Planning, Development and Infrastructure (General) Regulations 2017 (SA)
South Australia
Planning, Development and Infrastructure (General) Regulations 2017
under the Planning, Development and Infrastructure Act 2016
Contents
Part 1—Preliminary
1 Short title
3 Interpretation
3A Application of Act (section 8)
3B Additions to definition of development
3C Exclusions from definition of development—general
3CA Exclusions from definition of development—essential infrastructure
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))
Part 2—Administration and structural matters
5 Annual report—Commission
6 Annual reports—joint planning boards
6A Provision of documents and notices via the SA planning portal
7 SA planning portal—certification and verification of information
8 Disclosure of financial interests
9 Compliance with code of conduct—Commission
10 Compliance with code of conduct—joint planning boards
11 Compliance with code of conduct—assessment panels
11A Mutual liability scheme—notices of appointment of assessment panel members
11B Mutual liability scheme—rights of indemnity
Part 3—Assessment panels—procedures
12 Application
13 Public access to meetings
14 Minutes and other documents
15 Quorum
16 Voting
17 Validity of proceedings
18 Other matters
Part 4—Statutory instruments
18A Planning and Design Code—significant trees
19 Incorporation of material (section 71(b))
19A Building envelope plans
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
26A Accepted development (section 104)
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
32A Site contamination—detailed site investigation report
32B Site contamination—statement of site suitability
33 Application and further information
34 Period for additional information and other matters
35 Amended applications
36 Certification of building indemnity insurance
37 Regulated and significant trees
38 Withdrawing/lapsing applications
39 Contravening development
40 Court proceedings
Division 2—Referrals
41 Referrals
41A Delegation by prescribed bodies
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
62A Urgent building work—temporary accommodation
63 Urgent work
64 Building work affecting other land
64A Access to neighbouring 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
Division 1—Preliminary
101 Preliminary
Division 2—Classification of buildings
102 Classification of buildings
Division 3—Certificates of occupancy
103 Exclusions
103A Required documentation
103B Prescribed requirements
103C Statement of site suitability
103D Report from fire authority
103E Issue of certificate of occupancy
103F Revocation
103G Other matters
Division 4—Occupation
103H Occupation of Class 1a buildings
Division 5—Statement of Compliance
104 Statement of Compliance
Part 11A—Essential infrastructure
104A Essential infrastructure—alternative assessment process
104B Lapse of approval
Part 12—Crown development
105 Exclusion from the definition of State agency
106 Developments excluded from approval and notice
106A Development in Riverbank Zone
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
113A Designated authority—accreditation authority
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 Excavating or filling in identified zones or areas
2 Excavating or filling—local heritage places
3 Excavating 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
10 Activities within Tunnel Protection Overlay
11 Transshipment points
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 4A—Exclusions from definition of development—essential infrastructure
1 Essential infrastructure
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 Metropolitan Area—buildings exceeding 4 storeys
4A Morphettville and Camden Park—buildings exceeding 4 storeys
4B Corporation of Town of Walkerville—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
12A Tourist accommodation in reserves
13 University developments over $10m
14 National Naval Shipbuilding Subzone
15 Temporary accommodation for certain workers
16 District Council of Coober Pedy
17 Variations of authorisations and ancillary or associated development
Schedule 6A—Accepted development
1 Temporary accommodation for certain workers
2 Temporary accommodation for persons affected by flooding
3 Dwellings in certain zones
Schedule 6B—HomeBuilder development
1 Single storey additions and alterations
2 New dwellings
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
12 Temporary accommodation in area affected by bushfire
Schedule 8—Plans
1 Plans for development ancillary to dwellings
2 Plans for applications seeking planning consent for new buildings or structures or extensions to existing buildings
2A Site contamination reports required for certain applications
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
8AInformation with respect to unit or lot under Strata Titles Act 1988 or Community Titles Act 1996
9 Land division certificates or deemed‑to‑satisfy land division
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
16 Additional requirements for HomeBuilder development
Schedule 9—Referrals
1 Interpretation
2 Deferral of referral
3 Table
Schedule 10—Work that affects stability of other land or premises
Schedule 10A—Building work affecting stability—prescribed form
Schedule 10B—Access to neighbouring land—prescribed form
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
Legislative history
Part 1—Preliminary
1—Short title
These regulations may be cited as the Planning, Development and Infrastructure (General) Regulations 2017.
3—Interpretation
In these regulations—
Act means the Planning, Development and Infrastructure Act 2016;
class 1, 2 or 3 activity means an activity specified as a class 1, 2 or 3 activity under the site contamination practice direction;
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;
groundwater prohibition area means an area where the Environment Protection Authority has prohibited the taking of groundwater under section 103S of the Environment Protection Act 1993 (as shown on the South Australian Property and Planning Atlas);
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;
HomeBuilder development means development that complies with the requirements in regulation 3A(1a);
Metropolitan Adelaide means Metropolitan Adelaide as defined by GRO Plan 639/93;
more sensitive use means a change in the use of land that is determined to constitute a change to a more sensitive use of the land in accordance with the site contamination practice direction;
outbuilding does not include a private bushfire shelter;
prescribed fee means a fee prescribed for the purposes of the Act, these regulations or a related set of regulations;
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;
related set of regulations means—
(a)the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019; or
(b)the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019;
remediation has the same meaning as in the Environment Protection Act 1993;
sensitive use means a use described in item 1 or 2 of the land use sensitivity hierarchy table in the site contamination practice direction unless, in accordance with that practice direction, the use is not to be regarded as a sensitive use in the particular circumstances;
site contamination, site contamination audit, site contamination auditor, site contamination audit report, site contamination consultant have the same respective meanings as in the Environment Protection Act 1993;
site contamination practice direction means a practice direction issued by the Commission relating to the assessment of development involving site contamination or potential site contamination on land;
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.
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.
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).
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.
For the purposes of these regulations, a statement of site suitability provided to a relevant authority in connection with an application for development authorisation—
(a)must comply with any requirements specified by the Commission; and
(b)must be issued by a site contamination consultant or a site contamination auditor (and the relevant authority cannot require that the statement only be prepared by a site contamination auditor unless the Environment Protection Authority directs the relevant authority to do so in relation to a particular application); and
(c)must be in the form determined by the Commission for the purposes of this subregulation and published in the site contamination practice direction or another instrument published by the Commission on the SA planning portal.
3A—Application of Act (section 8)
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.
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.
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.
Pursuant to section 8(2)(b) of the Act, section 215 of the Act applies with the following prescribed variation:
Section 215—after subsection (4) insert:
(5)Subsection (4) does not apply to prevent a person who owns ancillary accommodation from entering into an agreement for the residential occupation of the ancillary accommodation (such as a residential tenancy agreement or rooming house agreement (both within the meaning of the Residential Tenancies Act 1995)) with a person who is not a resident, or associated with a resident, of the dwelling in respect of which the accommodation is ancillary, or with any other person.
In this regulation—
ancillary accommodation has the same meaning as in the Planning and Design Code;
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
Subject to this regulation, an act or activity specified in Schedule 4 is declared not to constitute development for the purposes of the Act.
An exclusion under Schedule 4 is subject to any condition or limitation prescribed by Schedule 4 for the relevant act or activity.
An exclusion under Schedule 4 does not apply in respect of a State heritage place.
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.
(4a)An exclusion under Schedule 4 does not apply in respect of—
(a)the construction of a new building exceeding 3 storeys in height; or
(b)an alteration or extension to an existing building which will result in the building exceeding 3 storeys in height; or
(c)the construction of a temporary or permanent structure exceeding 9 m in height,
within the Tunnel Protection Overlay under the Planning and Design Code.
(4b)An exclusion under Schedule 4 does not apply in respect of an activity referred to in Schedule 3 clause 10 within the Tunnel Protection Overlay under the Planning and Design Code (unless the activity is undertaken by or on behalf of the Commissioner of Highways or the Rail Commissioner).
Nothing in this regulation or Schedule 4 affects the operation of Schedule 5.
3CA—Exclusions from definition of development—essential infrastructure
Subject to this regulation, an act or activity specified in Schedule 4A is, when carried on by a prescribed person, declared not to constitute development for the purposes of the Act.
If a prescribed person proposes to undertake any building work which is within the ambit of Schedule 4A, the person must, before commencing that building work—
(a)give notice of the proposed work to the council for the area in which the building work is to be undertaken; and
(b)furnish the council with—
(i)a description of the nature of the proposed work; and
(ii)so far as may be relevant, details of the location, siting, layout and appearance of the proposed work.
(3)Subregulation (2) does not apply if the building work is within the ambit of Schedule 4, Schedule 5 or Schedule 7.
An exclusion under Schedule 4A is subject to any condition or limitation prescribed by Schedule 4A for the relevant act or activity.
An exclusion under Schedule 4A does not apply in respect of a State heritage place.
An exclusion under Schedule 4A 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.
(6a)An exclusion under Schedule 4A does not apply in respect of—
(a)the construction of a new building exceeding 3 storeys in height; or
(b)an alteration or extension to an existing building which will result in the building exceeding 3 storeys in height; or
(c)the construction of a temporary or permanent structure exceeding 9 m in height,
within the Tunnel Protection Overlay under the Planning and Design Code.
(6b)An exclusion under Schedule 4A does not apply in respect of an activity referred to in Schedule 3 clause 10 within the Tunnel Protection Overlay under the Planning and Design Code.
Nothing in this regulation or Schedule 4A affects the operation of Schedule 5.
In this regulation—
prescribed person means—
(a)the holder of a licence under the Electricity Act 1996 issued in accordance with an order of the Minister under Part 5 of the Electricity Corporations (Restructuring and Disposal) Act 1999 authorising the operation of a distribution network or some other licence under the Electricity Act 1996 authorising the operation of all or part of that distribution network; or
(b)the holder of a licence under the Electricity Act 1996 issued in accordance with an order of the Minister under Part 5 of the Electricity Corporations (Restructuring and Disposal) Act 1999 authorising the generation of electricity or some other licence under the Electricity Act 1996 authorising the generation of electricity by means of an electricity generating plant previously operated pursuant to the licence issued in accordance with the order of the Minister; or
(c)the holder of a licence under the Electricity Act 1996 issued in accordance with an order of the Minister under Part 5 of the Electricity Corporations (Restructuring and Disposal) Act 1999 authorising the operation of a transmission network or some other licence under the Electricity Act 1996 authorising the operation of all or part of that transmission network,
but does not include a State agency within the meaning of section 131 of the Act.
