Planning, Development and Infrastructure (General) (Fee Notices) Variation Regulations 2021 (SA)

South Australia

Planning, Development and Infrastructure (General) (Fee Notices) Variation Regulations 2021

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            Variation of regulation 31—Verification of application

6            Variation of regulation 46—Preliminary advice and agreement (section 123)

7           Variation of regulation 67—Lapse of consents or approvals (section 126(2))

8            Variation of regulation 68—Procedural matters (section 111(2))

9            Variation of regulation 79—Assessment requirements—water and sewerage

10          Variation of regulation 94—Essential safety provisions

11          Variation of regulation 102—Classification of buildings

12          Variation of regulation 120—Record of applications

13          Variation of Schedule 9—Referrals

Part 1—Preliminary

1—Short title

These regulations may be cited as the Planning, Development and Infrastructure (General) (Fee Notices) Variation Regulations 2021.

2—Commencement

These regulations come into operation on 1 July 2021.

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

1. Regulation 3(1)—after the definition of outbuilding insert:

   prescribed fee means a fee prescribed for the purposes of the Act, these regulations or a related set of regulations;

2. Regulation 3(1)—after the definition of private bushfire shelter insert:

   related set of regulations means—

   (a)the Planning, Development and Infrastructure (Accredited Professional) Regulations 2019; or

   (b)the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019;

5—Variation of regulation 31—Verification of application

Regulation 31(1)(d)(ii)—delete subparagraph (ii) and substitute:

(ii)confirm the prescribed fees required to be paid at that point; and

6—Variation of regulation 46—Preliminary advice and agreement (section 123)

1. Regulation 46(4)—delete "fee that would be payable under the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019" and substitute:

   prescribed fee

2. Regulation 46(6)(d)—delete "fee under the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019" and substitute:

   prescribed fee

7—Variation of regulation 67—Lapse of consents or approvals (section 126(2))

Regulation 67(1)(b)(ii)—delete subparagraph (ii) and substitute:

(ii)the relevant development involves the division of land and an application for a certificate under section 138 of the Act has been lodged with the Commission, accompanied by the prescribed fee, within 2 years from the operative date of the relevant consent—3 years from the operative date of the consent.

8—Variation of regulation 68—Procedural matters (section 111(2))

Regulation 68(2)—delete "fees that have been paid by the proponent under the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019" and substitute:

prescribed fees that have been paid by the proponent

9—Variation of regulation 79—Assessment requirements—water and sewerage

Regulation 79(5)—delete "fees specified for the purposes of this regulation by the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019" and substitute:

prescribed fees specified for the purposes of this regulation

10—Variation of regulation 94—Essential safety provisions

Regulation 94(4)(c)—delete paragraph (c) and substitute:

(c)on application by the owner of a building to which this regulation applies and payment of the prescribed fee; or

11—Variation of regulation 102—Classification of buildings

Regulation 102(3)(b)(ii)—delete subparagraph (ii) and substitute:

(ii)the prescribed fee.

12—Variation of regulation 120—Record of applications

Regulation 120(1)(e)—delete paragraph (e) and substitute:

(e)the date (or dates) on which the prescribed fees relating to the application were paid;

13—Variation of Schedule 9—Referrals

Schedule 9, clause 1(2)—delete "fee with respect to the referral of the application under the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019" and substitute:

prescribed fee with respect to the referral of the application

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 3 June 2021

No 69 of 2021