{"id":"planning-development-and-infrastructure-act-2016","name":"Planning Development and Infrastructure Act 2016","slug":"planning-development-and-infrastructure-act-2016","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":16522,"registerId":"sa-planning-development-and-infrastructure-act-2016-current","compilationNumber":null,"startDate":"2026-03-31","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Objects, planning principles and general responsibilities","content":"Part 2—Objects, planning principles and general responsibilities\n","sortOrder":0},{"sectionNumber":"Div 1","sectionType":"division","heading":"Objects and planning principles","content":"Division 1—Objects and planning principles\n12—Objects of Act\n\t(1)\tThe primary object of this Act is to support and enhance the State's liveability and prosperity in ways that are ecologically sustainable and meet the needs and expectations, and reflect the diversity, of the State's communities by creating an effective, efficient and enabling planning system, linked with other laws, that—\n\t(a)\tpromotes and facilitates development, and the integrated delivery and management of infrastructure and public spaces and facilities, consistent with planning principles and policies; and\n\t(b)\tprovides a scheme for community participation in relation to the initiation and development of planning policies and strategies.\n\t(2)\tIn association with the object referred to subsection (1), the scheme established by this Act is intended to—\n\t(a)\tbe based on policies, processes and practices that are designed to be simple and easily understood and that provide consistency in interpretation and application; and\n\t(b)\tenable people who use or interact with the planning system to access planning information, and to undertake processes and transactions, by digital means; and\n\t(ba)\trecognise, protect and promote Aboriginal and Torres Strait Islander knowledge, culture and tradition; and\n\t(c)\tpromote certainty for people and bodies proposing to undertake development while at the same time providing scope for innovation; and\n\t(d)\tpromote high standards for the built environment through an emphasis on design quality in policies, processes and practices, including by providing for policies and principles that support or promote universal design for the benefit of people with differing needs and capabilities; and\n\t(e)\tpromote safe and efficient construction through cost‑effective technical requirements that form part of a national scheme of construction rules and product accreditation; and\n\t(f)\tprovide financial mechanisms, incentives and value‑capture schemes that support development and that can be used to capitalise on investment opportunities; and\n\t(g)\tpromote cooperation, collaboration and policy integration between and among State government agencies and local government bodies.\n13—Promotion of objects\nA person or body involved in the administration of this Act must have regard to, and seek to further, the objects established by this section.\n14—Principles of good planning\nIn seeking to further the objects of this Act, regard should be given to the following principles that relate to the planning system established by this Act (insofar as may be reasonably practicable and relevant in the circumstances):\n\t(a)\tlong‑term focus principles as follows:\n\t(i)\tpolicy frameworks should be based around long‑term priorities, be ecologically sound, and seek to promote equity between present and future generations;\n\t(ii)\tpolicy frameworks should be able to respond to emerging challenges and cumulative impacts identified by monitoring, benchmarking and evaluation programs;\n\t(b)\turban renewal principles as follows:\n\t(i)\tpreference should be given to accommodating expected future growth of cities and towns through the logical consolidation and redevelopment of existing urban areas;\n\t(ii)\tthe encroachment of urban areas on areas of rural, landscape or environmental significance is to be avoided other than in exceptional circumstances;\n\t(iii)\turban renewal should seek to make the best use (as appropriate) of underlying or latent potential associated with land, buildings and infrastructure;\n\t(c)\thigh‑quality design principles as follows:\n\t(i)\tdevelopment should be designed to reflect local setting and context, to have a distinctive identity that responds to the existing character of its locality, and to strike a balance between built form, infrastructure and public realm;\n\t(ii)\tbuilt form should be durable, designed to be adaptive (including in relation to the reuse of buildings or parts of buildings) and compatible with relevant public realm;\n\t(iii)\tpublic realm should be designed to be used, accessible, and appropriately landscaped and vegetated;\n\t(iv)\tbuilt form and the public realm should be designed to be inclusive and accessible to people with differing needs and capabilities (including through the serious consideration of universal design practices);\n\t(v)\tcities and towns should be planned and designed to be well‑connected in ways that facilitate the safe, secure and effective movement of people within and through them;\n\t(d)\tactivation and liveability principles as follows:\n\t(i)\tplanning and design should promote mixed use neighbourhoods and buildings that support diverse economic and social activities;\n\t(ii)\turban areas should include a range of high quality housing options with an emphasis on living affordability;\n\t(iii)\tneighbourhoods and regions should be planned, designed and developed to support active and healthy lifestyles and to cater for a diverse range of cultural and social activities;\n\t(e)\tsustainability principles as follows:\n\t(i)\tcities and towns should be planned, designed and developed to be sustainable;\n\t(ii)\tparticular effort should be focussed on achieving energy efficient urban environments that address the implications of climate change;\n\t(iii)\tpolicies and practices should promote sustainable resource use, reuse and renewal and minimise the impact of human activities on natural systems that support life and biodiversity;\n\t(f)\tinvestment facilitation principles as follows:\n\t(i)\tplanning and design should be undertaken with a view to strengthening the economic prosperity of the State and facilitating proposals that foster employment growth;\n\t(ii)\tthe achievement of good planning outcomes should be facilitated by coordinated approaches that promote public and private investment towards common goals;\n\t(g)\tintegrated delivery principles as follows:\n\t(i)\tpolicies, including those arising outside the planning system, should be coordinated to ensure the efficient and effective achievement of planning outcomes;\n\t(ii)\tplanning, design and development should promote integrated transport connections and ensure equitable access to services and amenities;\n\t(iii)\tany upgrade of, or improvement to, infrastructure or public spaces or facilities should be coordinated with related development.\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"General duties and coordination of activities","content":"Division 2—General duties and coordination of activities\n15—General duties\n\t(1)\tIt is expected that a person or body that—\n\t(a)\tseeks to obtain an authorisation under this Act; or\n\t(b)\tperforms, exercises or discharges a function, power or duty under this Act; or\n\t(c)\ttakes the benefit of this Act or is otherwise involved in a process provided by this Act,\nwill—\n\t(d)\tact in a cooperative and constructive way; and\n\t(e)\tbe honest and open in interacting with other entities under this Act; and\n\t(f)\tbe prepared to find reasonable solutions to issues that affect other interested parties or third parties.\n\t(2)\tWithout limiting subsection (1), a person or body performing, exercising or discharging a function, power or duty under this Act must—\n\t(a)\texercise professional care and diligence; and\n\t(b)\tact honestly and in an impartial manner; and\n\t(c)\tbe responsible and accountable in its conduct; and\n\t(d)\tcomply with any code of conduct, service benchmark or other requirement that applies in relation to the person or body.\n\t(3)\tThe Minister may, after taking into account the advice of the Commission, establish and maintain service benchmarks for the purposes of this section.\n\t(4)\tThe principles and benchmarks under this section—\n\t(a)\tdo not give rise to substantive rights or liabilities; but\n\t(b)\tmay lead to action being taken on account of a breach of a code of conduct or professional standard that applies in relation to a relevant person or body.\n16—Responsibility to coordinate activities\n\t(1)\tIt is expected that any State or local government body or agency will, in the performance, exercise or discharge of a function, power or duty (including in a case arising under another Act), insofar as may be appropriate and relevant in the circumstances, seek to develop and implement policies that are consistent with the schemes established by this Act and will cooperate with any person or body involved in the administration of this Act.\n\t(2)\tThe Commission may, as it thinks fit, furnish to the Minister a report on any failure by a body or agency to comply with the requirements of subsection (1).\nPart 3—Administration\nDivision 1—State Planning Commission\nSubdivision 1—Establishment and constitution of Commission\n17—Establishment of Commission\n\t(1)\tThe State Planning Commission is established.\n\t(2)\tThe Commission is a body corporate.\n\t(3)\tThe Commission is an instrumentality of the Crown.\n\t(4)\tThe Commission is subject to the general control and direction of the Minister.\n\t(5)\tHowever, the Minister may not give a direction where—\n\t(a)\tthe Commission is making or required to make a recommendation; or\n\t(b)\tthe Commission is providing or required to provide advice to the Minister; or\n\t(c)\tthe Commission is required to give effect to an order of a court; or\n\t(d)\tthe Commission has a discretion in relation to the granting of a development authorisation.\n\t(6)\tThe Commission must, in the performance of its functions, take into account—\n\t(a)\ta particular government policy; or\n\t(b)\ta particular principle or matter,\nspecified by the Minister (subject to any relevant principle of law).\n18—Constitution of Commission\n\t(1)\tSubject to this section, the Commission consists of—\n\t(a)\tat least 4 and not more than 6 persons appointed by the Governor on the nomination of the Minister; and\n\t(b)\ta public sector employee (other than the Chief Executive) who is responsible, under a Minister, for assisting in the administration of this Act, designated by the Minister by notice in the Gazette (ex officio).\n\t(2)\tThe Minister must, when nominating persons for appointment as members of the Commission, seek to ensure that, as far as is practicable, the members of the Commission collectively have qualifications, knowledge, expertise and experience in the following areas:\n\t(a)\teconomics, commerce or finance;\n\t(b)\tplanning, urban design or architecture;\n\t(c)\tdevelopment or building construction;\n\t(d)\tthe provision of or management of infrastructure or transport systems;\n\t(e)\tsocial or environmental policy or science;\n\t(f)\tlocal government, public administration or law.\n\t(3)\tIn making a nomination that is relevant to the operation of subsection (2)(f) insofar as it relates to local government, the Minister must take reasonable steps to consult with the LGA before the nomination is made.\n\t(4)\tThe Minister will appoint 1 member of the Commission to chair the meetings of the Commission.\n\t(5)\tThe Governor may, on the recommendation of the Minister, appoint a suitable person to be a deputy of an appointed member of the Commission and to act as a member of the Commission during any period of absence of the appointed member.\n19—Special provision relating to constitution of Commission\n\t(1)\tThe Commission may appoint 1 or 2 persons to act as additional members of the Commission for the purposes of dealing with any matter arising under this Act.\n\t(2)\tThe following provisions apply in connection with subsection (1):\n\t(a)\ta person appointed under that subsection must be selected from a list of persons established by the Minister for the purposes of that subsection;\n\t(b)\tthe Minister should, in establishing the list under paragraph (a), seek to obtain a wide range of expertise relevant to the classes of matters that might (in the opinion of the Minister after consultation with the Commission) be suited to being assessed by the Commission as constituted after an appointment or appointments have been made under that subsection;\n\t(c)\ta person will be appointed to, and remain on, the list under paragraph (a) on terms and conditions determined by the Minister and, at the expiration of a term of appointment, is eligible for reappointment;\n\t(d)\tthe Commission must make an appointment or appointments under that subsection in a prescribed case;\n\t(e)\ta person appointed under that subsection is not to be considered to be an appointed member of the Commission under the other sections of this Subdivision.\n20—Conditions of membership\n\t(1)\tAn appointed member of the Commission is appointed on conditions determined by the Governor on the recommendation of the Minister and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.\n\t(2)\tThe Governor may, on the recommendation of the Minister, remove an appointed member of the Commission from office—\n\t(a)\tfor breach of, or non‑compliance with, a condition of appointment; or\n\t(b)\tfor misconduct; or\n\t(c)\tfor failure or incapacity to carry out official duties satisfactorily.\n\t(3)\tThe office of an appointed member of the Commission becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis convicted of an indictable offence or is sentenced to imprisonment for an offence; or\n\t(e)\tbecomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or\n\t(f)\tis removed from office under subsection (2).\n21—Allowances and expenses\nAn appointed member of the Commission is entitled to fees, allowances and expenses determined by the Governor on the recommendation of the Minister.\n","sortOrder":2},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Functions and powers","content":"Subdivision 2—Functions and powers\n22—Functions\n\t(1)\tThe Commission has the following functions:\n\t(a)\tto act as the State's principal planning advisory and development assessment body;\n\t(b)\tto support the Minister in the administration of this Act and, in so doing, to provide advice, and make recommendations, to the Minister on the administration of this Act and with respect to the effect of any other legislation that is relevant to the operation of this Act;\n\t(c)\tat the request of the Minister, to provide a report on any specified matter;\n\t(d)\tto work with—\n\t(i)\tthe other entities involved in the administration of this Act; and\n\t(ii)\tother entities that perform functions or exercise powers under any other Act that is relevant to the operation of this Act or to furthering the objects of this Act; and\n\t(iii)\tother entities (both within the public and private sectors) that have a significant role with respect to planning, development or infrastructure provision within the State;\n\t(e)\tto conduct inquiries with respect to any matter—\n\t(i)\treferred to the Commission by the Minister under this paragraph; or\n\t(ii)\tdetermined by the Commission under this paragraph with the approval of the Minister; and\n\t(f)\tto assist the Minister by working with the Chief Executive—\n\t(i)\tin connection with the implementation of planning policies developed under this Act; and\n\t(ii)\tin considering and providing advice with respect to funding programs that are relevant to planning or development within the State; and\n\t(iii)\tin working with government agencies and councils, including by providing information, guidance material and training in connection with the operation of this Act; and\n\t(iv)\tin undertaking or publishing research, or analysing or monitoring trends, with respect to planning and development within the State;\n\t(g)\tsuch other functions assigned to the Commission by the Minister or by or under this or any other Act.\n\t(2)\tWithout limiting subsection (1), the Commission has a role that includes providing advice with respect to any of the following matters:\n\t(a)\tinitiatives that are consistent with or promote principles that relate to the planning system established by this Act;\n\t(b)\tthe regulatory controls, standards or rules that apply, or should apply, with respect to development;\n\t(c)\tthe making, amendment or repeal of instruments under this Act;\n\t(d)\tthe performance of entities acting under this Act;\n\t(e)\tother matters or issues that are relevant to the operation of this Act.\n\t(3)\tThe Commission may, in relation to providing advice under this Act, act on its own initiative or on request.\n\t(4)\tIf an inquiry is conducted by the Commission under subsection (1)(e)—\n\t(a)\tthe Commission may, for the purposes of the inquiry—\n\t(i)\tcall for or receive submissions or representations; and\n\t(ii)\trequest any person to provide information or materials to the Commission; and\n\t(iii)\totherwise collect information or materials or inform itself as the Commission thinks fit; and\n\t(b)\tthe Commission may, if it thinks fit, receive or retain any information or materials provided to it on a confidential basis; and\n\t(c)\tthe Commission must, at the conclusion of the inquiry, furnish a report to the Minister about—\n\t(i)\tthe matters addressed by the inquiry; and\n\t(ii)\tthe outcomes of the inquiry; and\n\t(iii)\tany other relevant matter (including any advice or recommendations of the Commission).\n\t(5)\tAn agency or instrumentality of the Crown must, at the request of the Commission and insofar as is appropriate—\n\t(a)\ttake steps to cooperate with the Commission in connection with the performance of its functions; and\n\t(b)\tprovide information that will assist the Commission in the performance of its functions.\n\t(6)\tWithout limiting subsection (5), an agency or instrumentality of the Crown must, at the direction of the Minister—\n\t(a)\tparticipate in any committee established by the Commission in connection with the operation of the planning system under this Act or development within the State; and\n\t(b)\tcomply with any requirement specified by the Minister in order to resolve any issue associated with the formulation or implementation of a planning policy under this Act.\n\t(7)\tThe Minister may only act under subsection (6) after taking into account the advice of the Commission in relation to the matter.