3D—Exclusions from definition of development—State heritage areas
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.
An exclusion under Schedule 5 is subject to any condition or limitation prescribed by Schedule 5 for the relevant act or activity.
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
Subject to this regulation, the following are declared to constitute classes of regulated trees for the purposes of paragraph (a) of the definition of regulated tree in section 3(1) of the Act, namely trees within a designated regulated tree overlay that have a trunk with a circumference of 1 m or more or, in the case of trees that have multiple trunks, that have trunks with a total circumference of 1 m or more and an average circumference of 310 mm or more, measured at a point 1 m above natural ground level.
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 2 m or more or, in the case of a tree with multiple trunks, has 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; 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.
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 3 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)
Angophora (any tree of the genus)
Corymbia (any tree of the genus)
Eucalyptus (any tree of the genus); or
(b)to a tree of a species designated (from time to time) by the Minister by notice published on the SA planning portal; or
(c)to a tree belonging to a class of plants to which a declaration by the Minister under Part 9 Division 1 of the Landscape South Australia Act 2019 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.
(4a)A notice under subregulation (4)(b) designating a species of tree—
(a)may be of general or limited application; and
(b)without limiting paragraph (a), may make different provision in relation to a species of tree according to the location of the tree, the circumstances or any other specified factor.
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.
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; and
(c)that is undertaken at least 5 years after pruning of a kind referred to in this subregulation was last undertaken in relation to the tree,
is excluded from the ambit of that definition.
3G—Aboveground and inflatable pools
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.
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.
In this regulation—
swimming pool includes—
(a)a paddling pool; and
(b)a spa pool (but not a spa bath).
3H—Public notice
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.
Part 2—Administration and structural matters
5—Annual report—Commission
For the purposes of section 32(2) of the Act, an annual report of the Commission must also contain the following information:
(a)information about any strategic or other similar objective adopted by the Commission for the coming year or years;
(b)information about the extent to which the principles referred to in section 14 of the Act are being reflected in the planning system established under the Act;
(c)information about—
(i)any performance targets set under Schedule 4 of the Act during the relevant financial year; and
(ii)the work of the Commission under clause 1 of Schedule 4 of the Act during the relevant financial year;
(d)information about any review under clause 3 of Schedule 4 of the Act concluded during the relevant financial year.
6—Annual reports—joint planning boards
For the purposes of section 36(2)(e) of the Act, a joint planning board must, on or before 30 September in every year, forward to the Minister, the Commission and each party to the relevant planning agreement a report on the joint planning board's operations for the preceding financial year.
An annual report must also contain the following information:
(a)information about the membership of the joint planning board during the relevant financial year;
(b)the audited annual financial statements of the joint planning board for the relevant financial year;
(c)information about the activities of the joint planning board's committees during the relevant financial year;
(d)information about the implementation and operation of the joint planning board's regional plan under section 64 of the Act during the relevant financial year.
The Minister must, within 6 sitting days after receiving a report under this regulation, cause copies of the report to be laid before both Houses of Parliament.
6A—Provision of documents and notices via the SA planning portal
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.
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.
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.
7—SA planning portal—certification and verification of information
For the purposes of section 52(1) of the Act, a prescribed requirement is—
(a)that the instrument is published on a part of the SA planning portal that states that instruments published on that part are certified by the Chief Executive under section 52(1) of the Act; or
(b)that the instrument has a statement appearing as a heading to the instrument, or at the foot of each page of the instrument, to the effect that it is certified by the Chief Executive under section 52(1) of the Act.
8—Disclosure of financial interests
In this regulation—
financial benefit, in relation to a person, means—
(a)any remuneration, fee or other pecuniary sum exceeding $1 000 received by the person in respect of a contract of service entered into, or paid office held by, the person; and
(b)any remuneration, fee or other pecuniary sum received by the person in respect of a trade, vocation, business or profession engaged in by the person where the total exceeds $1 000,
but does not include an allowance, fee or other sum payable to the person under the Act;
income source, in relation to a person, means—
(a)any person or body of persons with whom the person entered into a contract of service or held any paid office; and
(b)any trade, vocation, business or profession engaged in by the person;
ordinary return means a return under clause 2(1)(b) of Schedule 1 of the Act;
primary return means a return under clause 2(1)(a) of Schedule 1 of the Act;
return period, in relation to the ordinary return of a prescribed member, means—
(a)in the case of a prescribed member whose last return was a primary return—the period between the date of the primary return and 30 June next following;
(b)in any other case—the period of 12 months expiring on 30 June on or within 60 days after which the ordinary return is required to be submitted.
A word or expression used in this regulation that is referred to in clause 1 of Schedule 1 of the Act has the same meaning in this regulation as in that clause.
For the purposes of this regulation, a person is an investor in a body if—
(a)the person has deposited money with, or lent money to, the body that has not been repaid and the amount not repaid equals or exceeds $10 000; or
(b)the person holds, or has a beneficial interest in, shares in, or debentures of, the body or a policy of insurance issued by the body.
For the purposes of clause 2(1)(a) of Schedule 1 of the Act, a primary return must be in the form set out in Schedule 1 of these regulations and contain the following information:
(a)a statement of any income source that the prescribed member required to submit the return or a person related to the prescribed member has or expects to have in the period of 12 months after the date of the primary return;
(b)the name of any company, or other body, corporate or unincorporate, in which the prescribed member or a member of the prescribed member's family holds office whether as a director or otherwise, for the purposes of obtaining financial gain (including at sometime in the future);
(c)the information required by subregulation (7).
For the purposes of clause 2(1)(b) of Schedule 1 of the Act, an ordinary return must be submitted within 60 days after 30 June in each year.
For the purposes of clause 2(1)(b) of Schedule 1 of the Act, an ordinary return must be in the form set out in Schedule 2 and contain the following information:
(a)if the prescribed member required to submit the return or a person related to the prescribed member received, or was entitled to receive, a financial benefit during any part of the return period—the income source of the financial benefit;
(b)if the prescribed member or a member of the prescribed member's family held an office whether as a director or otherwise in any company or other body, corporate or unincorporate, during the return period for the purposes of obtaining financial gain (including at some time in the future)—the name of the company or other body;
(c)the information required by subregulation (7).
For the purposes of this regulation, a return (whether primary or ordinary) must contain the following information:
(a)the name or description of any company, partnership, association or other body in which the prescribed member required to submit the return or a person related to the prescribed member is an investor;
(b)a concise description of any trust (other than a testamentary trust) of which the prescribed member or a person related to the prescribed member is a beneficiary or trustee (including the name and address of each trustee);
(c)the address or description of any land in which the prescribed member or a person related to the prescribed member has a beneficial interest other than by way of security for any debt;
(d)any fund in which the prescribed member or a person related to the prescribed member has an actual or prospective interest to which contributions are made by a person other than the prescribed member or a person related to the prescribed member;
(e)if the prescribed member or a person related to the prescribed member is indebted to another person (not being related to the prescribed member or to a member of the prescribed member's family by blood or marriage) in an amount equal to or exceeding $10 000—the name and address of that person;
(f)if the prescribed member or a person related to the prescribed member is owed money by a natural person (not being related to the prescribed member or to a member of the prescribed member's family by blood or marriage) in an amount equal to or exceeding $10 000—the name and address of that person;
(g)any other substantial interest of a pecuniary nature of the prescribed member or of a person related to the prescribed member of which the prescribed member is aware and which the prescribed member considers might appear to raise a material conflict between the prescribed member's private interest and the duty that the prescribed member has or may subsequently have as a member of a designated entity.
A prescribed member is required by this regulation only to disclose information that is known to the prescribed member or ascertainable by the prescribed member by the exercise of reasonable diligence.
Nothing in this regulation requires a prescribed member to disclose information relating to a person as trustee of a trust unless the information relates to the person in the person's capacity as trustee of a trust by reason of which the person is related to the prescribed member.
A prescribed member may include in a return such additional information as the prescribed member thinks fit.
Nothing in this regulation will be taken to prevent a prescribed member from disclosing information required by this regulation in such a way that no distinction is made between information relating to the prescribed member personally and information relating to a person related to the prescribed member.
Nothing in this regulation requires disclosure of the actual amount or extent of a financial benefit or interest.
For the purposes of paragraph (b) of the definition of relevant official in clause 1(1) of Schedule 1 of the Act in relation to an assessment panel appointed by a council, the chief executive officer of the council is prescribed as the relevant official.
9—Compliance with code of conduct—Commission
In this regulation—
code of conduct means the code of conduct to be observed by members of the Commission adopted by the Minister under clause 1(1)(a) of Schedule 3 of the Act.
A person may make a complaint to the Minister if the person believes that a member of the Commission has acted in contravention of the code of conduct.
A complaint must—
(a)be in writing; and
(b)contain particulars of the allegations on which the complaint is based; and
(c)be verified by statutory declaration.
Except with the approval of the Minister, a complaint must not be lodged with the Minister more than 6 months after the day on which the complainant first had notice of the matters alleged in the complaint.
The Minister may require the complainant to give further particulars of the complaint (verified, if the Minister so requires, by statutory declaration).
The Minister may refuse to entertain a complaint or, having accepted a complaint for investigation, may refuse to continue to entertain a complaint, if it appears to the Minister—
(a)that the complainant does not have a sufficient interest in the matter to which the complaint relates; or
(b)that the matter raised in the complaint is trivial; or
(c)that the complaint is frivolous or vexatious or is not made in good faith; or
(d)that there is some other good reason not to proceed (or to proceed further) with the matter under this regulation.
The Minister may, as the Minister's first step in dealing with a complaint—
(a)refer the matter to the member of the Commission to whom the complaint relates for a response; or
(b)refer the matter to the presiding member of the Commission for consideration and report; or
(c)if the complaint relates to the member of the Commission who holds office under section 18(1)(b) of the Act—refer the matter to the Chief Executive.
The Minister may take such other action as the Minister thinks fit (including by deciding not to proceed further with the matter).
