus areira (Peppercorn Tree); or
(c)to a tree belonging to a class of plants to which a declaration by the Minister under Chapter 8 Part 1 of the Natural Resources Management Act 2004 applies; or
(d)to a tree that may not be cleared without the consent of the Native Vegetation Council under the Native Vegetation Act 1991; or
(e)to a tree planted as part of a woodlot, orchard or other form of plantation created for the purpose of growing and then harvesting trees or any produce.
(5)For the purposes of subregulation (4), the distance between a dwelling or swimming pool and a tree will be measured from the base of the trunk of the tree (or the nearest trunk of the tree to the dwelling or swimming pool) to the nearest part of the dwelling or swimming pool at natural ground level.
Note—
The scheme set out in subregulations (1) to (5) relates to the declaration of trees to be regulated trees or significant trees by regulations under the Act. A tree may also be declared to be a significant tree by the Planning and Design Code, and such a declaration has effect independently from those subregulations.
(6)For the purposes of the definition of tree damaging activity in section 3(1) of the Act, pruning—
(a)that does not remove more than 30% of the crown of the tree; and
(b)that is required to remove—
(i)dead or diseased wood; or
(ii)branches that pose a material risk to a building; or
(iii)branches to a tree that is located in an area frequently used by people and the branches pose a material risk to such people,
is excluded from the ambit of that definition.
3G—Aboveground and inflatable pools
(1)Any work or activity involving the construction of an aboveground or inflatable swimming pool which is capable of being filled to a depth exceeding 300 mm is prescribed under paragraph (b) of the definition of building work in section 3(1) of the Act.
(2)However—
(a)subregulation (1) does not apply if—
(i)the swimming pool is being placed where, or approximately where, the pool, or another pool capable of being filled to a depth exceeding 300 mm, has been previously located within the last 2 years; and
(ii)the placing of the pool, or another pool, at that location (or approximately that location)—
(A)has been previously granted approval under this Act or the repealed Act, other than where any safety features required on account of that approval have been removed; or
(B)occurred before 1 January 2004, other than where the pool that was previously so located did not incorporate a filtration system; and
(b)subregulation (1) applies subject to any exclusions from the ambit of the definition of development under Schedule 4 or 5.
(3)In this regulation—
swimming pool includes—
(a)a paddling pool; and
(b)a spa pool (but not a spa bath).
3H—Public notice
(1)For the purposes of the definition of public notice under the Act, public notice is a notice that is—
(a)published in a newspaper circulating generally in the area of the State that is relevant to the matter in relation to which public notice is to be given; and
(b)published on the SA planning portal; and
(c)for the purposes of section 113(5)(b) and (10)(b) of the Act, published in a newspaper circulating generally throughout the State; and
(d)for the purposes of section 131(13) of the Act, placed on the relevant land in accordance with the requirements of regulation 107(6).
(2)Subregulation (1)(d) does not apply—
(a)in relation to any part of the State that is not within the area of a council; or
(b)in relation to development that is to be carried out wholly on land covered by water.
3I—Prescribed period (section 44(12)(b))
For the purposes of section 44(12)(b) of the Act, the period of 15 business days is prescribed.
6—Revocation of regulation 4
Regulation 4—delete the regulation
7—Insertion of regulation 6A
After regulation 6 insert:
6A—Provision of documents and notices via the SA planning portal
(1)For the purposes of these regulations, any requirement to provide, furnish or lodge an application, document or other information to or with a person, body or other entity, or to provide or give a notification, may be satisfied by providing the application, document or other information, or by providing the notification, (as the case may be) via the SA planning portal, subject to complying with any relevant requirements applying under Part 4 Division 2 of the Act.
(2)However—
(a)subregulation (1) applies (and only applies) to the extent to which the SA planning portal has the facilities to allow the provision of an application, document or other information, or the provision of a notice, in the particular circumstances; and
(b)to the extent that the SA planning portal does not have the facilities envisaged by subregulation (1), or envisaged by any other provision of these regulations, an application, document or other information, or a notice, may be provided, furnished or lodged—
(i)by email, using the main or designated email address of the relevant person, body or other entity; or
(ii)by delivering the application, document, information or notice to the principal office or address of the relevant person, body or entity.
(3)For the purposes of subregulation (2), the designated email address of a person, body or other entity is an email address designated by the person, body or other entity as being an email address to be used under the Act or these regulations.
8—Variation of regulation 18—Other matters
Regulation 18—delete "not"
9—Insertion of Parts 4 to 18 and Schedules 1 to 19
After Part 3 insert:
Part 4—Statutory instruments
19—Incorporation of material (section 71(b))
For the purposes of section 71(b) of the Act, the following bodies are prescribed:
(a)the Minister, in relation to Ministerial building standards;
(b)Standards Australia;
(c)the Commonwealth Scientific and Industrial Research Organisation;
(d)any body prescribed by these regulations for the purposes of section 122 of the Act.
20—Notice of Code amendment (section 73(6)(d))
For the purposes of section 73(6)(d) of the Act, a notice must—
(a)identify the piece or pieces of land in relation to which the specific impact will apply; and
(b)describe the impact; and
(c)indicate where and when the relevant amendment to the Planning and Design Code may be inspected; and
(d)provide information about the consultation that is to occur under the Community Engagement Charter.
21—Minor or operational amendments (section 76)
The following documents are prescribed for the purposes of section 76(1)(d)(ii) of the Act:
(a)a coastal management plan (or part of a coastal management plan) approved by the Governor under the Coast Protection Act 1972;
(b)an environment protection policy (or part of an environment protection policy) under the Environment Protection Act 1993;
(c)a management plan (or part of a management plan) for a park or reserve adopted under the National Parks and Wildlife Act 1972;
(d)the list or amendment to the list of places entered, either on a provisional or permanent basis, in the State Heritage Register under the Heritage Places Act 1993;
(e)any regulation relating to the development of land under the Electricity Act 1996;
(f)a management plan (or part of a management plan) under the Fisheries Management Act 2007;
(g)an aquaculture policy under the Aquaculture Act 2001;
(h)an NRM plan (or a part of any such plan) prepared under Chapter 4 of the Natural Resources Management Act 2004.
Part 5—Relevant authorities and accredited professionals
22—Prescribed scheme (section 93)
For the purposes of section 93 of the Act—
(a)an assessment manager may act as a relevant authority for the purposes of giving planning consent in relation to—
(i)development that is classified as deemed-to-satisfy development under section 106 of the Act (including where there may be 1 or more minor variations under section 106(2) of the Act); and
(ii)development that is to be assessed under section 107 of the Act, other than where notice of the application must be given under section 107(3) of the Act; and
(b)an Accredited professional—planning level 3 may act as a relevant authority for the purposes of giving planning consent in relation to development that may be assessed as deemed-to-satisfy development under section 106 of the Act (including where there may be 1 or more minor variations under section 106(2) of the Act); and
(c)an Accredited professional—planning level 4 may act as a relevant authority for the purposes of giving planning consent in relation to development that may be assessed as deemed-to-satisfy development under section 106 of the Act, other than where there are 1 or more minor variations under section 106(2) of the Act; and
(d)an Accredited professional—surveyor may act as a relevant authority for the purposes of giving planning consent in relation to development that is constituted solely by the division of 1 or more allotments and that may be assessed as deemed-to-satisfy development under section 106 of the Act, other than where there are 1 or more minor variations under section 106(2) of the Act; and
(e)an assessment manager may act as a relevant authority for the purposes of giving consent under section 102(1)(c) or (d) of the Act.
23—State Planning Commission (section 94)
(1)For the purposes of section 94(1)(a)(ii) of the Act, the Commission is the relevant authority in relation to development of a class specified in Schedule 6.
(2)If the Commission is the relevant authority under section 94(1) of the Act—
(a)in a case where the Minister has acted under section 94(1)(h) of the Act—
(i)the entity that would otherwise be the relevant authority must provide to the Commission any application received by the relevant authority under the Act and these regulations in relation to the matter, together with any accompanying documentation or information and fees (other than where the Commission has indicated that the entity may retain some or all of the fees), within 5 business days after receipt of a copy of the Minister's notice under that section; and
(ii)the Commission may, as it thinks fit—
(A)adopt any act or decision in relation to the assessment of the application that has already been made by a relevant authority (including an act or decision under Part 7 of these regulations);
(B)disregard or reject any act or decision of a relevant authority that has already been made in relation to the assessment of the application; and
(b)in any case relating to development within the area of a council—the Commission must give the chief executive officer of the council for the area in which the development is to be undertaken a reasonable opportunity to provide the Commission with a report (on behalf of the council) on any matter specified under subregulation (3) that is relevant to the particular case (but if a report is not received by the Commission within 15 business days after the request is made to the chief executive officer, or within such longer period as the Commission may allow, the Commission may presume that the chief executive officer does not desire to provide a report).