\n\t(8)\tA direction under subsection (6) is not binding on an agency or instrumentality of the Crown to the extent (if any) to which—\n\t(a)\tit would impede or affect the performance of a quasi‑judicial or statutorily independent function of the entity; or\n\t(b)\tit is inconsistent with a direction or determination of another Minister under another Act.\n23—Powers\nThe Commission has all the powers of a natural person together with the powers conferred on the Commission by or under this or any other Act and may do anything necessary or convenient to be done in the performance of its functions.\n24—Minister to be kept informed\nThe Commission must keep the Minister reasonably informed about its activities.\n25—Minister to have access to information\n\t(1)\tThe Minister is entitled—\n\t(a)\tto require the Commission to collect or retain specified information; and\n\t(b)\tto have information in the possession of the Commission; and\n\t(c)\tif the information is in or on a document, to have, and make and retain copies of, that document.\n\t(2)\tThe Minister may, in connection with the operation of subsection (1)—\n\t(a)\trequest the Commission to furnish information to the Minister; and\n\t(b)\trequest the Commission to give the Minister access to information; and\n\t(c)\tfor the purposes of paragraph (b), make use of the staff of the Commission to obtain the information and furnish it to the Minister.\n\t(3)\tHowever, the Minister is not entitled to obtain under this section information that the Commission considers should be treated for any reason as confidential so long as the Commission does not adversely affect the proper performance of ministerial functions or duties.\n","sortOrder":3},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Related matters","content":"Subdivision 3—Related matters\n26—Validity of acts\nAn act or proceeding of the Commission is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n27—Proceedings\n\t(1)\tA quorum at a meeting of the Commission consists of a number ascertained by dividing the total number of members by half, ignoring any fraction resulting from the division, and adding 1 (and no business may be transacted at a meeting of the Commission unless a quorum is present).\n\t(2)\tA decision carried by a majority of the votes cast by members at a meeting is a decision of the Commission.\n\t(3)\tEach member present at a meeting of the Commission is entitled to 1 vote on any matter arising for decision and, if the votes are equal, the member presiding at the meeting is entitled to a second or casting vote.\n\t(4)\tA conference between members constituting a quorum by telephone or audio‑visual means is a valid meeting of the Commission if—\n\t(a)\ta notice of the conference is given to all members in the manner determined by the Commission for that purpose; and\n\t(b)\tthe system of communication allows a participating member to communicate with any other participating member during the conference.\n\t(5)\tA resolution of the Commission—\n\t(a)\tof which prior notice was given to members in accordance with procedures determined by the Commission; and\n\t(b)\tin which at least the majority of members of the Commission expressed their concurrence in writing or by electronic communication,\nwill be taken to be a decision of the Commission made at a meeting of the Commission.\n\t(6)\tA member of the Commission who has a direct or indirect personal or pecuniary interest in a matter before the Commission (other than an indirect interest that exists in common with a substantial class of persons)—\n\t(a)\tmust, as soon as he or she becomes aware of his or her interest, disclose the nature and extent of the interest to the Commission; and\n\t(b)\tmust not take part in any hearings conducted by the Commission, or in any deliberations or decision of the Commission, on the matter and must be absent from the meeting when any deliberations are taking place or decision is being made.\n\t(7)\tWithout limiting the effect of subsection (6), a member of the Commission will be taken to have an interest in a matter for the purposes of that subsection if an associate of the member has an interest in the matter.\n\t(8)\tThe Commission must have accurate minutes kept of its proceedings.\n\t(9)\tSubject to this Act, the Commission may determine its own procedures.\n28—Disclosure of financial interests\n\t(1)\tA member of the Commission must disclose his or her financial interests in accordance with Schedule 1.\n\t(2)\tA member of a committee established by the Commission under section 29 must disclose their financial interests in accordance with Schedule 1.\n29—Committees\n\t(1)\tThe Commission—\n\t(a)\tmust establish 1 or more committees in connection with its functions and powers as a relevant authority under this Act (to be known as Commission assessment panels); and\n\t(b)\tmust establish such other committees as may be required—\n\t(i)\tby the regulations; or\n\t(ii)\tby the Minister; and\n\t(c)\tmay, with the approval of the Minister, establish other committees,\nto advise the Commission on any aspect of its functions, or to assist the Commission or to act on behalf of the Commission in the performance of its functions or the exercise of its powers.\n\t(2)\tA committee may, but need not, consist of or include members of the Commission.\n\t(3)\tThe procedures to be observed in relation to the conduct of business of a committee will be—\n\t(a)\tas determined by the Commission; or\n\t(b)\tinsofar as the procedure is not determined by the Commission—as determined by the relevant committee.\n30—Delegations\n\t(1)\tThe Commission may delegate any of its functions or powers.\n\t(d)\tis revocable at will and does not derogate from the power of the Commission to act in any matter.\n\t(3)\tIn addition, the Commission must delegate its functions and powers as a relevant authority with respect to determining whether or not to grant planning consent under this Act to—\n\t(a)\ta Commission assessment panel established under section 29(1)(a); or\n\t(b)\tan assessment panel appointed or constituted under section 82; or\n\t(c)\ta person for the time being occupying a particular office or position.\n\t(4)\tThe Commission may, in connection with the operation of subsection (3)—\n\t(a)\tmake a series of delegations according to classes of development; and\n\t(b)\tvary any delegation from time to time.\n\t(5)\tA function or power delegated under subsection (3) may be further delegated (and any such further delegation may be made subject to conditions or limitations, is revocable at will, and does not derogate from the power of the delegator under this subsection to act in any matter).\n31—Staff and facilities\n\t(1)\tThere will be such staff to assist the Commission as the Minister may approve.\n\t(2)\tThe staff of the Commission will be public service employees.\n\t(3)\tIn addition, the Commission may—\n\t(a)\tby arrangement with the appropriate authority, make use of the services, facilities or staff of any government department, agency or instrumentality; or\n\t(b)\twith the approval of the Minister—\n\t(i)\tmake use of the services, facilities or staff of any other entity; and\n\t(ii)\tengage any person to perform specific work on terms and conditions determined by the Commission.\n32—Annual report\n\t(1)\tThe Commission must, on or before 30 September in every year, forward to the Minister a report on the Commission's operations for the preceding financial year.\n\t(2)\tThe report must contain any information required by the regulations.\n\t(3)\tThe Minister must, within 6 sitting days after receiving a report under this section, cause copies of the report to be laid before both Houses of Parliament.\nDivision 2—Chief Executive\n33—Functions\n\t(1)\tThe Chief Executive's functions in connection with the administration of this Act include the following:\n\t(a)\tto work with the Commission in the performance of its functions; and\n\t(b)\tto be responsible to the Commission for managing the Commission's business efficiently and effectively;\n\t(c)\tto be responsible for supervising any staff appointed to assist the Commission.\n\t(2)\tThe Chief Executive has such other functions assigned to the Chief Executive by the Commission or by or under this or any other Act.\n34—Delegation\n\t(1)\tThe Chief Executive may delegate any of the Chief Executive's functions or powers under this Act.\n\t(d)\tis revocable at will and does not derogate from the power of the Chief Executive to act in any matter.\n","sortOrder":4},{"sectionNumber":"Div 3","sectionType":"division","heading":"Joint planning arrangements","content":"Division 3—Joint planning arrangements\n","sortOrder":5},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Planning agreements","content":"Subdivision 1—Planning agreements\n35—Planning agreements\n\t(1)\tSubject to this section, the Minister may, after seeking or receiving the advice of the Commission, enter into an agreement (a planning agreement), relating to a specified area of the State, with any of the following entities:\n\t(a)\tany council that has its area, or part of its area, within the specified area of the State;\n\t(b)\tany other Minister who has requested to be a party to the agreement;\n\t(c)\tif the Minister thinks fit, any other entity (whether or not an agency or instrumentality of the Crown) that has requested or agreed to be a party to the agreement.\n\t(2)\tIf a proposed planning agreement will include any part of the area of a council, the Minister must (unless the proposal has been initiated by the council) ensure that the council is specifically invited to be a party to the agreement (on reasonable terms and conditions) under subsection (1)(a).\n\t(3)\tA planning agreement must include provisions that outline the purposes of the agreement and the outcomes that the agreement is intended to achieve and may provide for—\n\t(a)\tthe setting of objectives, priorities and targets for the area covered by the agreement; and\n\t(b)\tthe constitution of a joint planning board including, in relation to such a board—\n\t(i)\tthe membership of the board, being between 3 and 7 members (inclusive); and\n\t(ii)\tsubject to subsection (4), the criteria for membership; and\n\t(iii)\tthe procedures to be followed with respect to the appointment of members; and\n\t(iv)\tthe terms of office of members; and\n\t(v)\tconditions of appointment of members, or the method by which those conditions will be determined, and the grounds on which, and the procedures by which, a member may be removed from office; and\n\t(vi)\tthe appointment of deputy members; and\n\t(vii)\tthe procedures of the board; and\n\t(c)\tthe delegation of functions and powers to the joint planning board (including, if appropriate, functions or powers under another Act); and\n\t(d)\tthe staffing and other support issues associated with the operations of the joint planning board; and\n\t(e)\tfinancial and resource issues associated with the operations of the joint planning board, including—\n\t(i)\tthe formulation and implementation of budgets; and\n\t(ii)\tthe proportions in which the parties to the agreement will be responsible for costs and other liabilities associated with the activities of the board; and\n\t(f)\tsuch other matters as the parties to the agreement think fit.\n\t(4)\tThe criteria for membership of a joint planning board must be consistent with any requirement of the Minister that is intended to ensure that the members of the joint planning board collectively have qualifications, knowledge, expertise and experience necessary to enable the board to carry out its functions effectively.\n\t(5)\tA planning agreement—\n\t(a)\texpires at the end of 10 years from the date of the agreement and may, when it expires, be replaced by a new agreement (in the same or different terms); and\n\t(b)\tmay be varied by agreement between the parties to the agreement or may be terminated—\n\t(i)\tby agreement between the parties to the agreement; or\n\t(ii)\tby the Minister—\n\t(A)\ton the ground that the Minister considers that there has been a serious contravention or failure on the part of the joint planning board to comply with a provision of this or any other Act, or a serious failure on the part of the joint planning board to discharge a responsibility under this or any other Act; or\n\t(B)\ton the ground that the Minister considers that a serious irregularity has occurred in the conduct of the affairs of the joint planning board or that the joint planning board is not functioning effectively or acting appropriately; or\n\t(C)\ton any ground prescribed by the regulations.\n\t(6)\tHowever, the Minister should only agree to the termination of an agreement under subsection (5)(b)(i) if the Minister is satisfied that it is in the public interest to do so.\n\t(7)\tThe regulations may—\n\t(a)\tmake provision for the form of planning agreements; and\n\t(b)\tmake provision in relation to the termination of planning agreements (including for the transfer to other entities of matters being dealt with by a joint planning board (or an assessment panel appointed by a joint planning board) at the time of a termination); and\n\t(c)\tmake such other such provision as the Governor thinks fit in relation to planning agreements.\n\t(8)\tThe Chief Executive must—\n\t(a)\tmaintain a register of planning agreements in force under this Division; and\n\t(b)\tpublish the register on the SA planning portal.\n\t(9)\tThe Minister must, within 6 sitting days after a planning agreement is entered into or varied under this section, cause copies of the agreement or variation (as the case may be) to be laid before both Houses of Parliament.\nSubdivision 2—Joint planning boards\n36—Joint planning boards\n\t(1)\tThe Minister must, in connection with the commencement of a planning agreement, by notice published in the Gazette, establish a joint planning board in accordance with the terms of the agreement.\n\t(2)\tA joint planning board—\n\t(a)\tis a body corporate; and\n\t(b)\thas the name assigned to it under the relevant planning agreement; and\n\t(c)\tis constituted in accordance with the terms of the relevant planning agreement; and\n\t(d)\thas the functions and powers assigned to it under this or any other Act or conferred under the terms of the relevant planning agreement; and\n\t(e)\tmust prepare and furnish annual reports in accordance with requirements prescribed by the regulations.\n\t(3)\tThe Minister may, by further notice published in the Gazette, abolish a joint planning board if the relevant planning agreement is terminated.\n37—Disclosure of financial interests\nA member of a joint planning board who is not a member of a council must disclose his or her financial interests in accordance with Schedule 1.\n38—Committees\n\t(1)\tA joint planning board may establish such committees as the board thinks fit to advise the board on any aspect of its functions, or to assist the board in the performance of its functions or the exercise of its powers.\n\t(2)\tA joint planning board must establish a committee designated by the relevant planning agreement if the planning agreement so requires.\n\t(3)\tA committee may, but need not, consist of or include members of the joint planning board.\n\t(4)\tThe procedures to be observed in relation to the conduct of business of a committee will be—\n\t(a)\tas determined by the joint planning board; or\n\t(b)\tinsofar as the procedure is not determined by the joint planning board—as determined by the relevant committee.\n39—Subsidiaries\n\t(1)\tA joint planning board may establish a subsidiary—\n\t(a)\tto carry out a specified activity or activities; or\n\t(b)\tto perform a function or to exercise a power of the board under this Act; or\n\t(c)\tto hold or administer any land, facility or assets.\n\t(2)\tThe establishment of a subsidiary under this section is subject to obtaining the approval of the Minister to the conferral of corporate status under this Act.\n\t(3)\tThe establishment of a subsidiary does not derogate from the power of the joint planning board to act in any matter.\n\t(4)\tSchedule 2 contains other provisions that are relevant to a subsidiary established under this section.\n40—Delegations\n\t(1)\tA joint planning board may delegate any of its functions or powers.\n\t(b)\tmust in prescribed circumstances be made to a committee of the board established in accordance with the requirements of the regulations; and\n\t(c)\tmay be made subject to conditions or limitations specified in the instrument of delegation; and\n\t(d)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(e)\tis revocable at will and does not derogate from the power of the board to act in any matter.\nSubdivision 3—Appointment of administrator\n41—Appointment of administrator\n\t(1)\tThe Minister may appoint an administrator of a joint planning board if—\n\t(a)\tthe Minister considers that the board is not operating effectively or appropriately and that steps should be taken under this section until the matter can be resolved; or\n\t(b)\tthe Minister has determined that the relevant planning agreement should be terminated and considers that steps should be taken to appoint an administrator under this section until the operations of the board can be wound up; or\n\t(c)\tthe Minister considers that taking action under this section is appropriate on any other reasonable ground.\n\t(2)\tBefore appointing an administrator under this section, the Minister must—\n\t(a)\tconsult with the other parties to the relevant planning agreement; and\n\t(b)\tseek the advice of the Commission.\n\t(3)\tAn administrator has, while the appointment remains in force, full and exclusive power to perform the functions and exercise the powers of the joint planning board.\n\t(4)\tThe remuneration of the administrator will be fixed by the Minister and is payable from the joint planning board's funds.\n\t(5)\tThe members of the joint planning board are suspended from office while an administrator holds office under this section.\n\t(6)\tThe Minister may revoke an appointment under this section when the Minister considers it appropriate to do so.\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Practice directions and practice guidelines","content":"Division 4—Practice directions and practice guidelines\n42—Practice directions\n\t(1)\tThe Commission may issue practice directions for the purposes of this Act.\n\t(2)\tWithout limiting any other provision that contemplates the issuing of a practice direction, a practice direction may specify substantive or procedural requirements or steps in connection with any matter arising under this Act.