The Minister may, whether or not the Minister has acted under subregulation (7), appoint a person to investigate the complaint.
If the Minister appoints an investigator—
(a)the Minister must inform the member of the Commission to whom the complaint relates of the appointment of the investigator and furnish formal notification about the nature of the complaint; and
(b)the investigator must conduct an investigation into the complaint as soon as practicable after the appointment has been made; and
(c)the investigator must give the member of the Commission to whom the complaint relates a reasonable opportunity to make representations to the investigator about the complaint; and
(d)the investigator may require—
(i)the complainant; and
(ii)the member of the Commission to whom the complaint relates; and
(iii)the presiding member of the Commission; and
(iv)if the complaint relates to the member of the Commission who holds office under section 18(1)(b) of the Act—the Chief Executive,
to provide to the investigator any document or other information relevant to the investigation of the complaint (verified, if the investigator so requires, by statutory declaration); and
(e)the investigator—
(i)must otherwise comply with the rules of natural justice; and
(ii)subject to subparagraph (i), may conduct the investigation in such manner as the investigator thinks fit (including by undertaking such other consultations and undertaking such other inquiries as the investigator thinks fit).
If during an investigation the investigator is satisfied that there is a matter about which another complaint could have been made against the member of the Commission, the investigator may, after consultation with the Minister, deal with the matter as part of the investigation as if a complaint had been made about the matter.
The investigator—
(a)may report to the Minister at any stage of an investigation; and
(b)must present a written report to the Minister at the conclusion of the investigation.
The Minister must provide the person to whom the complaint relates with a copy of a report presented under subregulation (12)(b) (and the Minister may, if the Minister thinks fit, invite a response from the person).
The Minister may, on the receipt of a report under subregulation (12)(b), or at the conclusion of any other process that the Minister has adopted in the alternative—
(a)decide to take no further action on the complaint; or
(b)refer the matter to the presiding member of the Commission for further consideration and, if appropriate, further action or response; or
(c)undertake any consultation or further inquiry as the Minister thinks fit; or
(d)if the complaint relates to an appointed member of the Commission—decide to make a recommendation to the Governor that the member be removed from office; or
(e)if the complaint relates to the member of the Commission who holds office under section 18(1)(b) of the Act—replace the person under that section of the Act; or
(f)take any other action as the Minister thinks fit.
The Minister must inform the complainant of the outcome of the complaint under subregulation (14).
10—Compliance with code of conduct—joint planning boards
In this regulation—
code of conduct means the code of conduct to be observed by members of a joint planning board adopted by the Minister under clause 1(1)(b) of Schedule 3 of the Act.
A person may make a complaint to the Minister if the person believes that a member of a joint planning board has acted in contravention of the code of conduct.
A complaint must—
(a)be in writing; and
(b)contain particulars of the allegation on which the complaint is based; and
(c)be verified by statutory declaration.
Except with the approval of the Minister, a complaint must not be lodged with the Minister more than 6 months after the day on which the complainant first had notice of the matters alleged in the complaint.
The Minister may require the complainant to give further particulars of the complaint (verified, if the Minister so requires, by statutory declaration).
The Minister may refuse to entertain a complaint or, having accepted a complaint for investigation, may refuse to continue to entertain a complaint, if it appears to the Minister—
(a)that the complainant does not have a sufficient interest in the matter to which the complaint relates; or
(b)that the matter raised by the complaint is trivial; or
(c)that the complaint is frivolous or vexatious or is not made in good faith; or
(d)that there is some other good reason not to proceed (or further proceed) with the matter under this regulation.
The Minister may, as the Minister's first step in dealing with a complaint, refer the matter to the member of the joint planning board to whom the complaint relates for a response.
The Minister may take such other action as the Minister thinks fit (including deciding not to proceed further with the matter).
The Minister may, whether or not the Minister has acted under subregulation (7), appoint a person to investigate a complaint.
If the Minister appoints an investigator—
(a)the Minister must inform the member of the joint planning board to whom the complaint relates of the appointment of an investigator and furnish formal notification about the nature of the complaint; and
(b)the investigator must conduct an investigation into the complaint as soon as practicable after the appointment has been made; and
(c)the investigator must give the member of the joint planning board to whom the complaint relates a reasonable opportunity to make representations to the investigator about the complaint; and
(d)the investigator may require—
(i)the complainant; and
(ii)the member of the joint planning board to whom the complaint relates,
to provide to the investigator any document or other information relevant to the investigation of the complaint (verified, if the investigator so requires, by statutory declaration); and
(e)the investigator—
(i)must otherwise comply with the rules of natural justice; and
(ii)subject to subparagraph (i), may conduct the investigation in such manner as the investigator thinks fit (including by undertaking such other consultations and undertaking such other inquiries as the investigator thinks fit).
If during an investigation the investigator is satisfied that there is a matter about which another complaint could have been made against the member of the joint planning board, the investigator may, after consultation with the Minister, deal with the matter as if a complaint had been made about the matter.
The investigator—
(a)may report to the Minister at any stage of the investigation; and
(b)must present a report to the Minister at the conclusion of the investigation.
The Minister must provide the person to whom the complaint relates with a copy of a report presented under subregulation (12)(b) (and the Minister may, if the Minister thinks fit, invite a response from the person).
The Minister may, on the receipt of a report under subregulation (12)(b), or at the conclusion of any other process that the Minister has adopted in the alternative—
(a)decide to take no further action on the complaint; or
(b)undertake any consultation or further inquiry as the Minister thinks fit; or
(c)take action to have the member of the joint planning board to whom the complaint relates removed from office; or
(d)take any other action as the Minister thinks fit.
The Minister must inform the complainant of the outcome of a complaint under subregulation (14).
11—Compliance with code of conduct—assessment panels
In this regulation—
code of conduct means the code of conduct to be observed by members of an assessment panel adopted by the Minister under clause 1(1)(c) of Schedule 3 of the Act.
A person may make a complaint to the Commission if the person believes that a member of an assessment panel has acted in contravention of the code of conduct.
A complaint must—
(a)be in writing; and
(b)contain particulars of the allegation on which the complaint is based; and
(c)be verified by statutory declaration.
Except with the approval of the Commission, a complaint must not be lodged with the Commission more than 6 months after the day on which the complainant first had notice of the matters alleged in the complaint.
The Commission may require the complainant to give further particulars of the complaint (verified, if the Commission so requires, by statutory declaration).
The Commission may refuse to entertain a complaint or, having accepted a complaint for investigation, may refuse to continue to entertain a complaint, if it appears to the Commission—
(a)that the complainant does not have a sufficient interest in the matter to which the complaint relates; or
(b)that the matter raised by the complaint is trivial; or
(c)that the complaint is frivolous or vexatious or is not made in good faith; or
(d)that there is some other good reason not to proceed (or further proceed) with the matter under this regulation.
The Commission may, as the Commission's first step in dealing with a complaint, refer the matter to the member of the assessment panel to whom the complaint relates for a response.
The Commission may take such further action as the Commission thinks fit (including deciding not to proceed further with the matter).
The Commission may, whether or not the Commission has acted under subregulation (7), appoint a person to investigate a complaint.
If the Commission appoints an investigator—
(a)the Commission must inform the member of the assessment panel to whom the complaint relates of the appointment of an investigator and furnish formal notification of the nature of the complaint; and
(b)the investigator must conduct an investigation into the complaint as soon as practicable after the appointment has been made; and
(c)the investigator must give the member of the assessment panel to whom the complaint relates a reasonable opportunity to make representations to the investigator about the complaint; and
(d)the investigator may require—
(i)the complainant; and
(ii)the member of the assessment panel to whom the complaint relates,
to provide to the investigator any document or other information relevant to the investigation of the complaint (verified, if the investigator so requires, by statutory declaration); and
(e)the investigator—
(i)must otherwise comply with the rules of natural justice; and
(ii)subject to subparagraph (i), may conduct the investigation in such a manner as the investigator thinks fit (including by undertaking such other consultations and undertaking such other inquiries as the investigator thinks fit).
If during an investigation the investigator is satisfied that there is a matter about which another complaint could have been made against the member of the assessment panel, the investigator may, after consultation with the Commission, deal with the matter as if a complaint had been made about the matter.
The investigator—
(a)may report to the Commission at any stage of the investigation; and
(b)must present a report to the Commission at the conclusion of the investigation.
The Commission must provide the person to whom the complaint relates with a copy of a report presented under subregulation (12)(b) (and the Commission may, if the Commission thinks fit, invite a response from the person).
The Commission may, on the receipt of a report under subregulation (12)(b), or at the conclusion of any process that the Commission has adopted in the alternative—
(a)decide to take no further action on the complaint; or
(b)undertake any consultation or further inquiry as the Commission thinks fit; or
(c)take action to have the member of the assessment panel to whom the complaint relates removed from office; or
(d)take such other action as the Commission thinks fit.
The Commission must inform the complainant of the outcome of a complaint under subregulation (14).
Without limiting a preceding subregulation, the Commission may, at any time, consult with or provide a report to—
(a)the Minister; and
(b)in the case of a complaint that relates to a member of an assessment panel appointed by a joint planning board or a council, the joint planning board or the council (as the case requires),
about a complaint that has been made under this regulation.
Nothing in this regulation limits or restricts any action or proceedings that may be taken against or in relation to a member of an assessment panel on account of the member being an accredited professional under the Act.
11A—Mutual liability scheme—notices of appointment of assessment panel members
A designated authority appointing or reappointing a person as a member of an assessment panel under section 83 of the Act must complete a notice of appointment relating to the member.
A person appointed or reappointed as a member of an assessment panel under section 83 of the Act must, before commencing a term as a member of the panel, sign a notice of appointment provided to the person by the designated authority and return it to the designated authority.
An entity appointing or reappointing a person as a member of a regional assessment panel under section 84 of the Act (a relevant entity) must complete a notice of appointment relating to the member.
A person appointed or reappointed as a member of a regional assessment panel under section 84 of the Act must, before commencing a term as a member of the panel, sign a notice of appointment provided to the person by the relevant entity and return it to the relevant entity.
A notice of appointment will be in a form determined by the Chief Executive and published on the SA planning portal.