(3)The following matters are specified for the purposes of a report under subregulation (2)(b):
(a)the impact of the proposed development on the following at the local level:
(i)essential infrastructure;
(ii)traffic;
(iii)waste management;
(iv)stormwater;
(v)public open space;
(vi)other public assets and infrastructure;
(b)the impact of the proposed development on any local heritage place;
(c)any other matter determined by the Commission and specified by the Commission for the purposes of subregulation (2)(b).
24—Assessment managers (section 96)
(1)This regulation applies in addition to the cases prescribed under regulation 22.
(2)For the purposes of section 96 of the Act, and subject to these regulations, an assessment manager may act as a relevant authority for the purposes of giving consent under section 102(1)(e) or (f) of the Act.
25—Accredited professionals (section 97)
(1)This regulation applies in addition to the cases prescribed under regulation 22.
(2)For the purposes of section 97 of the Act, and subject to these regulations, an Accredited professional—building level 1 may act as a relevant authority—
(a)for the purposes of giving planning consent in relation to deemed-to-satisfy development of a class determined by the Minister for the purposes of this subregulation (other than where there may be 1 or more variations); and
(b)for the purposes of giving building consent in relation to any class of development.
(3)For the purposes of section 97 of the Act, and subject to these regulations, if the requirement of subregulation (5) is satisfied, an Accredited professional—building level 2 may act as a relevant authority for the purposes of giving building consent in relation to building work that relates to a building that does not have, or will not have when the development is completed—
(a)a rise in storeys exceeding 3; or
(b)a floor area exceeding 2 000 m2.
(4)For the purposes of section 97 of the Act, and subject to these regulations, if the requirement of subregulation (5) is satisfied, an Accredited professional—building level 3 may act as a relevant authority for the purposes of giving building consent in relation to building work that relates to a Class 1 or 10 building under the Building Code that does not have, or will not have when the development is completed—
(a)a rise in storeys exceeding 2; or
(b)a floor area exceeding 500 m2.
(5)This subregulation requires that the calculations used for the purposes of the relevant building work referred to in subregulation (3) or (4) have been certified by an independent technical expert.
(6)In addition, for the purposes of section 97 of the Act, and subject to these regulations, an Accredited professional—building level 1, 2 or 3 may act as a relevant authority (in respect of development for which they are authorised to give building consent under a preceding subregulation) in relation to the following:
(a)the issue of a schedule of essential safety provisions;
(b)the assignment of a classification to a building under these regulations;
(c)the provision of a Statement of Compliance.
(7)In this regulation—
independent technical expert means a person who, in relation to building work—
(a)is not the building owner or an employee of the building owner; and
(b)has not—
(i)been involved in any aspect of the relevant development (other than through the provision of preliminary advice of a general nature); or
(ii)had a direct or indirect pecuniary interest in any aspect of the relevant development or any body associated with any aspect of the relevant development; and
(c)has engineering or other qualifications that the relevant authority is satisfied, on the basis of advice received from the accreditation authority under the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019, a relevant professional association, or another relevant registration or accreditation authority, qualify the person to act as a technical expert under this regulation.
26—Requirement to obtain advice of accredited professional
(1)For the purposes of section 235(2) of the Act, if the Commission or an assessment panel does not act under section 99(1) of the Act in relation to development that involves the performance of building work, the Commission or assessment panel (as the case may be) must, in assessing the development in respect of the Building Rules, seek and consider the advice of an accredited professional who would be qualified to give building consent in relation to the building work if the accredited professional were acting as a relevant authority in the particular case.
(2)For the purposes of section 235(2) of the Act, a council acting under section 99(2)(a)(i) of the Act must, in assessing the development in respect of the Building Rules, seek and consider the advice of an accredited professional who would be qualified to give building consent in relation to the building work if the accredited professional were acting as a relevant authority in the particular case.
Part 6—Development assessment - related principles
27—Impact assessed development - categorisation
(1)For the purposes of section 108(7) of the Act, the following sections of Part 7 Division 2 will apply in relation to a project that is the subject of a declaration under section 108(1)(c) of the Act:
(a)section 109(1)(b) and (2)(b);
(b)section 111(2)(d) and (3);
(c)sections 113 and 114;
(d)section 116(a);
(e)section 117.
(2)For the purposes of section 108(9) of the Act, the following principles are prescribed:
(a)the character of the receiving environment;
(b)the potential social, economic and environmental impacts of the development or project;
(c)the resilience of the environment to cope with change;
(d)the degree of confidence in the prediction of impacts resulting from the development or project;
(e)the extent to which undesirable impacts which may occur are likely to be irreversible;
(f)the extent to which impacts, and requirements for monitoring and assessing impacts, will be ongoing;
(g)the presence of other statutory assessment or policy frameworks which provide other procedures or processes to address any issues of concern.
(3)For the purposes of taking into account the principles prescribed by subregulation (2), consideration must be given to—
(a)the extent of impacts by an analysis of their—
(i)type; and
(ii)size; and
(iii)scope; and
(iv)intensity; and
(v)duration; and
(b)the nature of impacts by an analysis of—
(i)the degree to which the impacts are predictable; and
(ii)the resilience of the environment to cope with change; and
(iii)the degree to which the impacts can be reversed; and
(iv)the degree to which the impacts can be managed or mitigated; and
(v)the degree to which performance criteria can be applied in the circumstances of the case; and
(c)the significance of impacts by an analysis of—
(i)the degree to which the impacts adversely affect environmentally sensitive areas; and
(ii)the degree to which the impacts are acceptable considering the nature of the impacts; and
(d)other factors determined to be relevant by the Minister.
28—Complying building work
(1)For the purposes of section 118(1) of the Act, building work assessed by a relevant authority as being in a form specified in Schedule 7 must be granted building consent.
(2)Subregulation (1) does not apply in relation to—
(a)building work that affects a State heritage place; or
(b)building work to the extent excluded under a provision of Schedule 7.
Part 7—Assessment—processes and assessment facilitation
Division 1—Applications
29—Application to relevant authority
(1)Subject to these regulations, an application for a development authorisation under section 101 or 102(1) of the Act in relation to a proposed development may—
(a)be lodged electronically via the SA planning portal (and in accordance with any relevant requirements applying under Part 4 Division 2 of the Act); or
(b)be lodged with the relevant authority at the principal office of the relevant authority in accordance with the requirements of these regulations.
(2)An application to be lodged with an accredited professional (other than an assessment manager) will be lodged with the accredited professional in such manner as the accredited professional may require.
(3)A person who is lodging an application must comply with any other relevant requirement specified by a practice direction.
(4)A relevant authority who receives an application under subregulation (1)(b) or (2) must lodge the application on the SA planning portal within 5 business days after receipt of the application.
30—Plans, fees and related provisions
(1)An application to a relevant authority under section 119(1) of the Act must be accompanied by a copy of the plans, drawings, specifications and other documents and information relating to the proposed development required under Schedule 8 (prepared in accordance with the requirements of that Schedule).
(2)However—
(a)an applicant must not be required to comply with a requirement under Schedule 8 unless the requirement is directly relevant to the application; and
(b)if the application seeks consent for some, but not all, of the relevant matters referred to in section 102(1) of the Act, the plans, drawings, specifications and other documents and information must accord with Schedule 8 to such extent as may be appropriate to the matters to which the consent is sought.
31—Verification of application
(1)Subject to subregulation (2), on the receipt of an application under section 119 of the Act, and in addition to any other requirement under these regulations, a relevant authority that has received the application must, in order to ensure that an application has been correctly lodged and can be assessed in accordance with the Act—
(a)determine the nature of the development; and
(b)if the application is for planning consent—determine—
(i)whether the development involves 2 or more elements and, if so, identify each of those elements for the purposes of assessment against the provisions of the Planning and Design Code; and
(ii)the category or categories of development that apply for the purposes of development assessment; and
(c)determine whether the relevant authority is the correct entity to assess the application under the Act; and
(d)if the relevant authority is the correct entity to assess the application (or any part of the application)—
(i)check that the appropriate documents and information have been lodged with the application; and
(ii)confirm the fees required to be paid at that point under the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019; and
(iii)provide an appropriate notice via the SA planning portal; and
(e)if the relevant authority is not the correct entity to assess the application (or any part of the application)—
(i)provide the application (or any relevant part of the application), and any relevant plans, drawings, specifications and other documents and information in its possession, to the entity that it considers to be the correct relevant authority in accordance with any practice direction; and
(ii)provide an appropriate notice via the SA planning portal.