\n\t(3)\tWithout limiting subsections (1) and (2), the Commission must, by practice direction to be applied under this Act, establish a scheme with a view to ensuring that planning assessment or controls undertaken or established under this Act (including through the imposition of conditions under this Act) do not conflict with or duplicate matters that may be dealt with or addressed under a licensing or other regulatory regime under another Act.\n\t(4)\tA practice direction—\n\t(a)\tmust be—\n\t(ii)\tpublished on the SA planning portal; and\n\t(b)\tmay be varied or revoked by the Commission from time to time by a further instrument—\n\t(ii)\tpublished on the SA planning portal.\n\t(5)\tA practice direction does not give rise to—\n\t(a)\tany liability of, or other claim against, the Commission; or\n\t(b)\tany right, expectation, duty or obligation that would not otherwise be available to a person.\n43—Practice guidelines\n\t(1)\tThe Commission may, with the approval of the Minister, make practice guidelines with respect to the interpretation, use or application of—\n\t(a)\tthe Planning Rules; or\n\t(b)\tthe Building Rules.\n\t(2)\tWithout limiting subsection (1), a practice guideline may—\n\t(a)\tmake a declaration as to the effect of a provision of the Planning Rules or a provision of the Building Rules in a particular set of circumstances; and\n\t(b)\tspecify variations that will, in relation to deemed‑to‑satisfy development, constitute minor variations.\n\t(3)\tIf a relevant authority acts in accordance with a practice guideline, the relevant authority will be taken, in the absence of proof to the contrary, to be acting consistently with relevant provision of the Planning Rules or the Building Rules (as the case may be).\n\t(4)\tA practice guideline—\n\t(a)\tmust be—\n\t(ii)\tpublished on the SA planning portal; and\n\t(b)\tmay be varied or revoked by the Commission from time to time by further instrument—\n\t(ii)\tpublished on the SA planning portal.\n\t(5)\tA practice guideline does not give rise to—\n\t(a)\tany liability for, or claim against, the Commission; or\n\t(b)\tany right, expectation, duty or obligation that would not otherwise be available to a person.\n","sortOrder":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"Community engagement and information sharing","content":"Part 4—Community engagement and information sharing\nDivision 1—Community engagement\n44—Community Engagement Charter\n\t(1)\tThere must be a charter to be called the Community Engagement Charter.\n\t(2)\tThe Commission is responsible for establishing and maintaining the charter.\n\t(3)\tThe following principles must be taken into account in relation to the preparation (or amendment) of the charter:\n\t(a)\tmembers of the community should have reasonable, timely, meaningful and ongoing opportunities to gain access to information about proposals to introduce or change planning policies and to participate in relevant planning processes;\n\t(b)\tcommunity engagement should be weighted towards engagement at an early stage and scaled back when dealing with settled or advanced policy;\n\t(c)\tinformation about planning issues should be in plain language, readily accessible and in a form that facilitates community participation;\n\t(d)\tparticipation methods should seek to foster and encourage constructive dialogue, discussion and debate in relation to the development of relevant policies and strategies;\n\t(e)\tparticipation methods should be appropriate having regard to the significance and likely impact of relevant policies and strategies;\n\t(f)\tinsofar as is reasonable, communities should be provided with reasons for decisions associated with the development of planning policy (including how community views have been taken into account).\n\t(4)\tThe charter—\n\t(a)\twill relate to—\n\t(i)\tpublic participation with respect to the preparation or amendment of any statutory instrument where compliance with the charter is contemplated by this Act; and\n\t(ii)\twithout limiting subparagraph (i), any other circumstance where compliance with the charter is contemplated by this Act; and\n\t(b)\tmay relate to any other circumstances determined by the Minister, acting on the advice of the Commission.\n\t(5)\tThe charter may—\n\t(a)\testablish categories of statutory processes to which various parts of the charter will apply; and\n\t(b)\tin relation to each category established under paragraph (a)—\n\t(i)\tspecify mandatory requirements; and\n\t(ii)\tset out principles and performance outcomes that are to apply to the extent that mandatory requirements are not imposed; and\n\t(c)\tin relation to performance outcomes under paragraph (b)(ii)—\n\t(i)\tprovide guidance on specific measures or techniques by which the outcomes may be achieved; and\n\t(ii)\tset out measures to help evaluate whether, and to what degree, the outcomes have been achieved.\n\t(6)\tThe charter must, in relation to any proposal to prepare or amend a designated instrument under Part 5 Division 2 Subdivision 5 that is relevant to 1 or more councils, provide for consultation with—\n\t(a)\tif the proposal is specifically relevant to a particular council or councils—that council or those councils (unless the proposal has been initiated by the council, or those councils); or\n\t(b)\tif the proposal is generally relevant to councils—the LGA.\n\t(7)\tThe charter must comply with any requirements prescribed by the regulations.\n\t(8)\tDespite a preceding subsection, the charter must not relate to the assessment of applications for development authorisations under this Act in addition to the other provisions of this Act that apply in relation to such assessments.\n\t(9)\tAn entity to which the charter applies must—\n\t(a)\tcomply with any mandatory requirement that applies in a relevant case; and\n\t(b)\tto the extent that paragraph (a) does not apply, have regard to, and seek to achieve, any principles or performance outcomes that apply in a relevant case.\n\t(10)\tThe Commission, or an entity acting with the approval of the Commission, may adopt an alternative way to achieving compliance with a requirement of the charter (including a mandatory requirement or a requirement prescribed by the regulations) if the Commission is satisfied that the alternative way is at least effective in achieving public consultation as the requirement under the charter.\n\t(11)\tDespite a preceding subsection, the charter does not give rise to substantive rights or liabilities (and a failure to comply with the charter does not give rise to a right of action or invalidate any decision or process under this Act unless the failure is under a provision that requires compliance with the charter for the purposes of consultation in relation to a particular matter).\n\t(12)\tIf, in the opinion of the Commission, an entity fails to comply with the charter—\n\t(a)\tthe Commission may direct the entity to comply with the charter; and\n\t(b)\tif the direction is not complied with within a period prescribed by the regulations—the Commission may take any action required by its direction and recover the reasonable costs and expenses of so doing as a debt from the entity that failed to comply with the direction.\n45—Preparation and amendment of charter\n\t(1)\tA proposal to prepare or amend the charter may be initiated by the Commission acting on its own initiative or at the request of the Minister.\n\t(2)\tThe Commission must, after a proposal is initiated under subsection (1)—\n\t(a)\tprepare a draft of the proposal; and\n\t(b)\tconsult with—\n\t(i)\tany entity specified by the Minister; and\n\t(ii)\tthe LGA; and\n\t(iii)\tany other entity prescribed by or under the regulations; and\n\t(iv)\tany other entity the Commission thinks fit; and\n\t(c)\tensure that a copy of the proposal is published on the SA planning portal with an invitation for interested persons to make representations (in writing or via the SA planning portal) on the proposal within a period specified by the Commission.\n\t(3)\tThe Commission must, after complying with subsection (2), prepare a report on the matters raised during consultation (including information about any change to the original proposal that the Commission considers should be made) and furnish a copy of the report to the Minister.\n\t(4)\tThe Minister may then—\n\t(a)\tadopt the charter, or the amendment to the charter (as the case may be), as recommended in the report under subsection (3); or\n\t(b)\tmake alterations to what is recommended in the report and then proceed to adopt the charter or the amendment, as altered (as the case may be); or\n\t(c)\tdetermine that the matter should not proceed.\n\t(5)\tThe charter, or an amendment to the charter, adopted under subsection (4)—\n\t(a)\tdoes not have effect until it is published on the SA planning portal; and\n\t(b)\tmay take effect from the date of publication under paragraph (a), or from a later date specified by the Minister.\n\t(6)\tDespite a preceding subsection, the Commission may, by instrument published on the SA planning portal, amend the charter—\n\t(a)\tin order to make a change of form (without altering the effect of an underlying policy reflected in the charter); or\n\t(b)\tin order to take action which, in the opinion of the Commission, is correcting an error.\n\t(7)\tIn addition, the Commission must ensure that the various parts of the charter are reviewed at least once in every 5 years according to a scheme approved by the Minister.\n\t(8)\tThe outcome of a review undertaken to comply with subsection (7) must be embodied in a written report furnished to the Minister.\n\t(9)\tThe Minister must, within 6 sitting days after receiving a report under subsection (8), cause copies of the report to be laid before both Houses of Parliament.\n46—Parliamentary scrutiny\n\t(1)\tThe Minister must, within 28 days after adopting the charter or an amendment to the charter, refer the charter or the amendment (as the case may be) to the ERD Committee.\n\t(2)\tAn instrument referred to the ERD Committee under this section must be accompanied by a report prepared by the Minister that sets out—\n\t(a)\tin the case of an amendment—the reasons for the amendment; and\n\t(b)\tinformation about the consultation that was undertaken in the preparation of the charter or the amendment (as the case may be); and\n\t(c)\tany other material considered relevant by the Minister; and\n\t(d)\tany other information or material prescribed by the regulations.\n\t(3)\tThe ERD Committee must, after receiving an instrument under subsection (1)—\n\t(a)\tresolve that it does not object to the charter or amendment; or\n\t(b)\tresolve to suggest amendments; or\n\t(c)\tresolve to object to the charter or amendment.\n\t(4)\tSubject to subsection (6), if, at the expiration of 28 days from the day on which the charter or an amendment was referred to the ERD Committee, the ERD Committee has not made a resolution under subsection (3), it will be conclusively presumed that the ERD Committee does not object to the charter or the amendment (as the case may be) and does not propose to suggest any amendments.\n\t(5)\tSubject to subsection (6), if the period of 28 days referred to in subsection (4) would, but for this subsection, expire in a particular case between 15 December in 1 year and 15 January in the next year (both days inclusive), the period applying for the purposes of subsection (4) will be extended on the basis that any days falling on or between those 2 dates will not be taken into account for the purposes of calculating the period that applies under subsection (4).\n\t(6)\tIf the period applying under subsection (4), including by virtue of subsection (5), would, but for this subsection, expire in a particular case sometime between the day on which the House of Assembly is dissolved for the purposes of a general election and the day on which the ERD Committee is reconstituted at the beginning of the first session of the new Parliament after that election (both days inclusive), the period will be extended by force of this subsection so as to expire 28 days from the day on which the ERD Committee is so reconstituted.\n\t(7)\tIf an amendment is suggested under subsection (3)—\n\t(a)\tthe Minister may proceed to make such an amendment; or\n\t(b)\tthe Minister may report back to the ERD Committee that the Minister is unwilling to make the amendment suggested by the ERD Committee and, in such a case, the ERD Committee may—\n\t(i)\tin the case that applies under subsection (3)(a)—resolve that it does not object to the charter as originally made, or resolve to object to the charter; and\n\t(ii)\tin the case that applies under subsection (3)(b)—resolve that it does not object to the amendment as originally made, or resolve to object to the amendment.\n\t(8)\tIf the ERD Committee resolves to object to the charter or an amendment, copies of the charter or the amendment (as the case may be) must be laid before both Houses of Parliament.\n\t(9)\tIf either House of Parliament passes a resolution disallowing the charter or an amendment laid before it under subsection (8), then the charter or the amendment (as the case may be) will cease to have effect (and, in the case of an amendment, the charter will, from that time, apply as if it had not been amended by that amendment).\n\t(10)\tA resolution is not effective for the purposes of subsection (9) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the relevant instrument was laid before the House.\n\t(11)\tThe preceding subsections do not apply in a particular case if—\n\t(a)\tthe Minister has consulted with the ERD Committee before the charter, or an amendment to the charter, has been finalised; and\n\t(b)\tthe ERD Committee has resolved, on account of that consultation, that the charter or the amendment (as the case may be) need not be referred to the ERD Committee if or when it has been approved by the Minister.\n47—Publication\nThe Minister must ensure that an up‑to‑date copy of the charter is published on the SA planning portal and available for inspection and downloading without charge.\nDivision 2—Online planning services and information\n48—SA planning website\n\t(1)\tThe Chief Executive is to establish and maintain a website for the purposes of this and any other Act (the SA planning portal).\n\t(2)\tThe SA planning portal—\n\t(a)\tis intended to facilitate the online delivery of services and information and community participation in the planning system in connection with the operation of this Act; and\n\t(b)\tmust include the documents and instruments that are required under this and any other Act to be published on the SA planning portal; and\n\t(c)\tmust include any other information, documents or materials specified by the Commission; and\n\t(d)\tmust include any other information, documents or materials that are required to be published on the SA planning portal by regulations under this or any other Act; and\n\t(e)\tmay include such other information, documents or materials as the Chief Executive thinks fit.\n\t(3)\tThe SA planning portal is to maintain (insofar as is reasonably practicable) historical as well as current versions of documents, instruments or materials required to be published on the SA planning portal.\n\t(4)\tThe SA planning portal must also include a facility that allows members of the community to make submissions and provide feedback in relation to matters that are subject to notification or consultation under this Act (subject to complying with or observing any rules, requirements, restrictions or exclusions determined by the Chief Executive for the purposes of this subsection).\n\t(5)\tThe SA planning portal must also include a facility that allows members of the public to be notified directly about specified classes of matters or issues that are of interest to them (subject to any rules, requirements, restrictions or exclusions determined by the Chief Executive for the purposes of this subsection and subject to any determination of the Chief Executive as to the cost, practicality and viability of providing such a service).\n49—Planning database\n\t(1)\tThe Chief Executive is to establish and maintain an electronic database (the SA planning database) that produces, by gaining access to—\n\t(a)\tthe state planning policies; and\n\t(b)\tthe Planning Rules; and\n\t(c)\tany relevant land management agreements; and\n\t(d)\tother instruments and documents as the Chief Executive thinks fit,\ntextual and spatial information that identifies the planning policies, rules and information that apply to specific places within the State under this Act.\n\t(2)\tThe SA planning database must be accessible on the SA planning portal.\n50—Online atlas and search facilities\n\t(1)\tThe Chief Executive must establish and maintain, as part of the SA planning portal and in connection with the SA planning database, an online atlas and search facility that allows a person to search across the website and the database.\n\t(2)\tWithout limiting subsection (1) or any other provision of this Act, the online atlas must include—\n\t(a)\ta council‑based zoning map or set of maps; and\n\t(b)\tany other mapping product required by the Commission.\n51—Standards and specifications\n\t(1)\tThe Commission may prepare and publish standards and specifications that are to apply to or in relation to—\n\t(a)\tthe SA planning portal; and\n\t(b)\tthe SA planning database; and\n\t(c)\tthe online atlas and search facility.\n\t(2)\tA standard or specification under subsection (1) may include—\n\t(a)\ttechnical requirements for any document, instrument or material that is to be included on the SA planning portal or in connection with the SA planning database; and\n\t(b)\trequirements as to electronic files, including as to their formats; and\n\t(c)\trequirements as to the provision and certification of any document, instrument or material, or as to any matter; and\n\t(d)\trequirements as to the accessibility of the SA planning portal or the SA planning database; and\n\t(e)\trequirements as to the recording, management, preservation, storage, archiving and (if appropriate) disposal of any document, instrument or material; and\n\t(f)\tother matters determined by the Commission.\n\t(3)\tSubject to complying with any standard or specification under subsection (2), the SA planning portal and SA planning database may be maintained (and the SA planning database compiled) as determined by the Chief Executive.\n\t(4)\tIn addition to subsection (3), the Chief Executive may—\n\t(a)\tgrant authorisations to a person, or persons of a specified class, to deposit or amend a document, instrument or other materials on the SA planning portal, subject to such conditions or limitations as the Chief Executive thinks fit; and\n\t(b)\tspecify requirements, protocols and guidelines that will apply in relation to the administration of the SA planning portal.