11B—Mutual liability scheme—rights of indemnity
—
(a)a designated authority, in being responsible under section 83(1)(h)(ii) of the Act for the costs and other liabilities associated with the activities of an assessment panel appointed by the designated authority; and
(b)a council, in being responsible for the costs associated with the activities of a regional assessment panel in accordance with a scheme set out in a notice under section 84(1)(a) and (i) of the Act,
must have arrangements in place to indemnify the members of any such panel in respect of a claim against a member of the panel arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the Act in their role as a member of the panel.
Membership of the mutual liability scheme constitutes compliance with the requirement under subregulation (1).
A member of an assessment panel of a kind referred to in subregulation (1) has a right of indemnity against a council or joint planning board (as the case may be) in respect of any claim against the member arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the Act in their role as a member of the panel.
The right of indemnity under subregulation (3) in respect of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of functions, powers or duties by a member of a regional assessment panel relating to a proposed development lies against the council for the area in which the proposed development is to be undertaken.
—
(a)a designated authority, in being responsible under section 87(f) of the Act for the costs and other liabilities associated with the activities of an assessment manager for an assessment panel appointed by the designated authority; and
(b)a council, in being responsible for the costs associated with the activities of a regional assessment panel in accordance with a scheme set out in a notice under section 84(1)(a) and (i) of the Act,
must have arrangements in place to indemnify an assessment manager for any such panel in respect of a claim against the assessment manager arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the Act in their role as an assessment manager.
Membership of the mutual liability scheme constitutes compliance with the requirement under subregulation (5).
An assessment manager referred to in subregulation (5) has a right of indemnity against a council or joint planning board (as the case may be) in respect of any claim against the assessment manager arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the Act in their role as the assessment manager.
The right of indemnity under subregulation (7) in respect of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of functions, powers or duties by an assessment manager for a regional assessment panel relating to a proposed development lies against the council for the area in which the proposed development is to be undertaken.
In this regulation—
mutual liability scheme means the Local Government Association Mutual Liability Scheme conducted and managed by the LGA under Schedule 1 of the Local Government Act 1999.
Part 3—Assessment panels—procedures
12—Application
This Part applies to and in relation to the procedures of an assessment panel established under section 83 of the Act or clause 12 or 13 of Schedule 8 of the Act.
13—Public access to meetings
In connection with the conduct of the proceedings of an assessment panel, members of the public are entitled to attend a meeting of the panel other than as set out in subregulation (2).
An assessment panel may exclude the public from attendance at a meeting—
(a)during so much of the meeting as is necessary to receive, discuss or consider in confidence any of the following matters:
(i)information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead);
(ii)information the disclosure of which—
(A)could unreasonably be expected to confer a commercial advantage on a person, or to prejudice the commercial position of a person; and
(B)would, on balance, be contrary to the public interest;
(iii)information the disclosure of which would reveal a trade secret;
(iv)commercial information of a confidential nature (not being a trade secret) the disclosure of which—
(A)could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and
(B)would, on balance, be contrary to the public interest;
(v)matters affecting the safety or security of any person or property;
(vi)information the disclosure of which could reasonably be expected to prejudice the maintenance of law, including by affecting (or potentially affecting) the prevention, detection or investigation of a criminal offence, or the right to a fair trial;
(vii)matters that should be considered in confidence in order to ensure that the assessment panel, or any other entity, does not breach any law, or any order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty;
(viii)legal advice;
(ix)information relating to actual litigation, or litigation that the assessment panel believes on reasonable grounds will take place;
(x)information the disclosure of which—
(A)would divulge information provided on a confidential basis by or to a Minister of the Crown, the Commission, or another public authority or official; and
(B)would, on balance, be contrary to the public interest; and
(b)during so much of the meeting that consists of its discussion or determination of any application or other matter that falls to be determined by the assessment panel.
14—Minutes and other documents
An assessment panel must ensure that accurate minutes are kept of its proceedings.
A disclosure by a member of an assessment panel of a direct or indirect pecuniary interest in any aspect of a development or any body associated with any aspect of a development required under the Act must be recorded in the minutes of the assessment panel.
Members of the public are entitled to reasonable access to—
(a)the agendas for meetings of an assessment panel; and
(b)the minutes of meetings of an assessment panel.
However, an assessment panel may, before it releases a copy of any minutes under subregulation (3), exclude from the minutes information about any matter dealt with on a confidential basis by the assessment panel.
Minutes must be available under subregulation (3) within 5 business days after their adoption by the members of the assessment panel.
15—Quorum
A quorum at a meeting of an assessment panel is a number obtained by dividing the total number of members of the assessment panel for the time being in office by 2, ignoring any fraction resulting from the division, and adding 1.
16—Voting
Each member of an assessment panel present at a meeting of the assessment panel is entitled to 1 vote on a matter arising for decision and, if the votes are equal, the member presiding at the meeting is entitled to a second or casting vote.
(2)Subregulation (1) does not apply to a person who is taken to be a member of an assessment panel under section 85 of the Act.
17—Validity of proceedings
A proceeding of an assessment panel (and any decision made by an assessment panel) is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.
18—Other matters
Except insofar as a procedure is prescribed by the Act or these regulations, the procedures of an assessment panel in relation to the conduct of its business will be as determined by the assessment panel (and an assessment panel is accordingly a specified body for the purposes of section 246(6)(d) of the Act).
Part 4—Statutory instruments
18A—Planning and Design Code—significant trees
For the purposes of section 68(1)(a)(iv) and (b)(iv) of the Act, a prescribed criterion is that the significant tree or stand of trees (as the case requires) makes a significant contribution to the urban tree canopy of the local area.
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;
(ab)the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Heritage Places Act 1993;
(ac)the Chief Executive, in relation to regulation 19A;
(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.
19A—Building envelope plans
A designated authority may, on application, approve a building envelope plan if the building envelope plan is prepared in accordance with, and is consistent with the criteria set out in, a practice direction issued for the purposes of this regulation by the Commission.
A designated authority may, on application by a person or body that prepared a building envelope plan approved under this regulation, vary the building envelope plan (and an application for a variation of a building envelope plan will be treated as an application for approval of the building envelope plan under subregulation (1)).
A building envelope plan, or a variation to a building envelope plan, does not have effect for the purposes of the Planning and Design Code until the building envelope plan, or the varied building envelope plan—
(a)is submitted to the Chief Executive; and
(b)is published by the Chief Executive on the SA planning portal.
Note—
Under section 71(b) of the Act, the Planning and Design Code may refer to or incorporate wholly or partially and with or without modification, a policy or other document published by a prescribed body.
The Chief Executive is not required to publish a building envelope plan, or a varied building envelope plan, on the SA planning portal if the Chief Executive considers that the building envelope plan, or the varied building envelope plan, is inconsistent with the practice direction referred to in subregulation (1).
In this regulation—
building envelope plan means a plan that is prepared for the purposes of a division of land (whether the land has been or is to be divided) within a master planned zone and that provides for matters relating to buildings to be constructed on allotments created by the division of land, including—
(a)building setbacks and envelopes, building heights and floor levels; and
(b)other criteria relevant to determining whether such buildings fall within a particular class of development;
designated authority, in relation to a building envelope plan, means—
(b)if the relevant authority for the application for development authorisation for the division of land under section 102(1)(c) or (d) of the Act (the division of land authority) relating to the building envelope plan is an assessment panel appointed by a joint planning board—the assessment manager appointed by the joint planning board; or
(c)if the division of land authority relating to the building envelope plan is a regional assessment panel appointed by the Minister—the assessment manager appointed by the Chief Executive for the panel; or
(d)in any other case—the assessment manager appointed by the chief executive of the council in whose area the building envelope plan is to apply;
master planned zone means—
(a)the Master Planned Neighbourhood Zone, Master Planned Township Zone or Master Planned Renewal Zone under the Planning and Design Code; or
(b)any other zone identified by the Commission in a practice direction issued for the purposes of this regulation and published on the SA planning portal.
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;
(ba)a management plan (or part of a management plan) for a marine park under the Marine Parks Act 2007;
(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;
(ea)the Metropolitan Adelaide Road Widening Plan under the Metropolitan Adelaide Road Widening Plan Act 1972;
(eb)a lease, licence or native title mining agreement under the Mining Act 1971;
(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)a regional landscape plan, water allocation plan or landscapes or water affecting activities control policy (or a part of any such plan or policy) under the Landscape South Australia Act 2019;
(i)the Adelaide Dolphin Sanctuary Management Plan (or part of that plan) adopted under the Adelaide Dolphin Sanctuary Act 2005;
(j)the Register of Historic Shipwrecks kept under the Historic Shipwrecks Act 1981.
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.
In connection with subregulation (1)(a)(ii), an assessment manager may act as a relevant authority for the purposes of—
(a)making a decision in accordance with a practice direction under section 107(3)(a) of the Act; and
(b)determining whether a proposed development the subject of an application falls within a specified class of development excluded from the operation of section 107(3) and (4) of the Act by the Planning and Design Code.