(2)The following provisions apply in connection with subregulation (1):
(a)the relevant authority must comply with subregulation (1) within 5 business days after receiving the application; and
(b)an entity that receives an application under subregulation (1)(e) (or a notice provided via the SA planning portal) must repeat the steps envisaged by that subregulation in relation to the application.
(3)This regulation does not apply in relation to a council acting as a relevant authority under section 99 of the Act.
32—Application for accepted development
If a relevant authority for the purposes of providing planning consent under the Act determines that the development falls within the category of accepted development, the relevant authority must (within 5 business days after receiving the application) advise the applicant accordingly.
33—Application and further information
(1)For the purposes of section 119(4) of the Act (but subject to this regulation), deemed-to-satisfy development that only comprises 1 or more of the following elements is prescribed:
(a)the construction of 1 or more dwellings;
(b)an alteration or addition to an existing dwelling;
(c)the construction of an outbuilding, garage, verandah, pergola or swimming pool associated with residential development.
(2)For the purposes of section 119(5) of the Act (but subject to this regulation), the following classes are prescribed:
(a)deemed-to-satisfy development that does not fall within the ambit of subregulation (1);
(b)development that will be assessed under section 107 of the Act.
(3)Subregulations (1) and (2) do not apply to the extent that the relevant authority, acting under section 119(9)(a) of the Act, permits an applicant—
(a)to vary an application; or
(b)to vary any plans, drawings, specifications or other documents that accompanied the application.
(4)Subregulations (1) and (2) do not apply in relation to seeking clarification about any document or information that has been provided by the applicant.
(5)For the purposes of section 119(5)(d), the period of 10 business days from the day on which notice has been provided under regulation 31(1) or, if a later day, the day on which the appropriate fees have been paid by the applicant, is prescribed.
(6)This regulation does not apply in relation to any documents or information that the applicant determines or agrees to provide in any event.
34—Period for additional information and other matters
(1)In accordance with section 119(6)(b) of the Act, if a request is made by a relevant authority under section 119(3) of the Act, the request must be complied with by the applicant within the period of 60 business days from the date of the request, or within such longer period as the relevant authority may allow.
(2)For the purposes of section 119(11) of the Act, any period of time in excess of 1 year required by the applicant to act as contemplated by that subsection is to be included in the time within which the relevant authority is required to decide the application.
35—Amended applications
(1)If a relevant authority permits an applicant to vary an application under section 119(9) of the Act, the date of receipt of the application as so varied (together with any amended plans, drawings, specifications or other documents or information, and appropriate fee) will, for the purposes of the time limits prescribed in Division 4, be taken to be the relevant day.
(2)However, subregulation (1) does not apply if the variations to the application are not substantial.
(3)If an application is varied following referral under Division 2 or giving of notice under Division 3, the relevant authority may, if the variations are not substantial, consider the application without the need to repeat an action otherwise required under Division 2 or Division 3.
(4)If a variation would change the essential nature of a proposed development (as referred to in section 119(9)(a) of the Act), the relevant authority and the applicant may, by agreement, proceed with the variation on the basis that the application (as so varied) will be treated as a new application under these regulations.
36—Certification of building industry insurance
(1)In this regulation—
certificate of insurance, in relation to domestic building work, means the certificate required under Part 5 Division 3 of the Building Work Contractors Act 1995 evidencing the taking out of a policy of insurance in accordance with that Division in relation to that work;
domestic building work means building work—
(a)that constitutes domestic building work performed by a building work contractor under a domestic building work contract or on the building work contractor's own behalf under the Building Work Contractors Act 1995; and
(b)in relation to which a policy of insurance is required to be taken out in accordance with Part 5 Division 3 of that Act.
(2)The owner of land on which domestic building work is to be performed must ensure that a copy of a certificate of insurance in relation to that work is lodged with the relevant authority—
(a)—
(i)if a domestic building work contract for that building work has been entered into before the lodgment of an application for building consent under section 102(1)(b) of the Act; or
(ii)if the domestic building work is to be performed by a builder on the builder's own behalf,
at the same time as the application for building consent is lodged under these regulations; or
(b)in any other case—on or before the giving of notice of the intended commencement of the building work under Part 10 Division 2 of these regulations.
(3)A person must not commence domestic building work unless or until a copy of a certificate of insurance in relation to that work has been lodged in accordance with subregulation (2).
Maximum penalty: $2 500.
Expiation fee: $500.
37—Regulated and significant trees
For the purposes of subsections (7) and (8) of section 119 of the Act, the qualifications of a person providing an expert or technical report within the contemplation of either subsection is a Diploma in Arboriculture recognised in the Australian tertiary training system, or a comparable or higher qualification.
38—Withdrawing/lapsing applications
(1)If an application is withdrawn by the applicant under section 119(14) of the Act, the relevant authority must notify—
(a)any agency to which the application has been referred under Division 2; and
(b)any person who has made a representation in relation to the application under Division 3,
of the withdrawal.
(2)A relevant authority may lapse an application for a development authorisation under Part 7 of the Act if at least 1 year has passed since the date on which the application was lodged with the relevant authority under the Act.
(3)A relevant authority must, before it takes action to lapse an application under subregulation (2)—
(a)take reasonable steps to notify the applicant of the action under consideration; and
(b)allow the applicant a reasonable opportunity to make submissions to the relevant authority (in a manner and form determined by the relevant authority) about the proposed course of action.
(4)An applicant is not entitled to a refund of any fees if an application is lapsed under this regulation.
(5)If—
(a)an application relates to development that is to be assessed under section 107 of the Act, or to development classified as restricted development; and
(b)at least 1 year has passed since the date on which notice of the application was given under section 107(3)(a) or 110 of the Act (as the case may be),
the relevant authority must not give a planning consent under section 102(1) of the Act unless a new notice of the application has been given under section 107(3) or 110 of the Act.
39—Contravening development
An application for consent or approval may be made under these regulations notwithstanding that the development has been commenced or undertaken, or is continuing, in contravention of the Act.
40—Court proceedings
Subject to section 214(14) of the Act, a relevant authority which has received an application under these regulations may, by notice in writing to the applicant, decline to deal with the application until any proceedings under the Act have been concluded.
Division 2—Referrals
41—Referrals
(1)For the purposes of section 122 of the Act—
(a)the classes of development set out in Schedule 9 are prescribed; and
(b)the bodies set out in Schedule 9 are prescribed in relation to the respective classes of development; and
(c)the relevant periods set out in Schedule 9 are prescribed in relation to the respective bodies.
(2)A prescribed body must, immediately after making a request under section 122(3) of the Act, notify the relevant authority of the request via the SA planning portal (and, in doing so, provide reasonable information about what is requested).
(3)A request under section 122(3) of the Act must be made within 10 business days after the prescribed body receives the application.
(4)Two or more prescribed bodies may provide a joint response for the purposes of section 122 of the Act.
42—Additional information or amended plans
(1)If a relevant authority has referred an application to a prescribed body under this Division and the relevant authority subsequently receives additional information, or an amended plan, drawing or specification, which is materially relevant to the referral, or to any report obtained as part of the referral process, it may repeat the referral process, and must do so if it appears that the additional information or amendment is significant.
(2)Any action taken by a prescribed body as a result of additional information, or a plan, drawing or specification, received under subregulation (1) will, to the extent of any inconsistency with any previous action taken by the prescribed body, override that previous action.
43—River Murray
(1)In this regulation—
related operational Act means a related operational Act under the River Murray Act 2003.
(2)If an application for the consent or approval of a proposed development must be referred under Schedule 9 to the Minister for the time being administering the River Murray Act 2003, that Minister—
(a)must, in considering the application, take into account any matter raised by another Minister or other authority responsible for, or involved in, the administration of a related operational Act that is provided to that Minister in response to the referral of the application by that Minister to the other Minister or authority for comment and that is provided to that Minister within a period specified by that Minister; and
(b)may, in providing a response to the relevant authority under section 122 of the Act, make that response on the basis of a matter referred to in paragraph (a).