\n\t(5)\tA person must not breach, or fail to comply with, a condition under subsection (4)(a).\n\t(6)\tThe State Records Act 1997 does not apply to or in relation to a record (within the meaning of that Act) that is received, created or held under this Division.\n52—Certification and verification of information\n\t(1)\tA version of a statutory instrument published on the SA planning portal and certified in accordance with any requirements prescribed by the regulations by the Chief Executive (including a consolidation of a statutory instrument as at a particular day) will be presumed, in the absence of proof to the contrary, to be a complete and accurate record of the statutory instrument (or the statutory instrument as amended or consolidated) and in force on the relevant day specified on the SA planning portal (and so may be relied on for the purposes of this Act).\n\t(2)\tAny information produced on the SA planning database as to the application of planning policies, rules and information to a specified place within the State will be presumed, in the absence of proof to the contrary, to be accurate and correct (and so may be relied on for the purposes of this Act).\n53—Online delivery of planning services\nThe regulations may make provision for or with respect to the online delivery of planning and assessment services and information in relation to such things as—\n\t(a)\tthe lodging of applications, documents and information under this Act; and\n\t(b)\tthe assessment of categories of development; and\n\t(c)\tthe issuing or registration of development authorisations; and\n\t(d)\tthe provision or publication of information.\n54—Protected information\n\t(1)\tDespite a preceding section of this Division, the Minister may, by notice published in the Gazette and on the SA planning portal, issue a direction with respect to prohibiting, restricting or limiting access to any document, instrument or material on the SA planning portal on the ground of—\n\t(a)\tconfidentiality or privacy; or\n\t(b)\tcommercial value or sensitivity; or\n\t(c)\tsafety or security (including the security, or future security, of a building); or\n\t(d)\tany other matter prescribed by the regulations.\n\t(2)\tA direction under subsection (1) may provide access subject to conditions specified by the direction.\n\t(3)\tA person must not breach, or fail to comply with, a direction under subsection (1) or a condition under subsection (2).\n\t(4)\tThe Minister may, by subsequent notice published in the Gazette, vary or revoke a notice under this section.\n55—Freedom of information\nThe Freedom of Information Act 1991 does not apply to or in relation to a document (within the meaning of that Act) that is received, created or held under this Division.\n56—Fees and charges\n\t(1)\tThe Chief Executive may, with the approval of the Minister, impose fees and charges with respect to gaining access to, or obtaining, information or material held under this Division.\n\t(2)\tThe Chief Executive may, with the approval of the Minister, require a council to make a contribution, on a periodic or other basis, towards the costs of establishing or maintaining—\n\t(a)\tthe SA planning portal; and\n\t(b)\tthe SA planning database; and\n\t(c)\tany online atlas and search facility under this Division.\n\t(3)\tAny fee, charge or contribution under subsection (1) or (2) may be—\n\t(a)\tset on a differential basis; and\n\t(b)\tvaried from time to time by the Chief Executive with the approval of the Minister.\n\t(4)\tThe Chief Executive must take reasonable steps to consult with the LGA before setting or varying a contribution to be paid by a council under subsection (2).\n\t(5)\tIf a council fails to comply with a requirement under subsection (2), the contribution payable by the council will be recoverable by the Chief Executive as a debt.\n\t(6)\tNothing in this section limits or derogates from the power to set or impose a fee or charge by regulation under this Act (and vice versa).\n","sortOrder":8},{"sectionNumber":"Part 5","sectionType":"part","heading":"Statutory instruments","content":"Part 5—Statutory instruments\nDivision 1—Principles\n57—Principles\n\t(1)\tThe following principles must be taken into account with respect to the instruments created under this Part:\n\t(a)\tduplication between instruments, and between the various layers of policies and rules within instruments, is to be avoided;\n\t(b)\trules should be based on clear performance outcomes, may include deemed to satisfy requirements (including requirements that can be met in a variety of ways), and should seek to apply excellence in design practices and techniques;\n\t(c)\trules and standards should be proportionate, suited to relevant conditions, and insofar as is reasonably practicable and appropriate, seek to minimise regulatory burdens;\n\t(d)\trules should aim to achieve consistency while providing for local variations that reflect special or unique character at the local level;\n\t(e)\trules and standards must seek to protect the environment and the pursuit of ecologically sustainable development;\n\t(f)\tany other principles prescribed by the regulations.\n\t(2)\tWithout limiting subsection (1), any rule, standard or other material that is dealt with or that is more suited to consideration under Division 3 should not be included in an instrument under Division 2.\n\t(3)\tIf an inconsistency exists between the Planning Rules and the Building Rules, the Building Rules prevail and the Planning Rules do not apply to the extent of the inconsistency.\n\t(4)\tSubsection (3) does not apply—\n\t(a)\tin relation to a State heritage place or a local heritage place; or\n\t(b)\tin relation to a matter excluded from the operation of that subsection by the regulations; or\n\t(c)\tin any case, so as to negate the need to obtain planning consent for a change in the use of land under the terms of the relevant provisions of the Planning Rules (insofar as may be required under the other provisions of this Act).\nDivision 2—Planning instruments\nSubdivision 1—State planning policies\n58—Preparation of state planning policies\n\t(1)\tThe Commission may prepare state planning policies on behalf of the Minister.\n\t(2)\tThe state planning policies will collectively set out the State's overarching goals or requirements for the planning system (to be given effect through the other instruments under this Division).\n\t(3)\tA state planning policy may—\n\t(a)\tinclude any matter that is relevant to planning or development within the State by setting out or including policies, objectives or principles that are to be applied under the provisions of this Act or the terms of the state planning policy; and\n\t(b)\tinclude any other matter considered appropriate by the Minister; and\n\t(c)\twithout limiting paragraphs (a) and (b), make provision for or with respect to any other matter contemplated by this or any other Act as being the subject of a state planning policy (to such extent, or in such manner, as the Minister thinks fit).\n\t(4)\tA state planning policy is not to be taken into account for the purposes of any assessment or decision with respect to an application for a development authorisation under this Act.\n59—Design quality policy\n\t(1)\tThe Minister must ensure that there is a specific state planning policy (to be called the design quality policy) that specifies design policies and principles that are to be applied in the other instruments under this Division.\n\t(2)\tThe design quality policy must include specific policies and principles with respect to the universal design of buildings and places to promote best practice in access and inclusion planning.\n60—Integrated planning policy\nThe Minister must ensure that there is a specific state planning policy (to be called the integrated planning policy) that specifies policies and principles that are to be applied with respect to integrated land use, transport and infrastructure planning.\n61—Adaptive re-use\nThe Minister must ensure that there is a specific state planning policy (to be called the adaptive re-use policy) that specifies policies and principles that are to be applied to encourage and support the adaptive re-use of buildings and places.\n62—Climate change policy\nThe Minister must ensure that there is a specific state planning policy (to be called the climate change policy) that specifies policies and principles that are to be applied with respect to minimising adverse effects of decisions made under the Act on the climate and promoting development that is resilient to climate change.\n62A—Biodiversity policy\nThe Minister must ensure that there is a specific state planning policy (to be called the biodiversity policy) that specifies policies and principles that are to be applied with respect to enhancing biodiversity and minimising adverse effects of development on biodiversity within the State.\n63—Special legislative schemes\n\t(1)\tThe Minister must, by notice published in the Gazette, establish a state planning policy with respect to each special legislative scheme that—\n\t(a)\tin the case of a character preservation law—addresses (and seeks to preserve) the character values of each relevant character preservation area; and\n\t(b)\tin any other case—complies with requirements (if any) of the Act in question; and\n\t(c)\taddresses any other matter determined by the Minister to be relevant to the operation or objects of the Act in question insofar as it interacts with, or is relevant to, the operation and objects of this Act.\n\t(2)\tThe Minister may, by subsequent notice published in the Gazette, amend a state planning policy under subsection (1).\n\t(3)\tThe Minister must also, in acting under this section in relation to a particular Act, consult with the Minister who is responsible for the administration of that other Act.\n\t(4)\tA state planning policy, or an amendment to a state planning policy, under this section—\n\t(b)\tdoes not have effect until it is published on the SA planning portal; and\n\t(c)\ttakes effect without the need to take any other steps under this Division and without the need to be approved under any other provision of this Act; and\n\t(d)\tdoes not need to be referred to the ERD Committee under this Part (and so is not subject to disallowance).\nSubdivision 2—Regional plans\n64—Regional plans\n\t(1)\tSubject to subsection (2), the Commission must prepare a regional plan for each planning region.\n\t(2)\tIf a joint planning board has been constituted in relation to an area of the State, the regional plan for that area must be prepared by the joint planning board and the Commission will prepare the regional plan for any balance of a planning region that remains outside the area in relation to which the joint planning board has been constituted.\n\t(2a)\tA regional plan must be consistent with any state planning policy (insofar as may be relevant to the relevant region or area).\n\t(2b)\tThe regional plan for Greater Adelaide must—\n\t(a)\tconsider how the population of Greater Adelaide (based on statistical projections, data and analysis) will be adequately provided with housing and services; and\n\t(b)\tensure that sufficient areas of land are identified in the plan as appropriate areas to be developed for the provision of housing in Greater Adelaide.\n\t(2c)\tIn connection with subsection (2b), the regional plan for Greater Adelaide must include consideration of the following matters in relation to Greater Adelaide:\n\t(a)\tthe provision of infrastructure and the cost of infrastructure;\n\t(b)\tthe availability of land and the economic viability of development;\n\t(c)\tthe extent to which additional land for the provision of housing and services is required and the impact such provision would have on the environment and food production areas under section 7;\n\t(d)\tany variations to the environment and food production areas under section 7 required to give effect to the plan;\n\t(e)\taccess to services for the projected population (of Greater Adelaide);\n\t(f)\tthe preservation of significant environmental, landscape or agricultural areas;\n\t(g)\tland that is subject to hazards (such as the risk of flooding, bushfires or other events);\n\t(h)\tthe protection or enhancement of significant State infrastructure.\n\t(3)\tWithout limiting subsections (2b) or (2c), a regional plan must include—\n\t(a)\ta long-term vision (over a 15 to 30 year period) for the relevant region or area, including provisions about the integration of land use, transport infrastructure and the public realm; and\n\t(b)\tmaps and plans that relate to spatial patterns that are relevant to the long‑term vision; and\n\t(c)\tsuch contextual information about the relevant region or area, including forward projections and statistical data and analysis, as may be determined by the Commission or required by a practice direction; and\n\t(d)\trecommendations about the application and operation of the Planning and Design Code in the relevant region or area; and\n\t(e)\ta framework for the public realm or infrastructure located within the relevant region or area; and\n\t(f)\tany other information or material required—\n\t(i)\tby another provision of this Act; or\n\t(ii)\tby the regulations; or\n\t(iii)\tin the case of a regional plan prepared by a joint planning board—by the Commission.\n\t(4)\tA regional plan may—\n\t(a)\tbe divided into various parts that relate to subregions; and\n\t(b)\tinclude structure plans, master plans, concept plans or other similar documents.\n\t(5)\tA regional plan prepared by a joint planning board must comply with any practice direction issued for the purposes of this Subdivision by the Commission with the approval of the Minister.\n\t(6)\tA regional plan is not to be taken into account for the purposes of any assessment or decision with respect to an application for a development authorisation under this Act (except to the extent provided by this Act).\nSubdivision 3—Planning and Design Code\n65—Establishment of code\n\t(1)\tThere must be a Planning and Design Code.\n\t(2)\tThe Commission will be responsible for preparing and maintaining the Planning and Design Code.\n66—Key provisions about content of code\n\t(1)\tThe Planning and Design Code must set out a comprehensive set of policies, rules and classifications which may be selected and applied in the various parts of the State through the operation of the Planning and Design Code and the SA planning database for the purposes of development assessment and related matters within the State.\n\t(2)\tIn particular, the Planning and Design Code will—\n\t(a)\tincorporate a scheme that includes the use of zones, subzones and overlays; and\n\t(b)\tspecify policies and rules that will—\n\t(i)\tgovern the use and development of an area within a particular class of zone; and\n\t(ii)\tin relation to a subzone, set out additional policies or rules relating to the character of a particular part of a zone; and\n\t(iii)\taddress specified or defined issues that may apply in any zone or subzone (or a part of any zone or subzone), or across zones or subzones, depending on the circumstances (overlays); and\n\t(iv)\tsupport the adaptive re-use of buildings and places in cases determined to be appropriate under the Planning and Design Code; and\n\t(c)\tinclude definitions of land use and establish land use classes; and\n\t(d)\tmake provision for or with respect to any other matter contemplated by this Act as being included in the Planning and Design Code (to such extent, or in such manner, as the Commission thinks fit); and\n\t(e)\tinclude any other matter—\n\t(i)\tprescribed by the regulations; or\n\t(ii)\tconsidered appropriate by the Commission.\n\t(3)\tIn connection with subsections (1) and (2)—\n\t(a)\tpolicies and rules for development in a zone, subzone or overlay should be clear and straightforward; and\n\t(b)\tif relevant, it should be clear which provisions in a zone are being modified by a subzone or overlay and how those provisions are being modified; and\n\t(c)\tthe only spatial layers to be used are zones, subzones and overlays; and\n\t(d)\tthe provisions of the Planning and Design Code may provide guidance for the development of the public realm; and\n\t(e)\tany policy or rule under the Planning and Design Code may apply in relation to development generally or any class of development; and\n\t(f)\tthe Planning and Design Code must comply with any principle prescribed by the regulations or a state planning policy.\n\t(4)\tThe Planning and Design Code may include provisions that provide for the adaptation of the rules that apply in relation to a specified zone or subzone or as an overlay to provide for necessary and appropriate local variations in specified circumstances, including by permitting in the Code—\n\t(a)\tthe variation of a technical or numeric requirement within parameters specified in the Code; and\n\t(b)\tthe variation of a requirement applying in a subzone, within parameters specified in the Code, in order to recognise unique character attributes; and\n\t(c)\tthe adoption of options for development, specified in the Code, that are additional to those provided in a zone or subzone or as an overlay.\n\t(5)\tThe Planning and Design Code may be accompanied by advisory material in the form of planning or design manuals or guidelines.\n67—Local heritage\n\t(1)\tThe Planning and Design Code may designate a place as a place of local heritage value if—\n\t(a)\tit displays historical, economic or social themes that are of importance to the local area; or\n\t(b)\tit represents customs or ways of life that are characteristic of the local area; or\n\t(c)\tit has played an important part in the lives of local residents; or\n\t(d)\tit displays aesthetic merit, design characteristics or construction techniques of significance to the local area; or\n\t(e)\tit is associated with a notable local personality or event; or\n\t(f)\tit is a notable landmark in the area; or\n\t(g)\tin the case of a tree (without limiting a preceding paragraph)—it is of special historical or social significance or importance within the local area.\n\t(2)\tFor the purposes of subsection (1)—\n\t(a)\ta place will be taken to be any place within the meaning of the Heritage Places Act 1993; and\n\t(b)\ta designation of a place as a place of local heritage value must nominate or identify the component or other item, feature or attribute that is assessed as forming part of, or contributing to, the heritage significance of the place; and\n\t(c)\tthe Commission may, after seeking the advice of the South Australian Heritage Council, develop or adopt guidelines that are to be used in the interpretation or application of the criteria set out in that subsection.