Principal regulations and variations
New entries appear in bold.
| Year | No | Reference | Commencement |
| 2017 | 24 | Gazette 28.3.2017 p965 | 1.4.2017: r 2 |
| 2017 | 209 | Gazette 1.8.2017 p3051 | 1.10.2017: r 2 |
| 2019 | 172 | Gazette 27.6.2019 p2376 | 1.7.2019: r 2—disallowed on 4.12.2019 (Gazette 12.12.2019 p4253) |
| 2019 | 244 | Gazette 5.12.2019 p4071 | 5.12.2019: r 2 |
| 2020 | 6 | Gazette 6.2.2020 p218 | 6.2.2020: r 2 |
| 2020 | 216 | Gazette 18.6.2020 p3420 | 18.6.2020 except rr 4 to 24 & 26 to 33—31.7.2020: r 2—disallowed on 22.7.2020 (Gazette 30.7.2020 p4102) |
| 2020 | 230 | Gazette 2.7.2020 p3719 | 2.7.2020: r 2 |
| 2020 | 241 | Gazette 23.7.2020 p3976 | 23.7.2020 except rr 4 to 24 & 26 to 33—31.7.2020: r 2—disallowed on 23.9.2020 (Gazette 29.10.2020 p4926) |
| 2020 | 280 | Gazette 24.9.2020 p4690 | 24.9.2020: r 2 |
| 2020 | 281 | Gazette 24.9.2020 p4713 | 24.9.2020: r 2—disallowed on 11.11.2020 (Gazette 19.11.2020 p5078) |
| 2020 | 291 | Gazette 12.11.2020 p5041 | 12.11.2020: r 2 |
| 2020 | 294 | Gazette 12.11.2020 p5047 | 12.11.2020: r 2—disallowed on 2.12.2020 (Gazette 10.12.2020 p5637) |
| 2020 | 310 | Gazette 10.12.2020 p5661 | 10.12.2020: r 2—disallowed on 17.2.2021 (Gazette 25.2.2021 p646) |
| 2021 | 18 | Gazette 18.2.2021 p577 | 18.2.2021: r 2—disallowed on 17.3.2021 (Gazette 25.3.2021 p1049) |
| 2021 | 23 | Gazette 4.3.2021 p832 | 19.3.2021: r 2 |
| 2021 | 27 | Gazette 4.3.2021 p846 | 4.3.2021: r 2 |
| 2021 | 28 | Gazette 11.3.2021 p893 | 19.3.2021: r 2 |
| 2021 | 33 | Gazette 18.3.2021 p970 | 19.3.2021 immediately after 23/2021: r 2 |
| 2021 | 34 | Gazette 18.3.2021 p978 | 18.3.2021: r 2—disallowed on 12.5.2021 (Gazette 20.5.2021 p1397) |
| 2021 | 69 | Gazette 3.6.2021 p1850 | 1.7.2021: r 2 |
| 2021 | 111 | Gazette 22.7.2021 p2858 | 22.7.2021: r 2 |
| 2021 | 121 | Gazette 18.8.2021 p3103 | 18.8.2021: r 2 |
| 2021 | 123 | Gazette 26.8.2021 p3321 | 30.8.2021: r 2 |
| 2021 | 144 | Gazette 23.9.2021 p3608 | 23.9.2021: r 2 |
| 2021 | 190 | Gazette 16.12.2021 p4421 | 16.12.2021: r 2 |
| 2022 | 43 | Gazette 16.6.2022 p1836 | 16.6.2022: r 2 |
| 2022 | 83 | Gazette 29.9.2022 p6262 | 29.9.2022: r 2 |
| 2022 | 104 | Gazette 24.11.2022 p6700 | 24.11.2022: r 2 |
| 2022 | 117 | Gazette 15.12.2022 p6927 | 15.12.2022: r 2 |
| 2023 | 3 | Gazette 15.2.2023 p357 | 15.2.2023: r 2 |
| 2023 | 48 | Gazette 26.5.2023 p1360 | 26.5.2023: r 2 |
| 2023 | 87 | Gazette 16.8.2023 p2989 | 16.8.2023: r 2 |
| 2023 | 96 | Gazette 31.8.2023 p3134 | 31.8.2023: r 2 |
| 2023 | 97 | Gazette 14.9.2023 p3240 | 14.9.2023: r 2 |
| 2023 | 112 | Gazette 16.11.2023 p3897 | 16.11.2023: r 2 |
| 2023 | 117 | Gazette 30.11.2023 p4004 | 30.11.2023: r 2 |
| 2024 | 6 | Gazette 22.2.2024 p193 | 22.2.2024: r 2 |
| 2024 | 13 | Gazette 14.3.2024 p442 | 14.3.2024: r 2 |
| 2024 | 36 | Gazette 16.5.2024 p919 | 16.5.2024: r 2 |
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
| Provision | How varied | Commencement |
| Pt 1 | ||
| r 2 | omitted under Legislation Revision and Publication Act 2002 | 1.10.2017 |
| r 3 | ||
| r 3(1) | r 3 redesignated as r 3(1) by 172/2019 r 4(2) | 1.7.2019—disallowed on 4.12.2019 |
| r 3 redesignated as r 3(1) by 244/2019 r 4(2) | 5.12.2019 | |
| AHD | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| deleted by 241/2020 r 4(1) | 31.7.2020—disallowed on 23.9.2020 | |
| deleted by 280/2020 r 4(1) | 24.9.2020 | |
| ARI | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| deleted by 241/2020 r 4(1) | 31.7.2020—disallowed on 23.9.2020 | |
| deleted by 280/2020 r 4(1) | 24.9.2020 | |
| class 1, 2 or 3 activity | inserted by 33/2021 r 4(1) | 19.3.2021 |
| coastal land | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| designated airport building heights area | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| designated building | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| designated building product | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| designated environmental zone, subzone or overlay | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| designated flood zone, subzone or overlay | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| designated regulated tree overlay | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| essential safety provisions | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| fire authority | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| groundwater prohibition area | inserted by 33/2021 r 4(2) | 19.3.2021 |
| home activity | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| HomeBuilder development | inserted by 28/2021 r 4 | 19.3.2021 |
| Metropolitan Adelaide | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| more sensitive use | inserted by 33/2021 r 4(3) | 19.3.2021 |
| outbuilding | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| prescribed fee | inserted by 69/2021 r 4(1) | 1.7.2021 |
| private bushfire shelter | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| related set of regulations | inserted by 69/2021 r 4(2) | 1.7.2021 |
| remediation | inserted by 33/2021 r 4(4) | 19.3.2021 |
| sensitive use | inserted by 33/2021 r 4(4) | 19.3.2021 |
| site contamination, site contamination audit, site contamination auditor, site contamination audit report, site contamination consultant | inserted by 33/2021 r 4(4) | 19.3.2021 |
| site contamination practice direction | inserted by 33/2021 r 4(4) | 19.3.2021 |
| writing | inserted by 172/2019 r 4(1) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(1) | 5.12.2019 | |
| r 3(2) | inserted by 172/2019 r 4(2) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(2) | 5.12.2019 | |
| r 3(3) | inserted by 172/2019 r 4(2) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(2) | 5.12.2019 | |
| deleted by 241/2020 r 4(2) | 31.7.2020—disallowed on 23.9.2020 | |
| deleted by 280/2020 r 4(2) | 24.9.2020 | |
| r 3(4) and (5) | inserted by 172/2019 r 4(2) | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 4(2) | 5.12.2019 | |
| r 3(6) | inserted by 33/2021 r 4(5) | 19.3.2021 |
| r 3A | inserted by 172/2019 r 5 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 5 | 5.12.2019 | |
| r 3A(1a) | inserted by 28/2021 r 5(1) | 19.3.2021 |
| expired: r 3A(3b)—omitted under Legislation Revision and Publication Act 2002 | (30.9.2022) | |
| r 3A(3a) | inserted by 241/2020 r 5(1) | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 5(1) | 24.9.2020 | |
| substituted by 23/2021 r 4(1) | 19.3.2021 | |
| substituted by 111/2021 r 4(1) | 22.7.2021 | |
| deleted by 112/2023 r 3 | 16.11.2023 | |
| r 3A(3b) | inserted by 28/2021 r 5(2) | 19.3.2021 |
| omitted under Legislation Revision and Publication Act 2002 | 24.11.2022 | |
| r 3A(4) before substitution by 112/2023 | ||
| designated area | inserted by 28/2021 r 5(3) | 19.3.2021 |
| designated day | inserted by 241/2020 r 5(2) | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 5(2) | 24.9.2020 | |
| substituted by 23/2021 r 4(2) | 19.3.2021 | |
| substituted by 111/2021 r 4(2) | 22.7.2021 | |
| varied by 123/2021 r 4 | 30.8.2021 | |
| HomeBuilder grant | inserted by 28/2021 r 5(4) | 19.3.2021 |
| National Partnership Agreement | inserted by 28/2021 r 5(4) | 19.3.2021 |
| prescribed day | inserted by 28/2021 r 5(4) | 19.3.2021 |
| relevant day | inserted by 28/2021 r 5(5) | 19.3.2021 |
| r 3A(4) | substituted by 112/2023 r 3 | 16.11.2023 |
| r 3A(5) | inserted by 112/2023 r 3 | 16.11.2023 |
| r 3B | inserted by 172/2019 r 5 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 5 | 5.12.2019 | |
| r 3C | inserted by 172/2019 r 5 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 5 | 5.12.2019 | |
| r 3C(4a) and (4b) | inserted by 96/2023 r 3 | 31.8.2023 |
| r 3CA | inserted by 121/2021 r 4 | 18.8.2021 |
| r 3CA(6a) and (6b) | inserted by 96/2023 r 4 | 31.8.2023 |
| rr 3D and 3E | inserted by 172/2019 r 5 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 5 | 5.12.2019 | |
| r 3F | inserted by 172/2019 r 5 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 5 | 5.12.2019 | |
| r 3F(1) | varied by 241/2020 r 6(1) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 6(1) | 24.9.2020 | |
| amended by 36/2024 r 3(1), (2) | 16.5.2024 | |
| r 3F(2) | amended by 36/2024 r 3(3) | 16.5.2024 |
| r 3F(4) | varied by 241/2020 r 6(2) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 6(2) | 24.9.2020 | |