44—Appeals
(1)In accordance with section 122(6) of the Act, no appeal lies against—
(a)a refusal of an application if the relevant authority is acting at the direction of the Technical Regulator under item 14 of the table in Schedule 9 clause 3; or
(b)a condition imposed by a relevant authority in accordance with a direction by the Technical Regulator under item 14 of the table in Schedule 9 clause 3.
45—Building matters
(1)If a relevant authority, in assessing an application for building consent, considers that—
(a)a proposed performance solution within the meaning of the Building Code requires assessment against a performance requirement of the Building Code which provides for the intervention of a fire authority; or
(b)the proposed development is at variance with a performance requirement of the Building Code which provides for the intervention of a fire authority; or
(c)special problems for fire fighting could arise due to hazardous conditions of a kind described in Section E of the Building Code,
then the relevant authority must refer the application to the relevant fire authority for comment and report unless the fire authority indicates to the relevant authority that a referral is not required.
(2)If a report is not received from the fire authority on a referral under subregulation (1) within 20 business days, the relevant authority may presume that the fire authority does not desire to make a report.
(3)The relevant authority must have regard to any report received from a fire authority under this regulation.
(4)If, in respect of an application referred to a fire authority under this regulation, the fire authority—
(a)recommends against the granting of building consent; or
(b)concurs in the granting of consent on conditions specified in its report,
but the relevant authority—
(c)proposes to grant building consent despite a recommendation referred to in paragraph (a); or
(d)does not propose to impose the conditions referred to in paragraph (b), or proposes to impose the conditions in varied form, on the grant of consent,
the relevant authority—
(e)must refer the application to the Commission; and
(f)must not grant consent unless the Commission concurs in the granting of the consent.
(5)A relevant authority must provide to the Commission a copy of any report received from a fire authority under subregulation (1) that relates to an application that is referred to the Commission under the Act.
(6)For the purposes of section 118(5) of the Act, building work comprising or including the construction or installation of a private bushfire shelter must not be granted a building consent unless the Commission concurs in the granting of the consent.
46—Preliminary advice and agreement (section 123)
(1)In this regulation—
prescribed body means a prescribed body under section 122 of the Act.
(2)An application to a prescribed body for the purposes of section 123 of the Act—
(a)must be made in a form determined by the Minister for the purposes of this regulation (being a form published by the Minister in the Gazette); and
(b)must be accompanied by such plans, drawings, specifications or other documents as may be determined by the Minister in publishing a form under paragraph (a).
(3)For the purposes of section 123(2)(c) of the Act, an agreement of a prescribed body—
(a)must be endorsed or certified by the prescribed body; and
(b)must be accompanied by such plans, drawings, specifications or other documents submitted under subregulation (2)(b) that are relevant to the agreement, being documents endorsed or certified by the prescribed body.
(4)For the purposes of section 123(3)(a) of the Act, the prescribed fee is equal to the fee that would be payable under the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019 for a referral to a prescribed body had the application been for planning consent rather than under section 123 of the Act.
(5)If an applicant for planning consent proposes to rely on an agreement under section 123 of the Act, the applicant must ensure that the application lodged under regulation 29 is accompanied by a copy of the agreement and other documents endorsed or certified under subregulation (3).
(6)If—
(a)a relevant authority permits an applicant to vary an application under section 119(9) of the Act; and
(b)the relevant authority determines that the application no longer accords with the agreement indicated by the prescribed body,
then the application must (unless withdrawn) be referred to the prescribed body—
(c)to obtain a variation to the agreement under section 123 of the Act; or
(d)to obtain a response from the prescribed body for the purposes of section 122 of the Act (and the requirements of that section, and these regulations in relation to such a referral, other than for the payment of a fee under the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019, will then apply).
(7)If—
(a)an application is withdrawn by the applicant; and
(b)the applicant sought to rely on an agreement under section 123 of the Act in connection with the application,
the relevant authority must notify the relevant prescribed body of the withdrawal.
(8)If—
(a)an application is lapsed by a relevant authority under regulation 38; and
(b)the applicant sought to rely on an agreement under section 123 of the Act in connection with the application,
the relevant authority must notify the relevant prescribed body of the lapsing.
(9)If—
(a)an applicant seeks to rely on an agreement under section 123 of the Act in connection with the application; and
(b)a notice of a decision on the application is issued by the relevant authority under regulation 57,
the relevant authority must provide a copy of the notice to the prescribed body within 5 business days after the notice is given to the applicant under regulation 57.
(10)For the purposes of section 123(2)(d) of the Act, the period of 1 year is prescribed.
Division 3—Notice requirements and consultation
47—Performance assessed development and restricted development
(1)For the purposes of sections 107(3)(a)(i) and 110(2)(a)(i) or (ii) of the Act, a notice to the owner or occupier of each piece of relevant land (being adjacent land and, if relevant, directly affected land) must—
(a)be in writing sent to the address of the land (or to another address used by the owner or occupier known to the relevant authority); and
(b)identify the land on which the development is proposed; and
(c)describe the nature of the proposed development; and
(d)indicate where and when the relevant application may be inspected; and
(e)explain how a representation may be made under the Act.
(2)For the purposes of sections 107(3)(a)(ii) and 110(2)(a)(iv) of the Act, a notice placed on the relevant land must—
(a)be in a form determined by the Commission for the purposes of this regulation; and
(b)be placed in a prominent position as close as is reasonably practicable to a public road and in accordance with any other requirement specified by a relevant practice direction (if any); and
(c)comply with any requirements specified by a relevant practice direction (if any) relating to how any such notice is to be displayed and protected from the weather (if it is to be placed in the open).
(3)Subject to subregulation (4), the applicant is responsible for ensuring compliance with the requirements of subregulation (2).
(4)If—
(a)the applicant, in accordance with a procedure specified by a practice direction, requests the relevant authority to place a notice on land under subregulation (2); and
(b)pays the fee prescribed by the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019,
the relevant authority will be responsible for placing the notice on the land.
(5)Subregulation (4) does not apply if the relevant authority is the Minister or the Commission.
(6)The requirement to place a notice on the relevant land under section 107(3)(a)(ii) or 110(2)(a)(iv) of the Act does not apply—
(a)in any part of the State that is not within the area of a council; or
(b)in relation to development that is to be carried out wholly on land covered with water; or
(c)in relation to any place where the provisions of a zone, subzone or overlay under the Planning and Design Code applying to that place provide that such a notice need not be given.
(7)A person must not damage, destroy, obscure or remove a notice placed on land under section 107(3)(a)(ii) or 110(2)(a)(iv) of the Act during the period that applies under section 107(3)(b) or 110(2)(b) (as the case may be).
Maximum penalty: $2 500.
Expiation fee: $500.
(8)For the purposes of section 110(2)(a)(iv), a notice to the public generally must also be given by publishing a notice on the SA planning portal.
(9)This regulation applies subject to the operation of section 107(6) of the Act.
48—Notification of application of tree-damaging activity to owner of land
If an owner of land to which an application for a tree-damaging activity in relation to a regulated tree relates is not a party to the application, the relevant authority must—
(a)give the owner notice of the application within 5 business days after the application is made; and
(b)give due consideration in its assessment of the application to any submission made by the owner within 10 business days after the giving of notice under paragraph (a).
49—Public inspection of applications
(1)For the purposes of sections 107(3) and 110(2) of the Act, the relevant authority must ensure that copies of—
(a)the application; and
(b)any supporting plans, drawings, specifications and other documents or information provided to the relevant authority under section 119 of the Act,
are reasonably available for inspection (without charge) by the public at the principal office of the relevant authority for the period commencing on the day on which notice of the application is first given under this Division and ending on the day on which representations must be lodged with the relevant authority under these regulations.
(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 under that subregulation.
(3)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 the person's 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.
(4)In addition, the relevant authority must ensure that any document or information required to be available under subregulation (1) is also available on the SA planning portal.
(5)The preceding subregulations apply subject to the following qualifications:
(a)the relevant authority is not required to make available any plans, drawings, specifications and other documents or information which relate to the assessment of the proposed development against the Building Rules and which are not reasonably necessary for determining whether planning consent should be granted;
(b)the relevant authority is not required to make available any plans, drawings, specifications and other documents or information if to do so would, in the opinion of the relevant authority, unreasonably jeopardise the present or future security of a building.