\n\t(3)\tThe Community Engagement Charter must include provisions that require consultation with the owner of any land constituting a place—\n\t(a)\tthat is being proposed for inclusion in the Planning and Design Code as a place of local heritage value; or\n\t(b)\tthat, under an amendment to the Planning and Design Code, is being proposed as being subject to any heritage character or preservation policy that is similar in intent or effect to a local heritage listing.\n\t(4)\tIn addition, an area cannot be designated under an amendment to the Planning and Design Code as constituting a heritage character or preservation zone or subzone unless the amendment has been approved by persons who, at the time that consultation in relation to the proposed amendment is initiated under the Community Engagement Charter, constitute at least the prescribed percentage of owners of allotments within the relevant area (on the basis of 1 owner per allotment being counted under a scheme prescribed by the regulations).\n\t(5)\tIn this section—\nprescribed percentage means 51% of relevant owners of allotments within a relevant area.\n68—Significant trees\n\t(1)\tThe Planning and Design Code may—\n\t(a)\tdeclare a tree to be a significant tree if—\n\t(i)\tit makes a significant contribution to the character or visual amenity of the local area; or\n\t(ii)\tit is indigenous to the local area, it is a rare or endangered species taking into account any criteria prescribed by the regulations, or it forms part of a remnant area of native vegetation; or\n\t(iii)\tit is an important habitat for native fauna taking into account any criteria prescribed by the regulations; or\n\t(iv)\tit satisfies any criteria prescribed by the regulations; or\n\t(b)\tdeclare a stand of trees to be significant trees if—\n\t(i)\tas a group they make a significant contribution to the character or visual amenity of the local area; or\n\t(ii)\tthey are indigenous to the local area, they are members of a rare or endangered species taking into account any criteria prescribed by the regulations, or they form, or form part of, a remnant area of native vegetation; or\n\t(iii)\tas a group they form an important habitat for native fauna taking into account any criteria prescribed by the regulations; or\n\t(iv)\tas a group they satisfy any criteria prescribed by the regulations,\n(and the declaration may be made on the basis that certain trees located at the same place are excluded from the relevant stand).\n\t(2)\tHowever, a declaration under subsection (1) must not be inconsistent with any criteria prescribed by the regulations for the purposes of this subsection.\n\t(3)\tFor the purposes of subsection (1), the Planning and Design Code must identify the location of a tree or stand of trees in accordance with any requirements imposed by the regulations.\n","sortOrder":9},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Design standards","content":"Subdivision 4—Design standards\n69—Design standards\n\t(1)\tThe Commission may prepare design standards that relate to the public realm or infrastructure for the purposes of this Act.\n\t(2)\tA design standard may supplement the Planning and Design Code by—\n\t(a)\tspecifying design principles; and\n\t(b)\tspecifying design standards for the public realm or infrastructure; and\n\t(c)\tproviding design guidance with respect to any relevant matter.\n\t(3)\tA design standard may—\n\t(a)\tbe linked to any spatial layer in the Planning and Design Code; and\n\t(b)\tapply to any location specified in the Planning and Design Code, an infrastructure delivery scheme under Part 13 Division 1, or a scheme established under Part 15 Division 2.\n\t(4)\tA design standard may be accompanied by advisory material in the form of design manuals or guidelines.\n","sortOrder":10},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Related and common provisions","content":"Subdivision 5—Related and common provisions\n70—Interpretation\nIn this Subdivision—\ndesignated instrument means—\n\t(a)\ta state planning policy; or\n\t(b)\ta regional plan; or\n\t(c)\tthe Planning and Design Code; or\n\t(d)\ta design standard.\n71—Incorporation of material and application of instrument\nA designated instrument may—\n\t(a)\tbe linked to other instruments and standards under this Act; and\n\t(b)\trefer to or incorporate wholly or partially and with or without modification, a policy or other document prepared or published by a prescribed body, either as in force at a specified time or as in force from time to time; and\n\t(c)\tbe of general or limited application; and\n\t(d)\tmake different provision according to an area, or circumstances or entities, to which it is expressed to apply; and\n\t(e)\tprovide that any matter or thing is to be determined, dispensed with or regulated according to the discretion of the Minister, the Commission, the Chief Executive or any other specified body or person.\n72—Status\n\t(1)\tA state planning policy or a regional plan is an expression of policy formed after consultation within government and within the community and does not affect rights and liabilities (whether of a substantive, procedural or other nature).\n\t(2)\tNo action may be brought on the basis that an entity has acted in a way that is inconsistent with a state planning policy or a regional plan.\n\t(3)\tThe Planning and Design Code or a design standard is a public document of which a court or tribunal will take judicial notice, without formal proof of its contents.\n\t(4)\tNo action may be brought on the basis that another instrument is inconsistent with a designated instrument.\n73—Preparation and amendment\n\t(1)\tA proposal to prepare a designated instrument may be initiated by—\n\t(aa)\tin relation to a state planning policy—the Commission acting at the request of the Minister; or\n\t(a)\tthe Commission acting on its own initiative or at the request of the Minister; or\n\t(b)\tin relation to a regional plan—a joint planning board.\n\t(2)\tA proposal to amend a designated instrument may be initiated by—\n\t(aa)\tin relation to a state planning policy—the Commission acting at the request of the Minister; or\n\t(a)\tthe Commission acting on its own initiative or at the request of the Minister; or\n\t(b)\twith the approval of the Minister, acting on the advice of the Commission—\n\t(i)\tthe Chief Executive; or\n\t(ii)\tanother agency or instrumentality of the Crown; or\n\t(iii)\ta joint planning board; or\n\t(iv)\ta council; or\n\t(v)\ta provider of essential infrastructure; or\n\t(vi)\ta scheme coordinator appointed under Part 13 Division 1; or\n\t(vii)\tin relation to the Planning and Design Code or a design standard—a person who has an interest in land and who is seeking to alter the way in which the Planning and Design Code or a design standard affects that land.\n\t(3)\tWithout limiting any other provision, an agency or instrumentality of the Crown may make an application under subsection (2)(b)(ii) in connection with being prescribed under section 122.\n\t(3a)\tDespite subsection (2)(b), the advice of the Commission is not required for an approval of the Minister under subsection (2)(b) relating to an amendment to a designated instrument in circumstances prescribed by the regulations.\n\t(4)\tAn approval under subsection (2)(b) may be given by the Minister on the basis—\n\t(a)\tthat the person or entity given the approval will conduct the processes specified in the succeeding subsections of this section himself, herself or itself; or\n\t(b)\tin the case of an approval under subsection (2)(b)(v) or (vii), that the Chief Executive will conduct the processes specified in the succeeding subsections of this section on behalf of the relevant person or entity and charge the person or entity reasonable costs associated with doing so.\n\t(5)\tAn approval of the Minister under subsection (2)(b) may be given on conditions—\n\t(a)\tprescribed by the regulations; or\n\t(b)\tspecified by the Minister.\n\t(6)\tA person or entity authorised or approved under a preceding subsection (a designated entity), after all of the requirements of those subsections have been satisfied—\n\t(a)\tmay prepare a draft of the relevant proposal; and\n\t(b)\tmust comply with the Community Engagement Charter for the purposes of consultation in relation to the proposal; and\n\t(c)\tto the extent that paragraph (b) does not apply, in the case of a proposed amendment to a regional plan that has been prepared by a joint planning board where the amendment is not being proposed by the joint planning board—must consult with the joint planning board; and\n\t(d)\tto the extent that paragraph (b) does not apply, in the case of a proposed amendment to the Planning and Design Code that will have a specific impact on 1 or more particular pieces of land in a particular zone or subzone (rather than more generally)—must take reasonable steps to give—\n\t(i)\tan owner or occupier of the land; and\n\t(ii)\tan owner or occupier of each piece of adjacent land,\na notice in accordance with the regulations; and\n\t(e)\tmust consult with any person or body specified by the Commission and may consult with any other person or body as the designated entity thinks fit; and\n\t(f)\tmust carry out such investigations and obtain such information specified by the Commission; and\n\t(g)\tmust comply with any requirement prescribed by the regulations.\n\t(7)\tThe designated entity must, after complying with subsection (6), prepare a report in accordance with any practice direction that applies for the purposes of this section (including information about any change to the original proposal that the designated entity considers should be made) and furnish a copy of the report to the Minister.\n\t(8)\tThe designated entity must, after furnishing a report to the Minister under subsection (7), ensure that a copy of the report is published on the SA planning portal in accordance with a practice direction that applies for the purposes of this section.\n\t(9)\tA designated entity may enter into an agreement with a person for the recovery of costs incurred by the designated entity in relation to an amendment of the Planning and Design Code or a design standard under this section (subject to the requirement to charge costs under subsection (4)(b) (if relevant)).\n\t(10)\tAfter receiving a report under subsection (7)—\n\t(a)\tif the Minister thinks that the matter is significant—the Minister may consult with the Commission; or\n\t(b)\tin the case of an amendment where an agreement under subsection (9) for the recovery of costs in relation to the amendment has been entered into—the Minister must consult with the Commission,\nand the Minister may then—\n\t(c)\tadopt the designated instrument, or the amendment of a designated instrument (as the case may be), as outlined in the report under subsection (7); or\n\t(d)\tmake alterations to what is outlined in the report and then proceed to adopt the designated instrument or the amendment, as altered (as the case may be); or\n\t(e)\tin the case of an amendment—divide the amendment into separate parts and then proceed to adopt 1 or more of those parts; or\n\t(f)\tdetermine that the matter should not proceed.\n\t(11)\tThe Minister must publish on the SA planning portal a copy of any advice furnished to the Minister by the Commission in the course of consultation conducted in accordance with subsection (10)(a) or (b)—\n\t(a)\tin a case where the action of the Minister involves adopting a designated instrument or an amendment of a designated instrument—within 10 business days of the designated instrument or amendment taking effect; or\n\t(b)\tin any other case—within 10 business days of taking action under subsection (10).\n\t(12)\tSubject to this Act, the designated instrument, or the amendment of a designated instrument, adopted under subsection (10)—\n\t(a)\tin a case where the designated instrument is a state planning policy—does not have effect unless or until it has been approved by the Governor by notice published in the Gazette; and\n\t(b)\tdoes not have effect until it is published on the SA planning portal; and\n\t(c)\tmay take effect from the date of publication under paragraph (b), or from a later date specified by the Minister.\n\t(13)\tSubject to any practice direction issued by the Commission with the approval of the Minister, a process under a preceding subsection may be undertaken as a joint process that relates to 2 or more instruments.\n74—Parliamentary scrutiny\n\t(1)\tA reference in this section to a designated instrument includes a reference to an amendment to a designated instrument.\n\t(2)\tThe Minister must, within 28 days after a designated instrument takes effect, refer the designated instrument to the ERD Committee.\n\t(3)\tA designated instrument referred under this section must be accompanied by a report prepared by the Minister that sets out—\n\t(a)\tthe reason for the designated instrument; and\n\t(b)\ta copy of any report on the designated instrument furnished to the Minister under section 73(7); and\n\t(c)\tany other material considered relevant by the Minister; and\n\t(d)\tany other information or material prescribed by the regulations.\n\t(4)\tThe ERD Committee must, after receipt of a designated instrument under subsection (2)—\n\t(a)\tresolve that it does not object to the designated instrument; or\n\t(b)\tresolve to suggest amendments to the designated instrument; or\n\t(c)\tresolve to object to the designated instrument.\n\t(5)\tSubject to subsection (7), if, at the expiration of 28 days from the day on which a designated instrument was referred to the ERD Committee, the ERD Committee has not made a resolution under subsection (4), it will be conclusively presumed that the ERD Committee does not object to the designated instrument and does not itself propose to suggest any amendments to the designated instrument.\n\t(6)\tSubject to subsection (7), if the period of 28 days referred to in subsection (5) would, but for this subsection, expire in a particular case between 15 December in one year and 15 January in the next year (both days inclusive), the period applying for the purposes of subsection (5) will be extended on the basis that any days falling on or between those 2 dates will not be taken into account for the purposes of calculating the period that applies under subsection (5).\n\t(7)\tIf the period applying under subsection (5), including by virtue of subsection (6), would, but for this subsection, expire in a particular case sometime between the day on which the House of Assembly is dissolved for the purposes of a general election and the day on which the ERD Committee is reconstituted at the beginning of the first session of the new Parliament after that election (both days inclusive), the period will be extended by force of this subsection so as to expire 28 days from the day on which the ERD Committee is so reconstituted.\n\t(8)\tIf—\n\t(a)\tthe ERD Committee is proposing to suggest an amendment under subsection (4); and\n\t(b)\tthe amendment is specifically relevant to a particular council or councils,\n\t(c)\tthe ERD Committee must, before resolving to suggest the amendment, refer the amendment to the council or councils for comment and a response within the period of 2 weeks; and\n\t(d)\tany period applying under subsection (5), (6) or (7) will be extended, by force of this subsection, by an additional 21 days.\n\t(9)\tIf an amendment is suggested under subsection (4)—\n\t(a)\tthe Minister may, by notice published in the Gazette, proceed to make such an amendment; or\n\t(b)\tthe Minister may report back to the ERD Committee that the Minister is unwilling to make the amendment suggested by the ERD Committee (and, in such a case, the ERD Committee may resolve that it does not object to the designated instrument as originally made, or may resolve to object to the designated instrument).\n\t(10)\tThe Minister must consult with the Commission before making an amendment under subsection (9)(a).\n\t(11)\tIf the ERD Committee resolves to object to a designated instrument, copies of the designated instrument must be laid before both Houses of Parliament.\n\t(12)\tIf either House of Parliament passes a resolution disallowing a designated instrument laid before it under subsection (11), then the designated instrument will cease to have effect (and if the designated instrument is in fact an amendment by virtue of the operation of subsection (1), the relevant designated instrument will, from that time, apply as if it had not been amended by that amendment).\n\t(13)\tA resolution is not effective for the purposes of subsection (12) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the state planning policy was laid before the House.\n\t(14)\tIf a resolution is passed under subsection (12), notice of that resolution must immediately be published in the Gazette.\n\t(15)\tThe preceding subsections do not apply in a particular case if—\n\t(a)\tthe Minister has consulted with the ERD Committee before a designated instrument, or an amendment to a designated instrument, has been finalised; and\n\t(b)\tthe ERD Committee has resolved, on account of that consultation, that the designated instrument or the amendment (as the case may be) need not be referred to the ERD Committee if or when it has been approved by the Governor.\n75—Complying changes—Planning and Design Code\n\t(1)\tThe Minister may initiate or agree to an amendment to the Planning and Design Code under this section if—\n\t(a)\tthe amendment comprises a change—\n\t(i)\tto the application of a zone, subzone or overlay; or\n\t(ii)\tof a prescribed kind; and\n\t(b)\tthe amendment is consistent with a recommendation in the relevant regional plan that, through the use of—\n\t(i)\tspecific maps or other spatial information; and\n\t(ii)\tspecific information about the changes that are being proposed,\nclearly and expressly identifies (in the opinion of the Minister) the changes that are considered to be appropriate.\n\t(2)\tAn amendment under subsection (1) must be the subject of consultation under the Community Engagement Charter.\n\t(2a)\tThe Minister may initiate or agree to an amendment to the Planning and Design Code if—\n\t(a)\tthe amendment comprises a change—\n\t(i)\tto the application of a zone, subzone or overlay; or\n\t(ii)\tof a prescribed kind; and\n\t(b)\tthe amendment is consistent with a proposed amendment set out in a scheme initiated under section 163A in relation to the provision of primary infrastructure and adopted under section 167 that, through the use of—\n\t(i)\tspecific maps or other spatial information; and\n\t(ii)\tspecific information about the changes that are being proposed,\nclearly and expressly identifies (in the opinion of the Minister) the changes that are considered to be appropriate.