| amended by 36/2024 r 3(4)—(6) | 16.5.2024 | |
| r 3F(4a) | inserted by 36/2024 r 3(7) | 16.5.2024 |
| r 3F(6) | amended by 36/2024 r 3(8) | 16.5.2024 |
| rr 3G—3I | inserted by 172/2019 r 5 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 5 | 5.12.2019 | |
| Pt 2 | ||
| heading | substituted by 209/2017 r 4 | 1.10.2017 |
| r 4 | deleted by 172/2019 r 6 | 1.7.2019—disallowed on 4.12.2019 |
| deleted by 244/2019 r 6 | 5.12.2019 | |
| r 6 | ||
| r 6(1) | varied by 6/2020 r 4 | 6.2.2020 |
| r 6A | inserted by 172/2019 r 7 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 7 | 5.12.2019 | |
| r 8 | ||
| r 8(13) | inserted by 209/2017 r 5 | 1.10.2017 |
| r 11 | inserted by 209/2017 r 6 | 1.10.2017 |
| rr 11A and 11B | inserted by 230/2020 r 4 | 2.7.2020 |
| Pt 3 | inserted by 209/2017 r 7 | 1.10.2017 |
| r 18 | varied by 172/2019 r 8 | 1.7.2019—disallowed on 4.12.2019 |
| varied by 244/2019 r 8 | 5.12.2019 | |
| Pt 4 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| r 18A | inserted by 36/2024 r 4 | 16.5.2024 |
| r 19 | varied by 241/2020 r 7 | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 7 | 24.9.2020 | |
| varied by 23/2021 r 5 | 19.3.2021 | |
| varied by 190/2021 r 4 | 16.12.2021 | |
| r 19A | inserted by 23/2021 r 6 | 19.3.2021 |
| r 19A(5) | ||
| designated authority | (a) deleted by 13/2024 r 3(1) | 14.3.2024 |
| amended by 13/2024 r 3(2) | 14.3.2024 | |
| r 21 | varied by 241/2020 r 8 | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 8 | 24.9.2020 | |
| varied by 23/2021 r 7 | 19.3.2021 | |
| amended by 48/2023 r 3 | 26.5.2023 | |
| amended by 13/2024 r 4 | 14.3.2024 | |
| r 22 | ||
| r 22(1) | r 22 redesignated as r 22(1) by 241/2020 r 9 | 31.7.2020—disallowed on 23.9.2020 |
| r 22 redesignated as r 22(1) by 280/2020 r 9 | 24.9.2020 | |
| r 22(2) | inserted by 241/2020 r 9 | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 9 | 24.9.2020 | |
| Pt 5 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| Pt 6 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| r 26A | inserted by 27/2021 r 4 | 4.3.2021 |
| r 27 | ||
| r 27(a1) | inserted by 23/2021 r 8 | 19.3.2021 |
| Pt 7 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| r 31 | ||
| r 31(1) | varied by 69/2021 r 5 | 1.7.2021 |
| amended by 6/2024 r 3(1), (2) | 22.2.2024 | |
| r 31(2) | varied by 190/2021 r 5(1) | 16.12.2021 |
| amended by 6/2024 r 3(3) | 22.2.2024 | |
| r 31(3) | deleted by 23/2021 r 9 | 19.3.2021 |
| inserted by 190/2021 r 5(2) | 16.12.2021 | |
| rr 32A and 32B | inserted by 33/2021 r 5 | 19.3.2021 |
| r 33 | ||
| r 33(2a) | inserted by 6/2024 r 4 | 22.2.2024 |
| r 34 | ||
| r 34(1) | amended by 48/2023 r 4 | 26.5.2023 |
| r 35 | ||
| r 35(1) | amended by 48/2023 r 5 | 26.5.2023 |
| r 36 | ||
| r 36(2) | amended by 48/2023 r 6 | 26.5.2023 |
| r 41 | ||
| r 41(1a) | inserted by 190/2021 r 6 | 16.12.2021 |
| amended by 6/2024 r 5(1) | 22.2.2024 | |
| r 41(1b) | inserted by 190/2021 r 6 | 16.12.2021 |
| amended by 6/2024 r 5(2) | 22.2.2024 | |
| r 41(2) | substituted by 6/2024 r 5(3) | 22.2.2024 |
| r 41A | inserted by 48/2023 r 7 | 26.5.2023 |
| relocated to follow r 41 by 96/2023 r 5 | 31.8.2023 | |
| r 43 | ||
| r 43(2) | substituted by 241/2020 r 10 | 31.7.2020—disallowed on 23.9.2020 |
| substituted by 280/2020 r 10 | 24.9.2020 | |
| r 43(3) | inserted by 241/2020 r 10 | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 10 | 24.9.2020 | |
| r 44 | varied by 241/2020 r 11 | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 11 | 24.9.2020 | |
| r 46 | ||
| r 46(4) | varied by 69/2021 r 6(1) | 1.7.2021 |
| r 46(6) | varied by 69/2021 r 6(2) | 1.7.2021 |
| r 47 | ||
| r 47(4) | substituted by 241/2020 r 12 | 31.7.2020—disallowed on 23.9.2020 |
| substituted by 280/2020 r 12 | 24.9.2020 | |
| r 47(6) | varied by 190/2021 r 7 | 16.12.2021 |
| r 53 | ||
| r 53(1) | varied by 23/2021 r 10(1) | 19.3.2021 |
| amended by 48/2023 r 8(1), (2) | 26.5.2023 | |
| amended by 6/2024 r 6(1)—(5) | 22.2.2024 | |
| amended by 13/2024 r 5(1) | 14.3.2024 | |
| r 53(2) | varied by 190/2021 r 8 | 16.12.2021 |
| r 53(8) | inserted by 23/2021 r 10(2) | 19.3.2021 |
| substituted by 48/2023 r 8(3) | 26.5.2023 | |
| amended by 13/2024 r 5(2) | 14.3.2024 | |
| r 53(9) | inserted by 23/2021 r 10(2) | 19.3.2021 |
| substituted by 48/2023 r 8(3) | 26.5.2023 | |
| amended by 13/2024 r 5(3) | 14.3.2024 | |
| r 53(10) | inserted by 23/2021 r 10(2) | 19.3.2021 |
| deleted by 48/2023 r 8(3) | 26.5.2023 | |
| inserted by 13/2024 r 5(4) | 14.3.2024 | |
| r 53A | inserted by 111/2021 r 5 | 22.7.2021 |
| deleted by 123/2021 r 5 | 30.8.2021 | |
| r 57 | ||
| r 57(2) | substituted by 6/2024 r 7(1) | 22.2.2024 |
| r 57(3) | amended by 6/2024 r 7(2) | 22.2.2024 |
| r 57(4) | substituted by 241/2020 r 13 | 31.7.2020—disallowed on 23.9.2020 |
| substituted by 280/2020 r 13 | 24.9.2020 | |
| amended by 6/2024 r 7(3) | 22.2.2024 | |
| r 59 | ||
| r 59(2) | amended by 36/2024 r 5(1), (2) | 16.5.2024 |
| r 62A | inserted by 117/2022 r 3 | 15.12.2022 |
| r 64 | ||
| r 64(2a) and (2b) | inserted by 241/2020 r 14 | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 14 | 24.9.2020 | |
| r 64A | ||
| r 64A(1) | r 64A redesignated as r 64A(1) by 190/2021 r 9 | 16.12.2021 |
| r 64A inserted by 241/2020 r 15 | 31.7.2020—disallowed on 23.9.2020 | |
| r 64A inserted by 280/2020 r 15 | 24.9.2020 | |
| r 64A(2) | inserted by 190/2021 r 9 | 16.12.2021 |
| r 65 | ||
| r 65(3) | inserted by 241/2020 r 16 | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 16 | 24.9.2020 | |
| r 65(4)—(6) | inserted by 48/2023 r 9 | 26.5.2023 |
| r 67 | ||
| r 67(1) | r 67 varied and redesignated as r 67(1) by 291/2020 r 4(1), (2) | 12.11.2020 |
| varied by 23/2021 r 11 | 19.3.2021 | |
| varied by 69/2021 r 7 | 1.7.2021 | |
| amended by 13/2024 r 6(1)—(4) | 14.3.2024 | |
| r 67(2) | inserted by 291/2020 r 4(2) | 12.11.2020 |
| deleted by 13/2024 r 6(5) | 14.3.2024 | |
| r 67(3) | inserted by 190/2021 r 10 | 16.12.2021 |
| operative date | amended by 48/2023 r 10 | 26.5.2023 |
| amended by 13/2024 r 6(6) | 14.3.2024 | |
| Pt 8 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| r 68 | ||
| r 68(2) | varied by 69/2021 r 8 | 1.7.2021 |
| r 68(3) | deleted by 241/2020 r 17 | 31.7.2020—disallowed on 23.9.2020 |
| deleted by 280/2020 r 17 | 24.9.2020 | |
| r 73(1) and (2) | substituted by 48/2023 r 11(1) | 26.5.2023 |
| r 73(2a) | inserted by 48/2023 r 11(1) | 26.5.2023 |
| r 73(3) | amended by 48/2023 r 11(2) | 26.5.2023 |
| Pt 9 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| r 76 | ||
| r 76(1) | varied by 190/2021 r 11 | 16.12.2021 |
| r 79 | ||
| r 79(1) and (2) | substituted by 48/2023 r 12(1) | 26.5.2023 |
| r 79(5) | varied by 69/2021 r 9 | 1.7.2021 |
| r 79(6) | amended by 48/2023 r 12(2) | 26.5.2023 |
| r 85 | ||
| r 85(4) | amended by 48/2023 r 13 | 26.5.2023 |
| r 89 | ||
| r 89(2) | varied by 33/2021 r 6 | 19.3.2021 |
| Pt 10 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| r 93 | ||
| r 93(1) | varied by 241/2020 r 18(1), (2) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 18(1), (2) | 24.9.2020 | |
| amended by 13/2024 r 7 | 14.3.2024 | |
| r 94 | ||
| r 94(4) | varied by 241/2020 r 19 | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 19 | 24.9.2020 | |
| varied by 69/2021 r 10 | 1.7.2021 | |
| amended by 48/2023 r 14(1) | 26.5.2023 | |
| r 94(11) | amended by 48/2023 r 14(2) | 26.5.2023 |
| r 99 | ||
| r 99(2) | varied by 241/2020 r 20(1) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 20(1) | 24.9.2020 | |
| r 99(3) | varied by 241/2020 r 20(2) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 20(2) | 24.9.2020 | |
| r 99(4) | varied by 241/2020 r 20(3) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 20(3) | 24.9.2020 | |
| Pt 11 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| r 103 before substitution by 190/2021 | ||
| r 103(1a) | inserted by 23/2021 r 12 | 19.3.2021 |
| r 103(3a)—(3c) | inserted by 33/2021 r 7 | 19.3.2021 |
| r 103(6a) and (6b) | inserted by 241/2020 r 21(1) | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 21(1) | 24.9.2020 | |
| r 103(7) | varied by 241/2020 r 21(2) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 21(2) | 24.9.2020 | |
| r 103(7a) | inserted by 241/2020 r 21(3) | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 21(3) | 24.9.2020 | |