50—Representations
(1)For the purposes of sections 107(3)(b) and 110(2)(b) of the Act—
(a)a representation to a relevant authority must be provided to the relevant authority—
(i)in relation to section 107(3)(b) of the Act—within 15 business days after the day on which the notice under section 107(3)(a)(i) would be expected to be received by the owner or occupier of land in the ordinary course of postage under subregulation (2); and
(ii)in relation to section 110(2)(b) of the Act—within 20 business days after the day on which the notice under section 110(2)(a)(i) would be expected to be received by the owner or occupier of land in the ordinary course of postage under subregulation (2); and
(b)a representation must include the name and address of the person (or persons) who are making the representation; and
(c)a representation must set out, with reasonable particularity, the reasons for the representation; and
(d)if a representation is made by 2 or more persons under section 110(2)(b)—the representation should nominate a person who will be taken to be making the representation for the purposes of any subsequent step or proceedings under section 110 of the Act.
(2)For the purposes of subregulation (1), the ordinary course of postage will be taken to be 4 business days from the day on which the notice is sent.
(3)If subregulation (1)(d) applies but a nomination is not made as envisaged by that subregulation, it will be taken that the first person named in, or otherwise indicated by, the representation as being a party to the representation is nominated as the person who will be taken to be making the representation for the purposes of any subsequent step or proceedings under section 110 of the Act.
(4)A representation under subregulation (1) must be in writing.
(5)A relevant authority may also, if it considers that it would assist the relevant authority in making a decision on the application, allow a person—
(a)who has made a representation under subregulation (1) in relation to development being assessed under section 107 of the Act; and
(b)who has indicated an interest in appearing before the relevant authority,
an opportunity (at a time determined by the relevant authority) to appear personally or by representative before it to be heard in support of the representation that has been made under subregulation (1).
(6)If a relevant authority decides to allow a person to appear under subregulation (5), the relevant authority must also give the applicant notice of the place and time where the person has been invited to appear under that subregulation and, if the applicant appears personally or by representative, allow the applicant a reasonable opportunity, on request, to respond to any relevant matter.
(7)This regulation applies subject to the operation of section 107(6) of the Act.
51—Response by applicant
(1)In accordance with sections 107(3)(c) and 110(2)(c) of the Act, a response to a representation must be made by the applicant within 15 business days after the relevant material is forwarded to the applicant, or within such longer period as the relevant authority may allow.
(2)An extension of time allowed by the relevant authority under subregulation (1) is not to be included in the time within which the relevant authority is required to decide the relevant application under these regulations.
52—Notice of hearing of submissions
If in accordance with section 110(2)(c)(ii) of the Act a person is to be allowed to appear personally or by representative before the Commission to be heard in support of a representation, or to respond to any matter, the Commission must, unless the person otherwise agrees, give the person at least 5 business days notice of the place and time at which the person should appear.
Division 4—Determination of application
53—Time within which decision must be made (section 125(1))
(1)In accordance with section 125 of the Act, and subject to these regulations, a relevant authority should deal with an application under Part 7 of the Act (other than where the Minister is the relevant authority under Division 2 Subdivision 4 of that Part) within the following periods, calculated from the relevant day under subregulation (2):
(a)if—
(i)the application seeks planning consent; and
(ii)the proposed development is of a kind prescribed as deemed-to-satisfy development under the Planning and Design Code,
5 business days;
(b)if—
(i)the application seeks planning consent; and
(ii)the proposed development is to be assessed under section 107 of the Act,
20 business days;
(c)if—
(i)the application seeks planning consent; and
(ii)the proposed development is to be assessed under section 110 of the Act,
60 business days;
(d)if—
(i)the application seeks building consent; and
(ii)the building falls within the Class 1 or 10 classification under the Building Code,
20 business days;
(e)in any other case—60 business days,
subject to the qualifications that—
(f)if paragraph (b) applies and the relevant authority is an assessment panel or the Commission, an additional period of 20 business days must be added to the period that applies under that paragraph; and
(g)if paragraph (b) or (c) applies and notice of the application for planning consent must be given under section 107(3) or 110(2) of the Act, an additional period equal to the period for representations under regulation 50, and for the receipt of any response from the applicant under regulation 51, must be added to the relevant period that applies under paragraph (b) or (c) (and, if relevant, paragraph (f)); and
(h)if paragraph (b) or (c) applies and the application must be referred to a prescribed body under section 122(1) of the Act, an additional period equal to the relevant period applying under Schedule 9 plus any period applying under section 122(4) of the Act (or, if more than 1 period, the longest period), must be added to the relevant period that applies under paragraph (b) or (c) (and, if relevant, paragraph (f)); and
(i)if the application must be referred to the Commission under section 118 of the Act—an additional period of 10 business days must be added to the period that applies under paragraph (c) or (e) (as the case may be); and
(j)if the application must otherwise be referred to another body for a report or concurrence under the Act or these regulations, or another body is entitled to report on the application under these regulations—an additional period equal to the time within which a report must be made by the body under these regulations in order to be taken into account for the purposes of any assessment must be added to the period that applies under paragraph (a), (b), (c), (d) or (e) (as the case may be) (and, if relevant, paragraph (f)); and
(k)if the application is the subject of proceedings before the Court before it is decided by the relevant authority—an additional period equal to the time taken by the Court to determine the matter plus an additional period of 10 business days or such longer period as the Court may direct in the particular case.
(2)For the purposes of subregulation (1), the relevant day is the day on which the relevant authority provides a relevant notice under regulation 31(1)(d) or, if a later day, the day on which the appropriate fees have been paid by the applicant.
(3)If 2 or more periods apply by virtue of the operation of subregulation (1)(g), (h) or (j) in a particular case, they will run concurrently.
(4)In addition, if an application seeks more than 1 consent under the Act from the same relevant authority at the same time, the time within which the relevant authority should deal with the application under subregulation (1) will be—
(a)unless paragraph (b) applies—the total of the relevant time periods that apply under that subregulation in relation to each consent; or
(b)if the application is for planning consent and 1 or more consents required under section 102(1)(c), (d), (e) or (f) of the Act—the longest time period that applies under that subregulation in relation to any 1 consent.
(5)Despite a preceding subregulation, where a council is acting as the relevant authority for the purpose of granting the final development approval under the Act and the council has received notice, via a scheme applying under the SA planning portal, that all relevant consents have been granted under Part 7 of the Act (and that none of those consents have lapsed), the council must, within 5 business days—
(a)if the consents are consistent—grant the final development approval; or
(b)if 2 or more consents are inconsistent—take reasonable steps to inform the applicant of the inconsistency.
(6)If or when the council is satisfied that the consents are consistent with each other after taking steps under subregulation (5)(b), the council must grant the final development approval within 5 business days.
(7)In addition, if the Commission is the relevant authority for the purposes of giving final development approval, the Commission should give that development approval within 5 business days from when all relevant consents have been granted under Part 7 of the Act (and none of those consents have lapsed) and the Commission is satisfied that those consents are consistent with each other.
Schedule 10—Work that affects stability of other land or premises
Schedule 11—Form of endorsement of scheme description—community titles
Form 1—Endorsement of scheme description
Planning, Development and Infrastructure (General) Regulations 2017
(regulation 66)
All the consents or approvals required under the Planning, Development and Infrastructure Act 2016 in relation to the division of the land (and a change in the use of the land (if any)) in accordance with this scheme description and the relevant plan of community division under the Community Titles Act 1996 have been granted
OR
No consent or approval is required under the Planning, Development and Infrastructure Act 2016 in relation to the division of the land (or a change in the use of the land) in accordance with this scheme description
[Strike out whichever does not apply]
This endorsement does not limit a relevant authority's right to refuse, or to place conditions on, development authorisation under the Planning, Development and Infrastructure Act 2016 in relation to any other development envisaged by this scheme description
Signed:
Date:
Note—
The endorsement may also include notes concerning conditions on any consent or approval, and notes concerning additional approvals that may be required in the future. The endorsement may be signed and dated by a duly authorised officer of the relevant authority.
Schedule 12—Land division certificate—prescribed form
Planning, Development and Infrastructure Act 2016
(section 138)
Planning, Development and Infrastructure (General) Regulations 2017
(regulation 89)
Approved in accordance with the requirements of section 138 of the Planning, Development and Infrastructure Act 2016.
Signed:
Description of signatory:
Date:
Schedule 13—State agency development exempt from approval
1—Interpretation
In this Schedule—
battery storage facility means a facility for the purposes of 1 or more batteries of a total capacity of more than 25 MW that are capable of being charged, storing energy and discharging it into the State's power system;
electricity generating plant means electricity generating plant within the ambit of paragraph (a) of the definition of electricity infrastructure in section 4(1) of the Electricity Act 1996;
power system has the same meaning as in the Electricity Act 1996.