\n\t(3)\tAn amendment under this section is effected by an instrument deposited on the SA planning portal for publication on the SA planning database (in accordance with requirements established by the Chief Executive).\n\t(4)\tAn amendment under this section—\n\t(a)\ttakes effect from a date specified in the instrument under subsection (3); and\n\t(b)\ttakes effect without the need to take any other steps under this Division and without the need to be approved under any other provision of this Act; and\n\t(c)\tdoes not need to be referred to the ERD Committee under this Part (and is not subject to disallowance).\n76—Minor or operational amendments\n\t(1)\tThe Minister may, by notice published in the Gazette, amend a designated instrument—\n\t(a)\tin order to make a change of form (without altering the effect of an underlying policy reflected in the designated instrument); or\n\t(b)\tin order to take action which, in the opinion of the Minister, is—\n\t(i)\taddressing or removing irrelevant material or a duplication or inconsistency (without altering the effect of an underlying policy reflected in the designated instrument); or\n\t(ii)\tcorrecting an error; or\n\t(c)\tin order to provide consistency between the designated instrument and any provision of—\n\t(i)\tthis Act or a prescribed Act (including an Act of the Commonwealth); or\n\t(ii)\tthe regulations or any other instrument made under this Act,\n(including to provide information in a designated instrument that relates to the content or effect of this Act or a prescribed Act (including an Act of the Commonwealth), or any regulation or other instrument); or\n\t(d)\tin accordance with any plan, policy, standard, report, document or code which—\n\t(i)\tis prepared, adopted or applied under another Act (including an Act of the Commonwealth); and\n\t(ii)\tfalls within a class prescribed by the regulations for the purposes of this provision.\n\t(2)\tThe Minister may, by notice published in the Gazette, amend a designated instrument—\n\t(a)\tin order to give effect to the adoption of, or an amendment to, a precinct plan under the Urban Renewal Act 1995; or\n\t(b)\tin order to make such provision as the Minister thinks fit relating to planning or development within a precinct or the revocation of a precinct under the Urban Renewal Act 1995; or\n\t(c)\tin order to provide consistency between the designated instrument and section 7(5) after a notice under section 7(8) has taken effect in accordance with that section; or\n\t(d)\tin order to provide consistency between the designated instrument and any development approval that has been granted by the Minister under Part 7 Division 2 Subdivision 4 where the development to which the approval relates has been substantially commenced or completed.\n\t(2a)\tCGO may, by notice published in the Gazette, amend a designated instrument to provide for planning or development matters in a State development area, including—\n\t(a)\tfor the purposes of a project, development or other works in a State development area under the State Development Coordination and Facilitation Act 2025; or\n\t(b)\tto provide consistency between the designated instrument and a State development area plan under the State Development Coordination and Facilitation Act 2025; or\n\t(c)\tin connection with the abolition of a State development area under the State Development Coordination and Facilitation Act 2025 (by the repeal of the notice establishing the area).\n\t(3)\tWithout limiting subsection (1) or (2) the Minister may, by notice published in the Gazette, amend the Planning and Design Code—\n\t(a)\tin order to include a State heritage place in the Planning and Design Code; or\n\t(b)\tin order to designate a place (or part of a place) that is (or has been) a State heritage place as a place of local heritage value (on the basis of a recommendation of the South Australian Heritage Council under the Heritage Places Act 1993); or\n\t(c)\tin order to designate a place (or part of a place) that is a place of local heritage value as a State heritage place (on the basis of action taken by the South Australian Heritage Council under the Heritage Places Act 1993); or\n\t(d)\tin order to remove a place that is no longer a State heritage place from the Planning and Design Code; or\n\t(e)\tin order to remove from the Planning and Design Code—\n\t(i)\ta State heritage place or a local heritage place (as listed in the Planning and Design Code); or\n\t(ii)\tany other place listed in the Planning and Design Code (if relevant to local heritage),\nwhere the building or other item that gave rise to the relevant listing has been demolished, destroyed or removed.\n\t(4a)\tCGO must, before making an amendment under subsection (2a), undertake public consultation on the proposed amendment for a period of at least 20 business days in accordance with any requirements of the regulations.\n\t(5)\tAn amendment under this section—\n\t(a)\ttakes effect from a date specified in the notice; and\n\t(b)\ttakes effect without the need to take any other steps under this Division and without the need to be approved under any other provision of this Act; and\n\t(c)\tdoes not need to be referred to the ERD Committee under this Part (and is not subject to disallowance).\n77—Publication\nThe Minister must ensure that an up-to-date copy of each designated instrument is published on the SA planning portal and available for inspection and downloading without charge.\n","sortOrder":11},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Other matters","content":"Subdivision 6—Other matters\n78—Early commencement\n\t(1)\tIf the Minister is of the opinion that it is necessary in the interests of the orderly and proper development of an area of the State that—\n\t(a)\tan amendment to a regional plan should come into operation without delay; or\n\t(b)\tan amendment to the Planning and Design Code or a design standard should come into operation without delay in order to counter applications for undesirable development ahead of the outcome of the consideration of the amendment under this Part,\nthe Minister may, at the same time as, or at any time after, the amendment is released for public consultation under the Community Engagement Charter under this Part, and without the need for any other consultation or process, by notice published in the Gazette, declare that the amendment will come into operation on an interim basis on a day specified in the notice.\n\t(2)\tFor the purposes of subsection (1)(b), undesirable development, in relation to a proposed amendment to the Planning and Design Code or a design standard, is development that would detract from, or negate, an object of the amendment.\n\t(4)\tIf a notice has been published under subsection (1), the amendment comes into operation on the day specified in the notice.\n\t(5)\tThe Minister must, as soon as practicable after the publication of a notice under subsection (1), prepare a report on the matter and cause copies of that report to be laid before both Houses of Parliament.\n\t(6)\tAn amendment that has come into operation under this section ceases to operate—\n\t(a)\tif the Minister, by notice published in the Gazette, terminates the operation of the amendment; or\n\t(b)\tif either House of Parliament passes a resolution disallowing the amendment after copies of the amendment have been laid before both Houses of Parliament under section 74; or\n\t(c)\tif the amendment has not been adopted by the Minister under this Part within 12 months from the day on which it came into operation; or\n\t(d)\tif the amendment is superseded by another amendment that comes into operation under this Part.\n\t(7)\tIf an amendment ceases to operate by virtue of subsection (6)(b) or (c), notice of that cessation must forthwith be published in the Gazette.\n\t(8)\tIf an amendment ceases to operate by virtue of subsection (6)(a), (b) or (c), the regional plan, Planning and Design Code or design standard will, from the date of cessation, apply as if it had not been amended by that amendment.\nDivision 3—Building related instruments\n79—Building Code\n\t(1)\tThe Building Code, as in force from time to time, applies for the purposes of this Act but subject to—\n\t(a)\tany modifications effected by variations, additions or exclusions for South Australia contained in the Code; and\n\t(b)\tany modifications effected by a Ministerial building standard under this Division.\n\t(2)\tIn connection with subsection (1), any modification to the Building Code as described in subsection (1)(a) will not take effect for the purposes of this Act—\n\t(a)\tbefore a day on which notice of the alteration is published by the Minister by notice published in the Gazette; and\n\t(b)\tif the Minister so specifies in a notice under paragraph (a), until a day specified by the Minister.\n80—Ministerial building standards\n\t(1)\tThe Minister may, by notice published in the Gazette, publish standards (Ministerial building standards), that—\n\t(a)\trelate to any aspect of—\n\t(i)\tbuilding work (including the regulation, control, restriction or prohibition of building work); or\n\t(ii)\tthe design, construction, quality, safety, health, amenity, sustainability, adaptive re-use or maintenance of buildings; or\n\t(b)\tmodify the Building Code as it applies under this Act.\n\t(2)\tIn particular, the Minister must publish a Ministerial building standard under subsection (1) that relates to adaptive re-use of buildings constructed before 1 January 1980.\n\t(3)\tWithout limiting subsection (1), a Ministerial building standard may specify deemed‑to‑satisfy building practices or techniques that will be taken to constitute compliance with the Building Code.\n\t(4)\tThe Minister may, by subsequent notice published in the Gazette, vary or revoke a Ministerial building standard under subsection (1).\n81—Publication\nThe Minister must ensure—\n\t(a)\tthat an up‑to‑date copy of the Building Code as it applies under this Act; and\n\t(b)\tthat any Ministerial building standard,\nis published, or is capable of being accessed, on or via the SA planning portal and is available for inspection and downloading without charge.\n","sortOrder":12},{"sectionNumber":"Part 6","sectionType":"part","heading":"Relevant authorities","content":"Part 6—Relevant authorities\nDivision 1—Entities constituting relevant authorities\n82—Entities constituting relevant authorities\nSubject to this Act, the following will be relevant authorities:\n\t(a)\tthe Minister;\n\t(b)\tthe Commission;\n\t(ba)\tin the circumstances referred to in section 242A—the Chief Executive;\n\t(c)\tan assessment panel appointed by a joint planning board;\n\t(d)\tan assessment panel appointed by a council, but not—\n\t(i)\tin respect of an area in relation to which—\n\t(A)\ta planning agreement that envisages the appointment of an assessment panel by the joint planning board under this section applies; or\n\t(B)\ta regional assessment panel has been constituted; or\n\t(ii)\tif a local assessment panel has been constituted by the Minister in substitution for an assessment panel appointed by the council;\n\t(e)\tany of the following assessment panels constituted by the Minister:\n\t(i)\ta combined assessment panel;\n\t(ii)\ta regional assessment panel;\n\t(iii)\ta local assessment panel;\n\t(f)\tan assessment manager;\n\t(g)\tan accredited professional;\n\t(h)\ta council.\nDivision 2—Assessment panels\n83—Panels established by joint planning boards or councils\n\t(1)\tThe following provisions will apply in relation to an assessment panel appointed by a joint planning board or a council (a designated authority) under Division 1:\n\t(a)\ta designated authority may appoint more than 1 assessment panel but, if it does so, the designated authority must clearly specify which class of development each assessment panel is to assess;\n\t(b)\ta designated authority must determine—\n\t(i)\tthe membership of the assessment panel, being no more than 5 members, only 1 of which may be a member of a council, and, if the designated authority thinks fit, on the basis that the assessment panel will be constituted by a different number of members depending on the particular class of development that is being assessed by the assessment panel; and\n\t(ii)\tthe procedures to be followed with respect to the appointment of members; and\n\t(iii)\tthe terms of office of members; and\n\t(iv)\tconditions of appointment of members, or the method by which those conditions will be determined, (including as to their remuneration) and the grounds on which, and the procedures by which, a member may be removed from office; and\n\t(v)\tthe appointment of deputy members; and\n\t(vi)\twho will act as the presiding member of the panel and the process for appointing an acting presiding member;\n\t(c)\ta person appointed as a member of an assessment panel must be an accredited professional;\n\t(d)\ta person who is a member of the Parliament of the State is not eligible to be appointed as a member of an assessment panel;\n\t(e)\ta person appointed as a member of an assessment panel must disclose his or her financial interests in accordance with Schedule 1;\n\t(f)\tthe procedures of an assessment panel must comply with any requirements prescribed by the regulations;\n\t(g)\ta member of an assessment panel must not act in relation to a development if he or she has a direct or indirect pecuniary interest in any aspect of the development or any body associated with any aspect of the development;\n\t(h)\tthe designated authority that appoints an assessment panel will be responsible for—\n\t(i)\tarranging the staffing and support required for the purposes of the operations of the panel; and\n\t(ii)\tthe costs and other liabilities associated with the activities of the panel;\n\t(i)\tin the case of an assessment panel appointed by a council—the council must substitute the existing members of the panel with new members if directed to do so by the Minister acting on recommendation of the Commission under section 86.\n\t(2)\tSubsection (1)(c) does not apply if—\n\t(a)\tthe person is a member, or former member, of a council; and\n\t(b)\tthe designated authority is satisfied that the person is appropriately qualified to act as a member of the assessment panel on account of the person's experience in local government.\n\t(2a)\tDespite subsection (1)(e), a member of a council appointed as a member of an assessment panel is not required to disclose their financial interests in accordance with Schedule 1 while the member holds office as a member of a council.\n\t(3)\tWithout limiting the effect of subsection (1)(g), a person will be taken to have a pecuniary interest in a matter for the purposes of the subsection if an associate of the person has an interest in the matter.\n\t(4)\tA person who contravenes subsection (1)(g) is guilty of an offence.\n84—Panels established by Minister\n\t(1)\tThe following provisions will apply in relation to an assessment panel constituted by the Minister under Division 1:\n\t(a)\tthe assessment panel will be constituted by the Minister by notice published in the Gazette;\n\t(b)\tin relation to a combined assessment panel—the Minister may constitute a combined assessment panel if the panel is to act as a relevant authority under this Act and, at the same time, be involved in the assessment of matters relevant to obtaining a licence, permission, consent, approval, authorisation, certificate or other authority under another Act;\n\t(c)\tin relation to a regional assessment panel—\n\t(i)\tthe Minister may, in accordance with subparagraph (ii), constitute the panel in relation to an area or areas of the State comprising parts or all of the areas of 2 or more councils and, if the Minister so determines, a part or parts of the State that are not within the area of a council; and\n\t(ii)\tthe Minister may constitute a regional assessment panel if—\n\t(A)\t2 or more councils request the Minister to constitute a regional assessment panel in relation to their combined areas; or\n\t(B)\tthe Minister has, after seeking the views of the relevant councils, determined that it is appropriate in the interests of orderly and effective development assessment that a regional assessment panel be constituted in relation to the areas of 2 or more councils (or parts of such areas);\n\t(d)\tin relation to a local assessment panel—the Minister may only constitute a local assessment panel if the Minister is acting on the recommendation of the Commission under section 86;\n\t(e)\tthe Minister may, in constituting an assessment panel, make provision with respect to—\n\t(i)\tthe membership of the assessment panel, including—\n\t(A)\tthe number of members, provided that only 1 member of the assessment panel may be a member of a council; and\n\t(B)\tthe procedures to be followed with respect to the appointment of members; and\n\t(C)\tthe terms of office of members; and\n\t(D)\tconditions of appointment of members (including their remuneration) and the grounds on which, and the procedures by which, a member may be removed from office; and\n\t(E)\tthe appointment of deputy members; and\n\t(F)\tthe appointment of the presiding member of the assessment panel and the process for appointing an acting presiding member; and\n\t(ii)\tthe procedures of the assessment panel;\n\t(f)\ta member of an assessment panel must disclose his or her financial interests in accordance with Schedule 1;\n\t(g)\ta member of an assessment panel must not act in relation to a development if he or she has a direct or indirect pecuniary interest in any aspect of the development or any body associated with any aspect of the development;\n\t(h)\tthe costs associated with the activities of a local assessment panel will be the responsibility of the relevant council and may be recovered from the council by the Minister as a debt;\n\t(i)\tthe costs associated with the activities of a regional assessment panel will be shared between the councils for the areas in relation to which the regional assessment panel is constituted in accordance with a scheme set out in the notice under paragraph (a);\n\t(j)\tthe Minister may, by subsequent notice published in the Gazette, vary or revoke a notice under paragraph (a).\n\t(1a)\tDespite subsection (1)(f), a member of a council appointed as a member of an assessment panel is not required to disclose their financial interests in accordance with Schedule 1 while the member holds office as a member of a council.\n\t(2)\tWithout limiting the effect of subsection (1)(g), a person will be taken to have a pecuniary interest in a matter for the purposes of the subsection if an associate of the person has an interest in the matter.