| r 103(11) | varied by 241/2020 r 21(4) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 21(4) | 24.9.2020 | |
| Pt 11 Div 1 | ||
| heading | inserted by 190/2021 r 12 | 16.12.2021 |
| Pt 11 Div 2 | ||
| heading | varied by 190/2021 r 13 | 16.12.2021 |
| r 102 | ||
| r 102(3) | varied by 69/2021 r 11 | 1.7.2021 |
| Pt 11 Div 3 | inserted by 190/2021 r 14 | 16.12.2021 |
| r 103 | substituted by 190/2021 r 14 | 16.12.2021 |
| r 103(1) | (a) will expire: r 103(2) | (31.12.2023) |
| r 103(2) | amended by 43/2022 r 3 | 16.6.2022 |
| amended by 117/2023 r 3 | 30.11.2023 | |
| r 103A | ||
| r 103A(2) | amended by 43/2022 r 4 | 16.6.2022 |
| amended by 117/2023 r 4 | 30.11.2023 | |
| r 103B | amended by 43/2022 r 5 | 16.6.2022 |
| amended by 117/2023 r 5 | 30.11.2023 | |
| r 103G | ||
| r 103G(2) | amended by 43/2022 r 6 | 16.6.2022 |
| substituted by 117/2023 r 6 | 30.11.2023 | |
| amended by 6/2024 r 8 | 22.2.2024 | |
| Pt 11 Div 4 | inserted by 190/2021 r 14 | 16.12.2021 |
| Pt 11 Div 5 | ||
| heading | inserted by 190/2021 r 15 | 16.12.2021 |
| r 104 | ||
| r 104(3) | substituted by 241/2020 r 22(1) | 31.7.2020—disallowed on 23.9.2020 |
| substituted by 280/2020 r 22(1) | 24.9.2020 | |
| amended by 48/2023 r 15(1) | 26.5.2023 | |
| r 104(5) | varied by 241/2020 r 22(2) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 22(2) | 24.9.2020 | |
| amended by 48/2023 r 15(2) | 26.5.2023 | |
| r 104(8) | amended by 13/2024 r 8 | 14.3.2024 |
| r 104(10) | deleted by 241/2020 r 22(3) | 31.7.2020—disallowed on 23.9.2020 |
| deleted by 280/2020 r 22(3) | 24.9.2020 | |
| Pt 11A | inserted by 48/2023 r 16 | 26.5.2023 |
| Pt 12 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| r 106 | ||
| r 106(1a) and (1b) | inserted by 96/2023 r 6 | 31.8.2023 |
| r 106A | inserted by 23/2021 r 13 | 19.3.2021 |
| Pt 13 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| Pt 14 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| r 111 | ||
| r 111(8) | ||
| operative date | amended by 48/2023 r 17 | 26.5.2023 |
| Pt 15 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| r 112 | ||
| r 112(2) | varied by 241/2020 r 23(1) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 23(1) | 24.9.2020 | |
| r 112(3) | inserted by 241/2020 r 23(2) | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 23(2) | 24.9.2020 | |
| substituted by 13/2024 r 9 | 14.3.2024 | |
| r 113 | amended by 13/2024 r 10 | 14.3.2024 |
| Pt 16 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| r 113A | inserted by 13/2024 r 11 | 14.3.2024 |
| Pt 17 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| r 116 | varied by 241/2020 r 24 | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 24 | 24.9.2020 | |
| r 116(1) | r 116 redesignated as r 116(1) by 48/2023 r 18 | 26.5.2023 |
| r 116(2) | inserted by 48/2023 r 18 | 26.5.2023 |
| Pt 18 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| r 119 | varied by 216/2020 r 25 | 18.6.2020—disallowed on 22.7.2020 |
| varied by 241/2020 r 25 | 23.7.2020—disallowed on 23.9.2020 | |
| varied by 281/2020 r 4 | 24.9.2020—disallowed on 11.11.2020 | |
| r 119(1) | r 119 varied and redesignated as r 119(1) by 294/2020 r 4(1), (2) | 12.11.2020—disallowed on 2.12.2020 |
| r 119 varied and redesignated as r 119(1) by 310/2020 r 4(1), (2) | 10.12.2020—disallowed on 17.2.2021 | |
| r 119 varied and redesignated as r 119(1) by 18/2021 r 4(1), (2) | 18.2.2021—disallowed on 17.3.2021 | |
| r 119 varied and redesignated as r 119(1) by 34/2021 r 4(1), (2) | 18.3.2021—disallowed on 12.5.2021 | |
| r 119(2) | inserted by 294/2020 r 4(2) | 12.11.2020—disallowed on 2.12.2020 |
| inserted by 310/2020 r 4(2) | 10.12.2020—disallowed on 17.2.2021 | |
| inserted by 18/2021 r 4(2) | 18.2.2021—disallowed on 17.3.2021 | |
| inserted by 34/2021 r 4(2) | 18.3.2021—disallowed on 12.5.2021 | |
| r 120 | ||
| r 120(1) | varied by 23/2021 r 14(1) | 19.3.2021 |
| varied by 69/2021 r 12 | 1.7.2021 | |
| amended by 48/2023 r 19(1) | 26.5.2023 | |
| amended by 6/2024 r 9 | 22.2.2024 | |
| r 120(2) | varied by 23/2021 r 14(2) | 19.3.2021 |
| deleted by 48/2023 r 19(2) | 26.5.2023 | |
| r 120(3) | deleted by 48/2023 r 19(2) | 26.5.2023 |
| r 126 | varied by 190/2021 r 16 | 16.12.2021 |
| Schs 1 and 2 | deleted by 172/2019 r 10 | 1.7.2019—disallowed on 4.12.2019 |
| deleted by 244/2019 r 10 | 5.12.2019 | |
| Sch 1 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| Sch 2 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| Sch 3 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| cl 7 | ||
| cl 7(1) | varied by 241/2020 r 26 | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 25 | 24.9.2020 | |
| cl 10 | inserted by 96/2023 r 7 | 31.8.2023 |
| cl 11 | inserted by 13/2024 r 12 | 14.3.2024 |
| Sch 4 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| cl 2 | ||
| cl 2(1) | varied by 23/2021 r 15(1), (2) | 19.3.2021 |
| cl 2(4) | inserted by 104/2022 r 3 | 24.11.2022 |
| amended by 48/2023 r 20(1) | 26.5.2023 | |
| cl 4 | ||
| cl 4(1) | varied by 241/2020 r 27(1)—(8) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 26(1)—(8) | 24.9.2020 | |
| varied by 23/2021 r 15(3), (4) | 19.3.2021 | |
| amended by 117/2022 r 4(1), (2) | 15.12.2022 | |
| amended by 48/2023 r 20(2) | 26.5.2023 | |
| cl 4(2) | varied by 241/2020 r 27(9) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 26(9) | 24.9.2020 | |
| cl 4(3) | varied by 241/2020 r 27(10) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 26(10) | 24.9.2020 | |
| cl 5 | ||
| cl 5(2) | varied by 241/2020 r 27(11) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 26(11) | 24.9.2020 | |
| varied by 23/2021 r 15(5) | 19.3.2021 | |
| amended by 117/2022 r 4(3) | 15.12.2022 | |
| amended by 117/2023 r 7 | 30.11.2023 | |
| cl 9 | varied by 241/2020 r 27(12)—(15) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 26(12)—(15) | 24.9.2020 | |
| varied by 23/2021 r 15(6) | 19.3.2021 | |
| cl 10 | ||
| cl 10(1) | cl 10 redesignated as cl 10(1) by 241/2020 r 27(16) | 31.7.2020—disallowed on 23.9.2020 |
| cl 10 redesignated as cl 10(1) by 280/2020 r 26(16) | 24.9.2020 | |
| cl 10(2) | inserted by 241/2020 r 27(16) | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 26(16) | 24.9.2020 | |
| cl 11 | varied by 241/2020 r 27(17) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 26(17) | 24.9.2020 | |
| cl 13 | ||
| cl 13(1) | varied by 241/2020 r 27(18) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 26(18) | 24.9.2020 | |
| varied by 23/2021 r 15(7) | 19.3.2021 | |
| cl 13(3) | varied by 241/2020 r 27(19)—(22) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 26(19)—(22) | 24.9.2020 | |
| cl 13(4) | ||
| neighbourhood- type zone | inserted by 23/2021 r 15(8) | 19.3.2021 |
| cl 14 | ||
| cl 14(5a) | inserted by 241/2020 r 27(23) | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 26(23) | 24.9.2020 | |
| cl 14(7) | ||
| infrastructure | varied by 241/2020 r 27(24) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 26(24) | 24.9.2020 | |
| cl 18 | ||
| cl 18(1) | amended by 36/2024 r 6(1) | 16.5.2024 |
| cl 18(1a) and (1b) | inserted by 36/2024 r 6(2) | 16.5.2024 |
| cl 18(2) | amended by 36/2024 r 6(3), (4) | 16.5.2024 |
| cl 18(3) | inserted by 36/2024 r 6(5) | 16.5.2024 |
| Sch 4A | inserted by 121/2021 r 5 | 18.8.2021 |
| cl 1 | ||
| cl 1(1) | amended by 48/2023 r 21(1), (2) | 26.5.2023 |
| Sch 5 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| cl 4 | ||
| cl 4(1) | varied by 241/2020 r 28(1), (2) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 27(1), (2) | 24.9.2020 | |
| (d), (e) deleted by 241/2020 r 28(3) | 31.7.2020—disallowed on 23.9.2020 | |
| (d), (e) deleted by 280/2020 r 27(3) | 24.9.2020 | |
| Sch 6 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| cl 1 | ||
| cl 1(1) | varied by 241/2020 r 29(1)—(4) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 28(1)—(4) | 24.9.2020 | |
| cl 1(3) | inserted by 48/2023 r 22(1) | 26.5.2023 |
| cl 3 | ||
| cl 3(2) and (3) | deleted by 48/2023 r 22(2) | 26.5.2023 |
| cl 4 | ||
| cl 4(2) and (3) | deleted by 48/2023 r 22(3) | 26.5.2023 |
| heading | amended by 13/2024 r 13(1) | 14.3.2024 |
| cl 4A | inserted by 241/2020 r 29(5) | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 28(5) | 24.9.2020 | |
| cl 4A(2) and (3) | deleted by 48/2023 r 22(4) | 26.5.2023 |
| cl 4B | inserted by 48/2023 r 22(5) | 26.5.2023 |
| cl 5 | ||
| cl 5(2) and (3) | deleted by 48/2023 r 22(6) | 26.5.2023 |