2—General
(1)The following forms of development, other than in relation to a State heritage place or within the Adelaide Park Lands, are excluded from the provisions of section 131 of the Act:
(a)—
(i)the reconstruction (including widening), alteration, repair or maintenance of any road, bridge, railway, tramway, wharf, jetty or boat ramp (including pump‑out facilities associated with a boat ramp); or
(ii)the maintenance of a levee bank;
(b)if the work is certified by a building certifier, or by some person nominated by the Minister for the purposes of this provision, as complying with the Building Rules (or the Building Rules to the extent that is appropriate in the circumstances after taking into account the requirements of the Building Rules and, insofar as may be relevant, the matters prescribed under regulation 107 for the purposes of section 131 of the Act)—
(i)accepted development or deemed-to-satisfy development under the Planning and Design Code; or
(ii)the construction, reconstruction or alteration of any of the following items of infrastructure or works if only of a local nature, namely, a water treatment station, pressure regulating station, pumping station, desalination plant, waste water pumping station, water filtration plant, water storage tank, pump‑out facility or sewerage works; or
(iii)the construction, reconstruction or alteration of any works or infrastructure that is ancillary to works or infrastructure referred to in subparagraph (ii); or
(iv)the construction, reconstruction or alteration of a battery storage facility for the purposes of supporting the security or reliability of the State's power system; or
(v)the construction, reconstruction or alteration of electricity generating plant—
(A)that is of a temporary nature; and
(B)that has a generating capacity of more than 50 MW,
for the purposes of supporting the security or reliability of the State's power system; or
(vi)any infrastructure, structures, equipment or works associated with or ancillary to development under subparagraph (iv) or (v), including electricity powerlines, poles and fences, fuel supply infrastructure and roads or other means of access to such development; or
(vii)the construction, reconstruction or alteration of a building or equipment used for or associated with the supply, conversion, transformation or control of electricity (other than an electricity generating station or an electricity substation); or
(viii)the construction, reconstruction or alteration of a dwelling within an existing township, settlement or camp on—
(A)Trust land within the meaning of the Aboriginal Lands Trust Act 2013; or
(B)"the lands" within the meaning of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; or
(C)"the lands" within the meaning of the Maralinga Tjarutja Land Rights Act 1984; or
(ix)the development of land dedicated under the National Parks and Wildlife Act 1972; or
(x)the construction, reconstruction or alteration of, or addition to a building contained within the existing security‑fenced area of an existing electricity substation; or
(xi)the construction, reconstruction or alteration of or addition to, a building which is to be located wholly underground; or
(xii)the construction, reconstruction or alteration of, or addition to, an outbuilding (or a structure or building that is ancillary to an outbuilding), other than—
(A)the construction of a new building exceeding 1 storey in height; or
(B)where the outbuilding is not being constructed, added to or altered so that any part of the outbuilding is situated within the setback distance of the allotment prescribed under the Planning and Design Code (or, if no setback distance is so prescribed, within 900 mm of a boundary of the allotment); or
(C)where the relevant work would affect a local heritage place; or
(xiii)the construction, reconstruction or alteration of, or addition to, a classroom or covered outdoor educational area within the area of an existing school, other than—
(A)where the building exceeds 1 storey in height; or
(B)where the classroom or covered outdoor educational area is not being constructed, added to or altered so that any part of the classroom or covered outdoor educational area is situated within the setback distance of the area (of the school) prescribed under the Planning and Design Code (or, if no setback distance is so prescribed, within 900 mm of a boundary of the area); or
(C)where the building work would affect a local heritage place; or
(xiv)building work associated with the alteration of, or addition to, a building within the area of an existing school, other than—
(A)where the work will result in—
•the building exceeding 1 storey in height; or
•the creation of a new access point to or from a public road or the alteration of an existing access point to or from a public road; or
•fewer carparks on the site; or
(B)where the work will result in the building being situated within the setback distance of the area (of the school) prescribed under the Planning and Design Code (or, if no setback distance is so prescribed, within 900 mm of a boundary of the area); or
(C)where the building work would affect a local heritage place; or
(xv)building work associated with the alteration of, or addition to, any other building, other than—
(A)where the work will result in the building exceeding 1 storey in height; or
(B)where the work will result in the building being situated within the setback distance of the allotment prescribed under the Planning and Design Code (or, if no setback distance is so prescribed, within 900 mm of a boundary of the allotment); or
(C)where the building work would affect a local heritage place; or
(xvi)the alteration, repair or maintenance of, or addition to—
(A)a wall of an existing dam; or
(B)a spillway of an existing dam; or
(xvii)the construction of advertising displays or signs, if carried out by a State agency within the meaning of section 131 of the Act; or
(xviii)the installation, construction or alteration of playground equipment; or
(xix)the construction of a shade sail if no part of the sail will be 5 m above ground or floor level (depending on where it is situated);
(c)the construction, reconstruction, alteration, repair or maintenance of any drain, pipe or underground cable;
(d)the undertaking of any temporary development which is required in an emergency situation in order to—
(i)prevent loss of life or injury; or
(ii)prevent loss or damage to land or buildings; or
(iii)maintain essential public services; or
(iv)prevent a health or safety hazard; or
(v)protect the environment where authority to undertake the development is given by or under another Act;
(e)the undertaking of any development for a period of not more than 2 years for the purposes of research, investigation or pilot plants;
(f)the excavation, removal or placement of sand and other beach sediment by or as authorised by the Coast Protection Board on land which is owned by, or under the care and control of, a council or Crown agency or instrumentality, where the land is between mean low water mark on the sea shore at spring tide, and the landward limit of any sandy beach or sand dune;
(g)the granting of a lease or licence in a dedicated forest reserve under the Forestry Act 1950;
(h)an alteration to the cadastre arising from the administration of the Crown Land Management Act 2009, the Pastoral Land Management and Conservation Act 1989, or the Irrigation Act 2009, other than where 5 or more allotments are being created;
(i)a division of land arising out of, or reasonably incidental to, the implementation of any matter referred to above;
(j)an alteration, or repairs, to a building—
(i)which are predominantly internal; and
(ii)which do not change the external appearance or total floor area of the building; and
(iii)which will not adversely affect the structural soundness of the building or the safety of any person occupying or using it;
(k)excavating or filling (or excavating and filling) of up to 1 500 m3 of material for the purpose of providing proper access to an existing wharf, jetty or mooring, but excluding excavating or filling where more than 1 500 m3 of material has been excavated or filled at the particular place within the previous 12 months;
(l)the division of land arising out of the granting of a lease under the Harbors and Navigation Act 1993 for the purposes of aquaculture;
(m)the construction, reconstruction or alteration of a fire hydrant, fire plug or location indicator in a public place that is not connected with the performance of any other building work that requires approval under the Act;
(n)the construction, reconstruction or alteration of an electricity power line, other than a transmission line of 33 000 volts or more;
(o)the construction, reconstruction, alteration, repair or maintenance of a beacon, buoy or other mark or structure (whether or not equipped with a light) intended to be an aide to navigation, other than a lighthouse, approved by the Marine Safety Section of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Harbors and Navigation Act 1993;
(p)the construction, reconstruction, alteration, repair or maintenance of antennae and associated infrastructure or equipment related to a Global Navigation Satellite System;
(q)the construction of an item of street furniture (including directional signs, lighting, seating, weather shelters, parking meters, parking pay stations and similar items or structures) that is associated with a development approved, or exempt from approval, under the Act, and directly related to an activity carried out at the site of the development, or on account of the development (whether or not the item is located on the site of the development or in a public place nearby);
(r)the construction of any of the following, if carried out by a State agency within the meaning of section 131 of the Act:
(i)tourist information or interpretative signs;
(ii)structures (including billboards) at roadside information bays;
(iii)shade‑cloth structures;
(iv)a post and wire fence, including a chain mesh fence;
(s)works associated with the construction of a road on land which is—
(i)adjacent to the road; and
(ii)associated with the construction of the road;
(t)the use of any land or building, or the construction or alteration of, or addition to, a building for the purposes of an aquifer recharge scheme;
(u)the construction, reconstruction, alteration or addition to a security fence of an existing electricity substation or other electricity infrastructure within the meaning of the Electricity Act 1996 subject to the following limitations:
(i)the fence must not exceed a height of 3.2 m (measured as a height above the natural surface of the ground);
(ii)—
(A)in the case of a fence that has a frontage to a public road—the fence must be a palisade or open metal fence or a chain mesh fence; or
(B)in any other case—the fence must be a palisade or open metal fence, a chain mesh fence or a fence clad in pre‑colour treated sheet metal;
(v)the construction, reconstruction or alteration of—
(i)a correctional institution (within the meaning of the Correctional Services Act 1982) or training centre (within the meaning of the Young Offenders Act 1993); or
(ii)any works or infrastructure that is ancillary to such a correctional institution or training centre;
(w)tree‑damaging activity in relation to a regulated tree—
(i)that is on any land—
(A)on which a school, within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011, is located or is proposed to be built; and
(B)that is under the care, control or management of the Minister responsible for the administration of that Act; or
(ii)that is on any land—
(A)on which a road is located or is proposed to be built or widened; and
(B)that is under the care, control and management of the Commissioner for Highways; or
(iii)that—
(A)is on railway land as defined in Schedule 4 clause 14(7); or
(B)is on land adjacent to railway land and is, in the opinion of the Rail Commissioner, detrimentally affecting the use of, or activities or operations on, the railway land.