\n\t(3)\tA person who contravenes subsection (1)(g) is guilty of an offence.\n85—Appointment of additional members\n\t(1)\tAn assessment panel appointed or constituted under this Act may appoint 1 or 2 members to act as additional members of the assessment panel for the purposes of dealing with a matter that it must assess as a relevant authority under this Act.\n\t(2)\tA person is not eligible to be appointed under subsection (1) unless the person holds a qualification, or has expertise or experience, recognised by a practice direction made for the purposes of this section.\n\t(3)\tA person appointed under subsection (1)—\n\t(a)\twill be, subject to paragraph (b), taken to be a member of the assessment panel in all respects; but\n\t(b)\twill not be able to vote on any matter arising for determination by the assessment panel.\n86—Substitution of local panels\n\t(1)\tIf the Minister has reason to believe that an assessment panel appointed by a council has consistently failed to comply with a requirement under this Act, the Minister may request the Commission to conduct an inquiry under this section.\n\t(2)\tThe Commission, in conducting an inquiry—\n\t(a)\tmust consult with the relevant council; and\n\t(b)\tmay undertake such other investigations as the Commission thinks fit.\n\t(3)\tThe Commission may, at the conclusion of the inquiry—\n\t(a)\trecommend to the Minister—\n\t(i)\tthat the Minister issue a direction under section 83(1)(i); or\n\t(ii)\tthat the Minister appoint a local assessment panel under section 84(1)(d); or\n\t(b)\tadvise the Minister that no action is warranted in the circumstances of the case.\n\t(4)\tIn connection with subsection (3)—\n\t(a)\tthe Commission may only make a recommendation under subsection (3)(a) if satisfied that the assessment panel appointed by the council has consistently failed to comply with a requirement under this Act; and\n\t(b)\tif the Minister acts on a recommendation under subsection (3)(a)(ii), the assessment panel appointed by the council will be removed by force of this provision (and a local assessment panel appointed by the Minister will be substituted).\nDivision 3—Assessment managers\n87—Assessment managers\nThe following provisions will apply in relation to an assessment manager under Division 1:\n\t(a)\teach assessment panel must have an assessment manager (but a person may be appointed to be assessment manager for more than 1 assessment panel);\n\t(b)\ta person appointed as an assessment manager must be—\n\t(i)\tan accredited professional; or\n\t(ii)\ta person of a prescribed class;\n\t(c)\ta person appointed as an assessment manager may (but need not) be an officer or employee of a council or a public sector employee;\n\t(d)\tan assessment manager will be appointed by—\n\t(i)\tif the assessment panel was appointed by a joint planning board—the joint planning board; and\n\t(ii)\tif the assessment panel was appointed by a council—the chief executive of the council; and\n\t(iii)\tif the assessment panel is constituted by the Minister—the Chief Executive,\nand (subject to paragraph (e)(i)) an assessment manager will be responsible to the person who has made the appointment for his or her performance;\n\t(e)\tthe functions of an assessment manager include:\n\t(i)\tacting as a relevant authority as provided under this Act (and, in so acting, is not subject to direction by an assessment panel or any other person);\n\t(ii)\tbeing responsible for managing the staff and operations of the assessment panel in relation to which the assessment manager has been appointed;\n\t(iii)\tproviding advice to the assessment panel (as appropriate);\n\t(f)\tthe designated authority that appoints an assessment panel will be responsible for the costs and other liabilities associated with the activities of the assessment manager.\nDivision 4—Accredited professionals\n88—Accreditation scheme\n\t(1)\tThe Governor may, by regulations made on the recommendation of the Minister, establish an accreditation scheme with respect to persons who are to act (or who are seeking to act) as accredited professionals for the purposes of this Act.\n\t(2)\tThe accreditation scheme—\n\t(a)\tmay make different provision according to the function or role that an accredited professional is to perform under this Act, including in relation to particular aspects of development assessment or control; and\n\t(b)\tmay provide for a term or a period of accreditation, and for the suspension or cancellation of accreditation on specified grounds; and\n\t(c)\tmay specify terms or conditions of accreditation; and\n\t(d)\tmay provide for any aspect of the scheme to be administered or managed by a person or body prescribed by the regulations or specified by the Minister (and different persons or bodies may administer or manage the scheme insofar as it will apply to different classes or categories of accredited professional); and\n\t(e)\tmay provide that a person holding an accreditation, registration or other form of authorisation or status under a scheme recognised by the regulations will be taken to hold an accreditation under this section; and\n\t(f)\tmay be amended or substituted by the Governor from time to time by further regulations made on the recommendation of the Minister.\n\t(3)\tIf the regulations amend or substitute an accreditation scheme under subsection (2)(f), the regulations may make additional provision of a saving or transitional nature.\n89—Notification of acting\nAn accredited professional must, on making a decision of a prescribed kind in relation to a proposed development or a particular aspect of a proposed development—\n\t(a)\tnotify a prescribed body in accordance with the regulations of the decision; and\n\t(b)\tprovide such information or documentation as may be prescribed by the regulations or as the prescribed body may require.\n90—Removal from acting\n\t(1)\tAn accredited professional who has not completed the functions of a relevant authority in relation to a particular development may not be removed from his or her engagement as a relevant authority unless the Minister consents to that removal.\n\t(2)\tIf an accredited professional resigns from an engagement as a relevant authority or dies or becomes incapable for any other reason of carrying out the functions of a relevant authority in respect of a particular development, the matter may be referred to another relevant authority.\n91—Duties\n\t(1)\tAn accredited professional must act in accordance with the public interest.\n\t(2)\tAn accredited professional must not—\n\t(a)\tperform any act or make any omission that results in a failure to comply with this Act; or\n\t(b)\tseek, accept or agree to accept a benefit from another person (whether for himself or herself or for a third person) as a reward or inducement to act against a provision of this Act; or\n\t(c)\tact in a manner contrary to any other duty prescribed by the regulations.\n\t(3)\tAn accredited professional who contravenes or fails to comply with a provision of a code of conduct that applies to the accredited professional under Schedule 3 is guilty of an offence.\n\t(4)\tA person who improperly gives, offers or agrees to give a benefit to an accredited professional or to a third person as a reward or inducement for an act done or to be done, or an omission made or to be made, by the accredited professional in the performance of a function under this Act is guilty of an offence.\n\t(5)\tAn accredited professional must ensure that any development authorisation given by the accredited professional is consistent with any other development authorisation that has already been given in respect of the same proposal.\nMaximum penalty: $25 000.\nbenefit does not include a benefit that consists of remuneration or any condition of appointment or employment properly attaching or incidental to the work of an accredited professional under this Act.\n92—Use of term \"building certifier\"\nAn accredited professional who is qualified under the accreditation scheme to assess development in respect of the Building Rules (and to perform other functions relating to buildings and building work under this Act) may be known as a building certifier (and this designation will, as appropriate, be used for the purposes of this Act).\n","sortOrder":13},{"sectionNumber":"Div 5","sectionType":"division","heading":"Determination of relevant authority","content":"Division 5—Determination of relevant authority\n93—Relevant authority—panels\n\t(1)\tSubject to any other provision of this Act, an assessment panel will be a relevant authority in relation to a proposed development as follows:\n\t(a)\twhere the proposed development is to be undertaken within the area of a council then, subject to the succeeding paragraphs, an assessment panel appointed by the council is the relevant authority;\n\t(b)\tdespite paragraph (a), where the proposed development is within the area of a council in respect of which a local assessment panel has been appointed then, subject to the succeeding paragraphs, the local assessment panel is the relevant authority;\n\t(c)\tdespite a preceding paragraph, where the proposed development is within an area of the State in relation to which a regional assessment panel has been constituted then, subject to the succeeding paragraphs, the regional assessment panel is the relevant authority;\n\t(d)\tdespite a preceding paragraph, where the proposed development is within an area of the State in relation to which a planning agreement applies and an assessment panel has been appointed by the joint planning board then, subject to paragraph (e), that assessment panel is the relevant authority;\n\t(e)\tdespite a preceding paragraph, where the proposed development is a matter designated by the Minister, by notice published in the Gazette, as being a matter that will be assessed by a combined assessment panel then the combined assessment panel is the relevant authority.\n\t(2)\tThis section does not apply in a case where—\n\t(a)\tan assessment manager; or\n\t(b)\tan accredited professional,\nmay act as a relevant authority under a scheme prescribed by the regulations for the purposes of this section.\n\t(3)\tThis section does not apply in a case where section 94 or section 95 applies.\n94—Relevant authority—Commission\n\t(1)\tSubject to any other provision of this Act (other than section 93), the Commission will be a relevant authority in relation to a proposed development as follows:\n\t(a)\twhere the proposed development falls within a class of development—\n\t(i)\tdesignated by the Planning and Design Code for the purposes of this paragraph; or\n\t(ii)\tprescribed by the regulations for the purposes of this paragraph;\n\t(b)\twhere the proposed development is classified as restricted development by the Planning and Design Code;\n\t(c)\twhere the proposed development is to be undertaken in a part of the State that is not (wholly or in part) within the area of a council, other than in a case where a regional assessment panel has been constituted in relation to that part of the State;\n\t(d)\twhere the Commission, and an assessment panel appointed by a council or by the Minister in substitution for such an assessment panel, would, apart from this provision, both be constituted as relevant authorities in relation to the proposed development;\n\t(e)\twhere the Commission and an assessment panel appointed by a joint planning board would, apart from this provision, both be constituted as relevant authorities in relation to the proposed development;\n\t(f)\twhere the Commission and a regional assessment panel would, apart from this provision, both be constituted as relevant authorities in relation to the proposed development;\n\t(g)\twhere the Minister, acting at the request of a council or a joint planning board, declares, by notice served on the proponent, that the Minister desires the Commission to act as the relevant authority in relation to the proposed development;\n\t(h)\twhere, by notice served on the proponent—\n\t(i)\tthe Minister calls the proposed development in for assessment under this paragraph on a ground set out in subsection (2); or\n\t(ii)\tCGO calls the proposed development in for assessment under this paragraph on a ground set out in subsection (2) (other than paragraph (b)).\n\t(2)\tAny of the following grounds apply for the purposes of subsection (1)(h):\n\t(a)\tthe Minister or CGO (as the case requires) considers that the proposed development is of significance to the State because, in the opinion of the Minister or CGO—\n\t(i)\tthe development is of major social, economic or environmental importance; or\n\t(ii)\tthe development involves benefits, impacts or risks that are of significance to the State; or\n\t(iii)\tthe cumulative effect of the development, when considered in conjunction with any other development, project or activity already being undertaken or carried on, or proposed to be undertaken or carried on, at or within the vicinity of the relevant site, gives rise to issues that are of significance to the State; or\n\t(iv)\tthe development is directly related to—\n\t(A)\ta development that has already been called in by the Minister or CGO under this section; or\n\t(B)\ta development that is considered by the Minister or CGO as being of significance to the State;\n\t(b)\tthe Minister considers that the proposed development—\n\t(i)\twould have a significant impact on a matter arising under another Act; or\n\t(ii)\twill require assessment or approval under another Act as well as this Act;\n\t(c)\tthe Minister or CGO (as the case requires) considers that the proposed development would have a significant impact beyond the boundaries of a particular planning region or a particular council;\n\t(d)\tthe Minister or CGO (as the case requires) considers that the proposed development may have a significant impact on an aspect of a precinct under Part 2B of the Urban Renewal Act 1995;\n\t(e)\tan assessment panel appointed by a council or a joint planning board, or a regional assessment panel, has (in the opinion of the Minister or CGO (as the case requires)) failed to deal with an application for development authorisation within a reasonable period;\n\t(f)\tthe proposed development involves land situated in more than 1 planning region or the area of more than 1 council;\n\t(g)\tthe Minister or CGO (as the case requires) considers that it is otherwise necessary or appropriate for the proper assessment of the proposed development that the proposed development be assessed by the Commission.\n\t(3)\tIf the Minister or CGO acts under subsection (1)(h)—\n\t(a)\ta relevant authority already acting in relation to the proposed development under another paragraph of subsection (1) must, at the request of the Commission, provide the Commission with a report relating to any application for development authorisation that has been under consideration by the relevant authority; and\n\t(b)\tthe Commission in acting as the relevant authority in relation to the particular proposed development may, as it thinks fit, do either or both of the following:\n\t(i)\tadopt any assessment, finding or determination that was made by a relevant authority that has been acting in relation to the proposed development;\n\t(ii)\tcontinue to assess the proposed development from the stage reached immediately before the Minister or CGO (as the case requires) acted under that subsection.\n\t(4)\tThis section does not apply in a case where section 95 applies.\n95—Relevant authority—Minister\nWhere a proposed development is classified as impact assessed development (other than restricted development) then the Minister is the relevant authority.\n96—Relevant authority—assessment managers\nAn assessment manager may act as a relevant authority—\n\t(a)\tin cases contemplated by this Act; and\n\t(b)\tin cases prescribed or authorised by the regulations.\n97—Relevant authority—accredited professionals\nAn accredited professional may act as a relevant authority—\n\t(a)\tin cases contemplated by this Act; and\n\t(b)\tin cases prescribed or authorised by the regulations.\n98—Relevant authority—councils\nA council will act as a relevant authority as provided by section 99.\n99—Related provisions\n\t(a)\ta proposed development involves the performance of building work; and\n\t(b)\ta relevant authority determines to act under this subsection,\nthe relevant authority may—\n\t(c)\trefer the assessment of the development in respect of the Building Rules to the council for the area in which the proposed development is to be undertaken; or\n\t(d)\trequire that the assessment of the development in respect of the Building Rules be undertaken by a building certifier.\n\t(2)\tIf subsection (1) applies—\n\t(a)\tin the case of subsection (1)(c)—the council for the area in which the development is to be undertaken will be the relevant authority for the purposes of—\n\t(i)\tassessing the development against and, if appropriate, granting a consent in respect of, the relevant provisions of the Building Rules; and\n\t(ii)\tif appropriate, granting development approval; and\n\t(b)\tin the case of subsection (1)(d)—\n\t(i)\tthe building certifier will be the relevant authority for the purposes of assessing the development against and, if appropriate, granting a consent in respect of, the relevant provisions of the Building Rules; and\n\t(ii)\tthe council for the area in which the development is to be undertaken will be the relevant authority for the purposes of, if appropriate, granting development approval.\n\t(3)\tIn addition, where a proposed development is to be undertaken within the area of a council then, subject to the regulations, the council will be the relevant authority for the purposes of, if appropriate, granting the final development approval after all elements of the development have been approved by 1 or more relevant authorities under this section.\n\t(4)\tThe notice of a decision of a council granting a development approval must include the name and contact details of every other entity that has acted as a relevant authority in relation to that approval.\nThe Chief Executive is taken to be a relevant authority in certain circumstances—see section 242A.\n","sortOrder":14},{"sectionNumber":"Div 6","sectionType":"division","heading":"Delegations","content":"Division 6—Delegations\n100—Delegations\n\t(1)\tA relevant authority, other than an accredited professional, may delegate any functions or powers of the relevant authority under this Act.\n\t(d)\tis revocable at will and does not derogate from the power of the relevant authority to act in any matter.