| cl 8 | ||
| cl 8(2) | amended by 13/2024 r 13(2), (3) | 14.3.2024 |
| cl 12 | varied by 241/2020 r 29(6) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 28(6) | 24.9.2020 | |
| cl 12A | inserted by 241/2020 r 29(7) | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 28(7) | 24.9.2020 | |
| cl 14 | inserted by 241/2020 r 29(8) | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 28(8) | 24.9.2020 | |
| substituted by 48/2023 r 22(7) | 26.5.2023 | |
| cl 15 | inserted by 144/2021 r 4 | 23.9.2021 |
| expired: Sch 6 cl 15(2)—omitted under Legislation Revision and Publication Act 2002 | (30.4.2022) | |
| inserted by 83/2022 r 3 | 29.9.2022 | |
| substituted by 3/2023 r 3 | 15.2.2023 | |
| cl 16 | inserted by 190/2021 r 17 | 16.12.2021 |
| cl 17 | inserted by 48/2023 r 22(8) | 26.5.2023 |
| amended by 13/2024 r 13(5) | 14.3.2024 | |
| heading | amended by 13/2024 r 13(4) | 14.3.2024 |
| Sch 6A before omission under Legislation Revision and Publication Act 2002 | inserted by 27/2021 r 5 | 4.3.2021 |
| cl 1 | deleted by 190/2021 r 18 | 16.12.2021 |
| cl 2 | inserted by 144/2021 r 5 | 23.9.2021 |
| expired: Sch 6A cl 2(2)—omitted under Legislation Revision and Publication Act 2002 | (30.4.2022) | |
| Sch 6A | omitted under Legislation Revision and Publication Act 2002 | 16.6.2022 |
| inserted by 83/2022 r 4 | 29.9.2022 | |
| cl 1 | substituted by 3/2023 r 4 | 15.2.2023 |
| cl 2 | inserted by 117/2022 r 5 | 15.12.2022 |
| cl 2(1) | amended by 117/2023 r 8(1) | 30.11.2023 |
| cl 2(2) | amended by 117/2023 r 8(2) | 30.11.2023 |
| cl 3 | inserted by 87/2023 r 3 | 16.8.2023 |
| cl 3(1) | amended by 112/2023 r 4(1) | 16.11.2023 |
| cl 3(2) | (b) deleted by 112/2023 r 4(2) | 16.11.2023 |
| cl 3(3) | amended by 112/2023 r 4(3) | 16.11.2023 |
| amended by 13/2024 r 14 | 14.3.2024 | |
| cl 3(4a) | inserted by 112/2023 r 4(4) | 16.11.2023 |
| cl 3(6a) | inserted by 112/2023 r 4(5) | 16.11.2023 |
| cl 3(9a) | inserted by 112/2023 r 4(6) | 16.11.2023 |
| cl 3(13a)—(13c) | inserted by 112/2023 r 4(7) | 16.11.2023 |
| cl 3(14a) and (14b) | inserted by 112/2023 r 4(8) | 16.11.2023 |
| Sch 6B | inserted by 28/2021 r 6 | 19.3.2021 |
| Sch 7 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| cl 12 | inserted by 241/2020 r 30 | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 29 | 24.9.2020 | |
| amended by 117/2023 r 9 | 30.11.2023 | |
| Sch 8 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| cl 1 | varied by 241/2020 r 31(1) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 30(1) | 24.9.2020 | |
| varied by 23/2021 r 16(1) | 19.3.2021 | |
| cl 2 | varied by 241/2020 r 31(2)—(11) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 30(2)—(11) | 24.9.2020 | |
| cl 2(1) | cl 2 varied and redesignated as cl 2(1) by 23/2021 r 16(2)—(7) | 19.3.2021 |
| (d) deleted by 33/2021 r 8(1) | 19.3.2021 | |
| varied by 190/2021 r 19(1), (2) | 16.12.2021 | |
| amended by 48/2023 r 23(1) | 26.5.2023 | |
| cl 2(2) | inserted by 23/2021 r 16(7) | 19.3.2021 |
| deleted by 33/2021 r 8(2) | 19.3.2021 | |
| cl 2A | inserted by 33/2021 r 8(3) | 19.3.2021 |
| cl 8A | inserted by 48/2023 r 23(2) | 26.5.2023 |
| cl 10 | ||
| cl 10(1) | varied by 241/2020 r 31(12) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 30(12) | 24.9.2020 | |
| cl 11 | ||
| cl 11(1) | varied by 241/2020 r 31(13) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 30(13) | 24.9.2020 | |
| cl 12 | ||
| cl 12(1) | varied by 241/2020 r 31(14) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 30(14) | 24.9.2020 | |
| cl 13 | ||
| cl 13(1) | varied by 241/2020 r 31(15) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 30(15) | 24.9.2020 | |
| cl 14 | varied by 23/2021 r 16(8)—(10) | 19.3.2021 |
| cl 16 | inserted by 28/2021 r 7 | 19.3.2021 |
| Sch 9 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| cl 1 | ||
| cl 1(1) | varied by 241/2020 r 32(1)—(3) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 31(1)—(3) | 24.9.2020 | |
| cl 1(2) | varied by 241/2020 r 32(4) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 31(4) | 24.9.2020 | |
| varied by 69/2021 r 13 | 1.7.2021 | |
| cl 1(4) | inserted by 33/2021 r 9(1) | 19.3.2021 |
| cl 2 | varied by 241/2020 r 32(5) | 31.7.2020—disallowed on 23.9.2020 |
| varied by 280/2020 r 31(5) | 24.9.2020 | |
| cl 3 | substituted by 241/2020 r 32(6) | 31.7.2020—disallowed on 23.9.2020 |
| substituted by 280/2020 r 31(6) | 24.9.2020 | |
| varied by 23/2021 r 17(1)—(3) | 19.3.2021 | |
| varied by 33/2021 r 9(2) | 19.3.2021 | |
| amended by 48/2023 r 24(1), (2) | 26.5.2023 | |
| amended by 96/2023 r 8 | 31.8.2023 | |
| Sch 10 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| Schs 10A and 10B | inserted by 241/2020 r 33 | 31.7.2020—disallowed on 23.9.2020 |
| inserted by 280/2020 r 32 | 24.9.2020 | |
| Schs 11 and 12 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| Sch 13 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 | |
| cl 2 | ||
| cl 2(1) | (b)(v) expired: cl 2(6)—omitted under Legislation Revision and Publication Act 2002 | (1.7.2020) |
| varied by 23/2021 r 18(1), (2) | 19.3.2021 | |
| amended by 48/2023 r 25(1)—(12) | 26.5.2023 | |
| amended by 97/2023 r 3 | 14.9.2023 | |
| amended by 13/2024 r 15(1)—(4) | 14.3.2024 | |
| amended by 36/2024 r 7 | 16.5.2024 | |
| cl 2(2) | varied by 23/2021 r 18(3) | 19.3.2021 |
| amended by 48/2023 r 25(13) | 26.5.2023 | |
| cl 2(6) | omitted under Legislation Revision and Publication Act 2002 | 23.7.2020 |
| Schs 14—19 | inserted by 172/2019 r 9 | 1.7.2019—disallowed on 4.12.2019 |
| inserted by 244/2019 r 9 | 5.12.2019 |
Transitional etc provisions associated with regulations or variations
Planning, Development and Infrastructure (General) (Miscellaneous) Amendment Regulations 2024 (No 13 of 2024), Sch 1
1—Transitional provisions
The amendments to regulation 19A of the principal regulations effected by regulation 3 do not apply to or in relation to an application for approval of a building envelope plan made before the commencement of regulation 3.
The amendments to regulation 67 of the principal regulations effected by regulation 6 apply to or in relation to a consent or approval under Part 7 of the Act granted or approved, but not yet lapsed, before the commencement of regulation 6.
In this clause—
principal regulations means the Planning, Development and Infrastructure (General) Regulations 2017.
Planning, Development and Infrastructure (General) (Regulated and Significant Trees) Amendment Regulations 2024 (No 36 of 2024), Sch 1
1—Transitional provision
The amendments effected by these regulations do not apply in relation to any activity that is—
(a)undertaken for the purposes of a development that is the subject of—
(i)an application for development authorisation under the Planning, Development and Infrastructure Act 2016 lodged before the commencement of this clause; or
(ii)a development authorisation under the Planning, Development and Infrastructure Act 2016 granted before the commencement of this clause,
if the activity is undertaken after development authorisation is granted and before the day falling 12 months after the commencement of this clause; or
(b)undertaken by or on behalf of the South Australian Housing Trust for the purposes of a development, or in connection with the demolition of a dwelling or residential flat building, before 1 January 2027 (regardless of whether the application for development authorisation is lodged, or development authorisation is granted, in respect of the development before or after the commencement of this clause).
Historical versions
| 1.10.2017 |
| 1.7.2019 |
| 4.12.2019 (electronic only) |
| 5.12.2019 |
| 6.2.2020 |
| 18.6.2020 |
| 2.7.2020 |
| 22.7.2020 (electronic only) |
| 23.7.2020 |
| 31.7.2020 |
| 23.9.2020 (electronic only) |
| 24.9.2020 |
| 11.11.2020 (electronic only) |
| 12.11.2020 |
| 2.12.2020 (electronic only) |
| 10.12.2020 |
| 17.2.2021 (electronic only) |
| 18.2.2021 |
| 4.3.2021 (electronic only) |
| 17.3.2021 (electronic only) |
| 18.3.2021 |
| 19.3.2021 |
| 12.5.2021 |
| 1.7.2021 (electronic only) |
| 22.7.2021 |
| 18.8.2021 |
| 30.8.2021 |
| 23.9.2021 |
| 16.12.2021 |
| 16.6.2022 |
| 29.9.2022 |
| 24.11.2022 |
| 15.12.2022 |
| 15.2.2023 |
| 26.5.2023 |
| 16.8.2023 |
| 31.8.2023 |
| 14.9.2023 |
| 16.11.2023 |
| 30.11.2023 |
| 22.2.2024 |
| 14.3.2024 |
0
0
0