(2)Paragraphs (a), (b)(ii) to (vi), (b)(xi) to (xv) and (c) of subclause (1) do not apply to a proposed development if the site where the development is to be undertaken is subject to coastal processes, or in relation to which there is evidence to suggest that the site is likely to be affected by coastal processes within the foreseeable future, unless the Coast Protection Board has authorised the relevant development.
(3)Development of a kind referred to in subparagraphs (iv) to (vi) of subclause (1)(b) may only be undertaken at a site identified by the Minister by notice published in the Gazette.
(4)A notice published under subclause (3) may—
(a)identify 1 or more sites for the purposes of that subclause; and
(b)be varied or revoked by further notice published in the Gazette.
(5)Except as otherwise specified in this Schedule, subclause (1) does not apply to any development which comprises a tree‑damaging activity in relation to a regulated tree.
(6)Subparagraph (v) of subclause (1)(b) expires on 1 July 2020.
3—Certain development in part of City of Mitcham
The following forms of development in a zone, subzone or overlay identified under the Planning and Design Code for the purposes of this clause (relating to the area of the City of Mitcham), are excluded from the provisions of section 131 of the Act:
(a)the undertaking of any temporary development required in an emergency situation in order to—
(i)prevent loss of life or injury; or
(ii)prevent loss or damage to land or buildings; or
(iii)maintain essential public services; or
(iv)prevent a health or safety hazard; or
(v)protect the environment where authority to undertake the development is given by or under another Act;
(b)an alteration, or repairs, to a building that—
(i)are predominantly internal; and
(ii)do not change the external appearance or total floor area of the building; and
(iii)will not adversely affect the structural soundness of the building or the safety of any person occupying or using it.
4—River Murray area
The following forms of development are excluded from the provisions of section 131 of the Act, namely the construction, reconstruction, alteration, repair or maintenance of infrastructure within the meaning of the River Murray Act 2003 by the Minister for the River Murray (or by a person who is acting for or on behalf of that Minister) where the work is being undertaken in connection with the management of water flows, or for other environmental purposes, within the River Murray system, as defined by that Act, for the purposes of the River Murray Act 2003 or the Murray-Darling Basin Act 1993.
5—Certain development within the Park Lands
The following forms of development within the Adelaide Park Lands, other than in relation to a State heritage place, are excluded from the provisions of section 131 of the Act:
(a)—
(i)the alteration, repair or maintenance of a road, bridge, railway or weir, or the reconstruction of a road where there is no increase in the area of road; or
(ii)the maintenance of a levee bank; or
(iii)the maintenance of the bank of the River Torrens or of any creek;
(b)if the work is certified by a building certifier, or by some other person nominated by the Minister for the purposes of this provision, as complying with the Building Rules (or the Building Rules to the extent that is appropriate in the circumstances after taking into account the requirements of the Building Rules and, insofar as may be relevant, the matters prescribed under regulation 107 for the purposes of section 131 of the Act)—
(i)the alteration of a local water treatment station, wastewater pumping station, pressure regulating station or pumping station; or
(ii)the construction, reconstruction or alteration of any works or infrastructure that is ancillary to works or infrastructure referred to in subparagraph (i); or
(iii)the alteration of a building or equipment used for or associated with the supply, conversion, transformation or control of electricity (other than an electricity generating station or an electricity substation); or
(iv)the alteration of, or addition to, a building contained within the existing security‑fenced area of an existing electricity substation; or
(v)the alteration of, or addition to, a building—
(A)which is to be located wholly underground; and
(B)which will not result in a material change to the existing landform at the site of the development; or
(vi)without limiting subparagraph (v), the construction or reconstruction of a building—
(A)which is to be located wholly underground; and
(B)which is intended only to house essential infrastructure; and
(C)which has a total floor area not exceeding 15 m2 and a depth (determined according to the distance below ground level of the base of the building) not exceeding 4 m; and
(D)which will not result in a material change to the existing landform at the site of the development; or
(vii)building work associated with the alteration of, or addition to, a building within the area of an existing school, other than—
(A)where the work will result in—
•the building exceeding 1 storey in height; or
•the creation of a new access point to or from a public road or the alteration of an existing access point to or from a public road; or
•fewer carparks on the site; or
(B)where the building is, or will be when the building work is completed, within 5 m of a boundary of the area of the school; or
(C)where the building work would affect a local heritage place; or
(viii)tree‑damaging activity in relation to a regulated tree—
(A)that is on land—
•on which a school, within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011, is located or is proposed to be built; and
•that is under the care, control or management of the Minister responsible for the administration of that Act; or
(B)that is on land—
•on which a road is located or is proposed to be built or widened; and
•that is under the care, control and management of the Commissioner for Highways;
(c)the construction, reconstruction, alteration, repair or maintenance of any drain, pipe or underground cable, other than the construction of a drain with a width or depth exceeding 1.5 m or a pipe with a diameter exceeding 1.5 m;
(d)the undertaking of any temporary development which is required in an emergency situation in order to—
(i)prevent loss of life or injury; or
(ii)prevent loss or damage to land or buildings; or
(iii)maintain essential public services; or
(iv)prevent a health or safety hazard; or
(v)protect the environment where authority to undertake the development is given by or under another Act;
(e)an alteration to the cadastre arising from the administration of the Adelaide Park Lands Act 2005;
(f)a division of land arising out of, or reasonably incidental to, the implementation of any matter referred to above;
(g)an alteration, or repairs, to a building—
(i)which are predominantly internal; and
(ii)which do not change the external appearance or total floor area of the building; and
(iii)which will not adversely affect the structural soundness of the building or the safety of any person occupying or using it;
(h)the construction, reconstruction or alteration of a fire hydrant, fire plug or location indicator in a public place that is not connected with the performance of any other building work that requires approval under the Act;
(i)the construction, reconstruction or alteration of an electricity power line, other than a transmission line of 33 000 volts or more;
(j)the construction of information or directional signs (whether attached to a structure or freestanding) that are associated with a development approved by the Commission under Schedule 6 clause 2, and directly related to an activity carried out at the site of the development, or on account of the development;
(k)the construction of any of the following, if carried out by a State agency within the meaning of section 131 of the Act:
(i)tourist information or interpretative signs;
(ii)structures (including billboards) at roadside information bays;
(iii)shade‑cloth structures;
(iv)a post and wire fence, including a chain mesh fence;
(v)advertising displays or signs.
Schedule 14—Mining production tenements
1—Adelaide and Environs
The areas of the Adelaide Hills Council, the Adelaide Plains Council, the Alexandrina Council, The Barossa Council, the City of Burnside, The Corporation of the City of Campbelltown, the City of Charles Sturt, the Town of Gawler, the City of Holdfast Bay, the Light Regional Council, The Corporation of the City of Marion, the City of Mitcham, The District Council of Mount Barker, The Corporation of the City of Norwood, Payneham and St. Peters, the City of Onkaparinga, the City of Playford, the City of Port Adelaide Enfield, the City of Prospect, the City of Salisbury, the City of Tea Tree Gully, The Corporation of the City of Unley, the City of Victor Harbor, The Corporation of the Town of Walkerville and the City of West Torrens.
2—The Coast
(1)Those parts of the State situated within 800 m of the coast measured from mean high water mark on the seashore at spring tide.
(2)The coast as defined in the Coast Protection Act 1972.
(3)The parts of the State proclaimed by the Governor to be a coast protection district under the Coast Protection Act 1972.
3—Other Areas
The areas of the State of South Australia depicted on the series of maps deposited in the General Registry Office and numbered 156 of 1982 each map bearing the stamp Planning Act 1982, Mining Production Tenement Regulations, and titled as follows:
(a)Index Map (Map 1);
(b)Eyre Plan: Those proposed open space areas generally depicted on Map 2, which are more particularly described as follows:
(i)County Dufferin—Sections 2 and 86, out of hundreds, and surrounding areas. Aboriginal tribal grounds. Flora and fauna. Approximately 39 000 ha. (No 2)
(ii)The Gawler Ranges and adjacent small ranges. Scenic interest; Spring Hill and Mount Nott worthy of special consideration. (No 3)
(iii)Pilepudla Water Reserve—Various species of birds, small fauna and flora. Approximately 750 ha. (No 5)
(iv)Cortlinye Water Conservation Reserve—flora and fauna. Approximately 490 ha. (No 6)
(v)Pinkawillinie Area—Parts of the hundreds of Panitya, Pinkawillinie, Koogawa, Peella, Hill and Corrobinnie. Adjacent to Pinkawillinie Conservation Park. A potential wilderness reserve, approximately 92 000 ha. (No 8)
(vi)Yalanda Tanks—Water Conservation Reserve, hundred of Yalanda. Native flora, including acacia, cassia and orchids. Approximately 240 ha. (No 9)
(vii)Darke Peake Range—Area of geological interest and scenic beauty. Approximately 2 100 ha. (No 13)
(viii)Minbrie Range—Varying mallee, salt bush, blue bush associations and scenic views. Approximately 2 200 ha. (No 15)
(ix)Cleve Water Reserve—Sections 327, 328, 329, hundred of Mann. A catchment area with variety of fauna. Approximately 3 300 ha. (No 17)
(x)Moody Tanks—Railway Reserve—Section 48, hundred of Moody. A heavily timbered area. Approximately 77 ha. (No 25)
(xi)Sections 415, 416, 417, hundred of Louth—Sugar gum heath with abundance of orchid species. Approximately 535 ha. (No 33)
(xii)Section 99, hundred of Wanilla—Uncleared sand dune vegetation. Includes mallee, acacias and banksia. Approximately 430 ha. (No 34)
(xiii)Caraleu Bluff—Native pines, picnic area. Approximately 90 ha. (No 43)
(xiv)Tcharkulda Hill—Granite outcrop. Mallee, native pine, cassia. Picnic area. Approximately 195 ha. (No 44)
(xv)Pillawarta Creek—Sugar and blue gums, wildflowers. Approximately 80 ha. (No 46)
(xvi)Corunna—in the Baxter Ranges. Scenic hills, considerable native flora and fauna of scientific interest. (No 47)
(xvii)Polda Rock and Little Wudinna Rock—Sections 48 & 52, hundred of Wudinna. Suitable for recreation and picnic area. Approximately 115 ha. (No 48)
(xviii)Corrobinnie Hill—Rock outcrop with unusual erosion. Mallee broom and acacias. Approximately 40 ha. (No 49)
(xix)Minnipa Hill—Suitable for recreation and picnic area. Approximately 75 ha. (No 50)
(xx)Talia Caves—Approximately 220 ha. (No 53)
(xxi)Waddikee Rocks—Monument to explorer Darke. Approximately 85 ha. (No 54)
(c)Far North Plan: All boundary referral areas as depicted on Maps 3a to 3w inclusive;
(d)Kangaroo Island Plan: Those proposed open space areas generally depicted on Map 4 which are more particularly described as follows:
(i)Sections 399, 420, 421, 422 and 434, hundred of Dudley. Eastern end of island, frontage to Antechamber Bay and Chapman River. Suitable for general recreation and picnic area. Approximately 59 ha. (No 1).
(ii)Land adjacent to American River and Pelican Lagoon between the township of American River and Picnic Point, with a link to the south coast. Scenic area suitable for general recreation. (No 2).
(iii)Land north of Sections 7 and 8, hundred of Borda, adjacent to Cape Torrens Conservation Park. Includes high and spectacular cliffs. Natural vegetation largely in original state. Approximately 150 ha. (No 3).
(iv)Part Section 14, hundred of McDonald. South coast, at mouth of South West River. Suitable for general recreation. Approximately 12 ha. (No 4).
(e)Flinders Plan: Those areas depicted on Maps 5a to 5h inclusive, all of which define areas of environmental significance in the Flinders Ranges;
(f)Murray Mallee Plan: Those areas depicted on Maps 6a to 6f inclusive, all of which define areas of conservation significance;
(g)River Murray Valley Plan: Those areas depicted on Maps 7a to 7b, both of which define areas known as Conservation Zones;
(h)River Murray Valley Plan: Those areas depicted on Maps 8a and 8p inclusive, all of which define areas known as Flood Zones and Fringe Zones;
(i)Riverland Plan: Those areas depicted on Maps 9a to 9c inclusive, all of which define possible conservation park areas;
(j)Wetlands of the South‑East: Those areas depicted on Maps 10a to 10q inclusive;
(k)Whyalla Town Plan: Approximately 1 400 ha of existing open space depicted on Map 11, and lying approximately 10 km north of the city of Whyalla;
(l)Yorke Peninsula Plan: Those areas depicted on Maps 12a to 12g inclusive, all of which define a boundary referral area.
Schedule 15—Civil penalties
1—Form of notice of right to elect to be prosecuted (regulation 114)
Civil penalty for contravention—notice of right to elect to be prosecuted for contravention
Planning, Development and Infrastructure Act 2016—section 225(3)
Reference number:
Issued by:
Date:
To: [insert full name, company name (if applicable), postal address and any other information relevant for service of the notice]
Notice to alleged offender
1The [insert name of designated entity] is satisfied that you have committed an offence by contravening a provision of the Planning, Development and Infrastructure Act 2016 as follows:
Provision contravened:
Address or location of contravention:
Details of contravention:2The purpose of this notice is to advise you that you may, by written notice to [insert name of designated entity], elect to be prosecuted for the contravention (see section 225(3) of the Act).
If you do not elect to be prosecuted, the [insert name of designated entity] may commence civil penalty proceedings under section 225 of the Act for the purpose of obtaining an order from the Court that you pay an amount as a civil penalty in respect of the contravention.
In these civil proceedings, any contravention of the Act would only need to be proved on the balance of probabilities.
3If you elect to be prosecuted, rather than negotiating a civil penalty with the Authority or facing civil penalty proceedings, you must serve a written notice on the [insert name of designated entity] within 21 days after service of this notice.
4The following matters are relevant to the provision of a notice of election to the [insert name of designated entity]:
(1)The notice must be addressed to the [insert name of designated entity] as follows:
[insert relevant information]
(2)You may choose to use the Attachment (below) or you may inform the [insert name of designated entity] by your own letter, quoting your name and address shown at the top of this document.
(3)Section 225 of the Act may be found at and additional information about the Act can be obtained on the SA planning portal. Information concerning this notice can also be obtained by telephoning the following number [insert telephone number of relevant contact at designated entity].
(4)If you do not, within 21 days after service of this notice, give notice to the [insert name of designated entity] of election to be prosecuted, proceedings may be commenced to recover a civil penalty in the Environment, Resources and Development Court.
Attachment—Notice to Authority of election to be prosecuted
To: [insert name of designated entity]
[insert address]
Reference to notice under section 225(3) of the Planning, Development and Infrastructure Act 2016:
[insert reference number]
* Individual
I elect to be prosecuted for the alleged contravention specified in the notice of the reference number set out above.
Name in full:
Contact details:
Date:
Signed:* Company
I, having authority to act for and on behalf of the company in this matter, give notice that the company elects to be prosecuted for the alleged contravention specified in the notice of the reference number set out above.
Name of company:
Name in full of person with authority to act:
Contact details:
Date:
Signed:*Strike out whichever is inapplicable
Schedule 16—Map of initial part of designated Osborne area
Schedule 17—Map of additional part of designated Osborne area
10—Revocation of Schedules 1 and 2
Schedules 1 and 2—delete the Schedules
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
being satisfied that provisions about the policy or policies that each body prescribed for the purposes of section 122 of the Act will seek to apply in connection with the operation of that section have been included in the Planning and Design Code, or that the Minister has provided an indication under section 122(2)(b) of the Act in a relevant case, and with the advice and consent of the Executive Council
on 27 June 2019
No 172 of 2019
MPL19/006CS
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