\n","sortOrder":15},{"sectionNumber":"Part 7","sectionType":"part","heading":"Development assessment—general scheme","content":"Part 7—Development assessment—general scheme\nDivision 1—Approvals\n101—Development must be approved under this Act\nSubject to this Act, no development may be undertaken unless the development is an approved development.\n102—Matters against which development must be assessed\n\t(1)\tSubject to this Act, a development is an approved development if, and only if, a relevant authority has assessed the development against, and granted a consent in respect of, each of the following matters (insofar as they are relevant to the particular development):\n\t(a)\t—\n\t(i)\tthe relevant provisions of the Planning Rules; and\n\t(ii)\tto the extent provided by Part 7 Division 2—the impacts of the development; and\n\t(iii)\tif relevant, requirements applying under Part 15 Division 2 (other than under section 198),\n(planning consent);\n\t(b)\tthe relevant provisions of the Building Rules (building consent);\n\t(c)\tin relation to a proposed division of land (otherwise than under the Community Titles Act 1996 or the Strata Titles Act 1988)—the requirement that the following requirements be satisfied (or will be satisfied by the imposition of conditions under this Act):\n\t(i)\trequirements set out in the Planning and Design Code made for the purposes of this provision are satisfied;\n\t(ii)\tany relevant requirements set out in a design standard has been satisfied;\n\t(iii)\tthe requirements of a water industry entity under the Water Industry Act 2012 identified under the regulations, and any requirements prescribed by the regulations, relating to the provision of water supply and sewerage services are satisfied;\nRequirements in respect of serviceability, timing, delivery of infrastructure or pricing relating to the provision of water supply and sewerage services may be the subject of an agreement, including under the Water Industry Act 2012 and the South Australian Water Corporation Act 1994.\n\t(iiia)\trequirements applying under section 198;\n\t(iv)\twhere land is to be vested in a council or other authority—the council or authority consents to the vesting;\n\t(v)\trequirements set out in regulations made for the purposes of this provision are satisfied;\n\t(d)\tin relation to a division of land under the Community Titles Act 1996 or the Strata Titles Act 1988—the requirement that the following requirements be satisfied (or will be satisfied by the imposition of conditions under this Act):\n\t(i)\trequirements set out in the Planning and Design Code made for the purposes of this provision are satisfied;\n\t(ii)\tany relevant requirements set out in a design standard has been satisfied;\n\t(iii)\tany encroachment of a lot or unit over other land is acceptable having regard to any provision made by the Planning and Design Code or a design standard;\n\t(iv)\twhere land is to be vested in a council or other authority—the council or authority consents to the vesting;\n\t(v)\ta building or item intended to establish a boundary (or part of a boundary) of a lot or lots or a unit or units is appropriate for that purpose;\n\t(vi)\tthe division of land under the Community Titles Act 1996 or the Strata Titles Act 1988 is appropriate having regard to the nature and extent of the common property that would be established by the relevant scheme;\n\t(vii)\tthe requirements of a water industry entity under the Water Industry Act 2012 identified under the regulations, and any requirements prescribed by the regulations, relating to the provision of water supply and sewerage services are satisfied;\nRequirements in respect of serviceability, timing, delivery of infrastructure or pricing relating to the provision of water supply and sewerage services may be the subject of an agreement, including under the Water Industry Act 2012 and the South Australian Water Corporation Act 1994.\n\t(viia)\trequirements applying under section 198;\n\t(viii)\tany building situated on the land complies with the Building Rules;\n\t(ix)\trequirements set out in the regulations made for the purposes of this provision are satisfied;\n\t(e)\tany encroachment of a building over, under, across or on a public place (and not otherwise dealt with above) is acceptable having regard to any provision made by the Planning and Design Code or a design standard;\n\t(g)\tsuch other matters as may be prescribed.\n\t(2)\tAn application may be made for all or any of the consents required for the approval of a proposed development, or for any 1 or more of those consents.\n\t(3)\tA relevant authority may, in relation to granting a planning consent, on its own initiative or on application, reserve its decision on a specified matter or reserve its decision to grant a planning consent—\n\t(b)\tuntil further assessment or consideration of the proposed development under another Act (including an Act of the Commonwealth); or\n\t(c)\tuntil a licence, permission, consent, approval, authorisation, certificate or other authority is granted, or not granted (by the decision of another authority), under another Act (including an Act of the Commonwealth).\n\t(4)\tA relevant authority must allow any matter specified by the Planning and Design Code for the purposes of this subsection to be reserved on the application of the applicant.\n\t(5)\tAny matter that is not fundamental to the nature of the relevant development may, subject to the Planning and Design Code, be reserved under subsection (3) or (4).\n\t(6)\tSubject to the regulations—\n\t(a)\tin relation to development that requires more than 1 consent under this Act, the consents need not be granted in any particular order; and\n\t(b)\tif a development involves 2 or more elements that will together require planning consent, each element may be assessed separately (including by different relevant authorities) and granted a planning consent with respect to that particular element.\n\t(8)\tA development will be taken to be an approved development when all relevant consents have been granted and a relevant authority has, in accordance with this Act, indicated that the development is approved.\n\t(9)\tThe provisions of the Building Rules that are relevant to the operation of subparagraph (viii) of paragraph (d) of subsection (1) are the provisions of the Building Rules as in force at the time the application was made for consent in respect of the matters referred to in that paragraph.\n\t(10)\tAn encroachment under subsection (1)(d)(iii) or (e) must not interfere with a property right without the consent of the person who, at the time that the consent is granted, is the holder of that right.\n\t(11)\tIn addition—\n\t(a)\tsubsection (10) does not apply in relation to an encroachment over public land; but\n\t(b)\tin the case of public land, the entity that has the care, control and management of the public land may impose a reasonable charge on account of the encroachment when the relevant development is undertaken.\n\t(12)\tIn this section—\npublic land means land that is under the care, control and management of—\n\t(a)\tan agency or instrumentality of the Crown; or\n\t(b)\ta council or other local government agency.\nDivision 2—Planning consent\nSubdivision 1—Categories of development\n103—Categories of development\nDevelopment will be divided into 3 categories for the purposes of assessment in relation to planning consent as follows:\n\t(a)\taccepted development;\n\t(b)\tcode assessed development;\n\t(c)\timpact assessed development.\nSubdivision 2—Accepted development\n104—Accepted development\n\t(1)\tDevelopment falls within the category of accepted development if it is classified by the Planning and Design Code or the regulations as accepted development.\n\t(2)\tAccepted development does not require planning consent.\nSubdivision 3—Code assessed development\n105—Categorisation\nDevelopment falls within the category of code assessed development if—\n\t(a)\tit is classified by the Planning and Design Code as deemed‑to‑satisfy development; or\n\t(b)\tit—\n\t(i)\tdoes not fall within the category of accepted development; and\n\t(ii)\tdoes not fall within the category of impact assessed development.\n106—Deemed-to-satisfy assessment\n\t(1)\tSubject to subsection (1a), if a proposed development is classified as deemed‑to‑satisfy development, the development must be granted planning consent.\n\t(1a)\tIf a design standard applies in relation to a proposed development, the development may be assessed as deemed‑to‑satisfy development under this section provided that planning consent in respect of the development is granted subject to conditions requiring the development to be consistent with the design standard.\n\t(2)\tIf a relevant authority is satisfied that development is deemed‑to‑satisfy development except for 1 or more minor variations, the relevant authority must assess it as being deemed‑to‑satisfy (and that determination will then have effect for the purposes of this Act).\n\t(3)\tA planning consent under this section must be granted without undertaking a process for public notification or submissions in relation to the proposed development.\n\t(4)\tA planning consent under this section will apply subject to conditions imposed under this Act and subject to such conditions or exceptions as may be prescribed by the regulations or the Planning and Design Code, and subject to any other provision made by this Act or applying under the regulations.\n\t(5)\tA condition under subsection (4) may provide that a proposed development assessed under subsection (2) will be undertaken so as to address any minor variation in order to make it consistent with the deemed‑to‑satisfy requirement.\n\t(6)\tNothing in this section requires the assessment of an element of a development that may be classified as accepted development.\n107—Performance assessed development\n\t(1)\tIn a case where proposed development is to be assessed as code assessed development and the development cannot be assessed, or fully assessed, as deemed‑to‑satisfy development, the development will be assessed on its merits against the Planning Rules.\n\t(2)\tIn connection with subsection (1)—\n\t(a)\tto the extent that 1 or more elements of the proposed development may be classified as deemed‑to‑satisfy under the Planning and Design Code (if any)—that part of the development will be taken to have been granted planning consent; and\n\t(b)\tto the extent that paragraph (a) does not apply (including on the basis that that paragraph does not apply at all)—the development will be assessed on its merits against the Planning and Design Code; and\n\t(c)\tto the extent that paragraph (b) applies—the development must not be granted planning consent if it is, in the opinion of the relevant authority, seriously at variance with the Planning and Design Code (disregarding minor variations).\n\t(3)\tIf a proposed development is to be assessed under this section—\n\t(a)\tsubject to a decision of a relevant authority made in accordance with a practice direction, notice of the application for planning consent must be given, in accordance with the regulations, to—\n\t(i)\tan owner or occupier of each piece of adjacent land; and\n\t(ii)\tmembers of the public by notice placed on the relevant land; and\n\t(b)\ta person may, in accordance with the regulations and within a period prescribed by the regulations, make representations to the relevant authority in relation to the granting or refusal of planning consent; and\n\t(c)\tif a representation is made under paragraph (b) (being a representation received in accordance with the regulations and within a period prescribed by the regulations), the relevant authority must forward to the applicant a copy of the representation and allow the applicant to respond, in accordance with the regulations and within a period prescribed by the regulations, to those representations.\n\t(4)\tThe subject matter of—\n\t(a)\tany notice required under subsection (3)(a); and\n\t(b)\tany representation under subsection (3)(b),\nmust be limited to what should be the decision of the relevant authority as to planning consent in relation to the performance based elements of the development as assessed on its merits (and a relevant authority should limit the matters that it will take into account in the same way).\n\t(5)\tIn addition, a representation that is not made in accordance with any requirement prescribed by the regulations for the purposes of this section is not required to be taken into account under this section.\n\t(6)\tThe Planning and Design Code may provide that subsection (3) or (4) (or both) do not apply, or apply with specified modifications, in respect of a specified class of development.\n\t(7)\tA planning consent under this section will apply subject to conditions imposed under this Act and subject to such conditions or exceptions as may be prescribed by the regulations or the Planning and Design Code, and subject to any other provision made by this Act or applying under the regulations.\n\t(8)\tTo avoid doubt, the fact that 1 or more elements of a proposed development may be classified as deemed‑to‑satisfy does not prevent a relevant authority deciding not to grant planning consent on account of the assessment of the balance of the development under this section.\n\t(9)\tA practice direction may specify the form of any notice to be given under this section.\n\t(10)\tNothing in this section requires the assessment of an element of a development that may be classified as accepted development\nSubdivision 4—Impact assessed development\n108—Categorisation\n\t(1)\tDevelopment falls within the category of impact assessed development if—\n\t(a)\tit is classified by the Planning and Design Code as restricted development; or\n\t(b)\tit is classified by the regulations as impact assessed development; or\n\t(c)\tit is declared by the Minister as being impact assessed development; or\n\t(d)\tit is declared under the State Development Coordination and Facilitation Act 2025 as being impact assessed development.\n\t(2)\tA declaration under subsection (1)(c)—\n\t(a)\tis made by notice published—\n\t(i)\tin the Gazette; and\n\t(ii)\ton the SA planning portal; and\n\t(b)\tto avoid doubt, may be made in relation to—\n\t(i)\ta development specified in the notice; or\n\t(ii)\ta kind of development specified in the notice (either in the State generally, or in a specified part of the State); or\n\t(iii)\tdevelopment generally within a specified part of the State.\n\t(3)\tIf the Minister proposes to make a declaration under subsection (1)(c) in respect of a development that will, if the development proceeds, be situated wholly or partly within the area of a council, the Minister must notify the council before making the declaration.\n\t(4)\tA declaration under subsection (1)(c) does not extend to development lawfully commenced by substantial work on the site of the development before publication of the notice published in the Gazette under subsection (2)(a)(i).\n\t(5)\tA regulation under subsection (1)(b) or a declaration under subsection (1)(c) cannot apply with respect to a development or project within the Adelaide Park Lands (within the meaning of the Adelaide Park Lands Act 2005).\n\t(6)\tThe Minister may vary or revoke a declaration under subsection (1)(c) by further notice published—\n\t(a)\tin the Gazette; and\n\t(b)\ton the SA planning portal.\n\t(7)\tA reference to development in connection with the operation of subsection (1)(c) extends to a project and, if a declaration is made under that subsection in relation to a project, a reference to \"development\" in the following sections of this Division specified by the regulations will be taken to include a reference to a project (subject to any modifications prescribed by the regulations).\n\t(8)\tThe prescribed fee is payable in accordance with the regulations when a development or project comes within the ambit of a declaration under subsection (1)(c).\n\t(9)\tThe Minister must, in acting under subsection (1)(c), take into account principles prescribed by the regulations.\n109—Practice direction to provide guidance\n\t(1)\tIn connection with the operation of this Subdivision, the Commission must publish a practice direction with respect to—\n\t(a)\tin relation to restricted development—\n\t(i)\tthe circumstances under which the Commission will be prepared to assess restricted development; and\n\t(ii)\tif an assessment is to be undertaken—how the Commission will proceed with the assessment (including requirements as to the information that must be provided by an applicant for a development authorisation and the other steps that an applicant must take); and\n\t(b)\tin relation to impact assessed development (not being restricted development)—\n\t(i)\trequirements as to the preparation of an EIS, including the level of detail that an EIS must address with respect to various classes of development; and\n\t(ii)\tany other requirements for assessing the level of impact of a development that is to be assessed as impact assessed development; and\n\t(iii)\tthe information that must be provided by the proponent at the various stages assessed under this Act; and\n\t(c)\tany other matter prescribed by the regulations.\n\t(2)\tThe Commission must, in acting under subsection (1)—\n\t(a)\ttake into account principles and requirements prescribed by the regulations; and\n\t(b)\tin relation to subsection (1)(b), classify the issues identified by the Commission as being relevant to the proper assessment of development according to categories of importance so as to indicate the levels of attention that should be given to those issues in the preparation of an EIS.\n110—Restricted development\n\t(1)\tThe Commission will determine, in relation to proposed development classified as restricted development, whether or not the development will be assessed and, if so, whether or not planning consent will be granted, and in doing so will act as the relevant authority under this Act.\n\t(2)\tSubject to this section, if proposed development is to be assessed as restricted development—\n\t(a)\tnotice of the application for planning consent must be given, in accordance with the regulations, to—\n\t(i)\tan owner or occupier of each piece of adjacent land; and\n\t(ii)\tany other owner or occupier of land which, according to the determination of the Commission, would be directly affected to a significant degree by development if it were to proceed; and\n\t(iii)\tany other person of a prescribed class; and\n\t(iv)\tthe public generally, including by notice placed on the relevant land; and\n\t(b)\ta person who is interested in doing so may, in accordance with the regulations and within a period prescribed by the regulations, make representations to the Commission in relation to the granting or refusal of planning consent; and\n\t(c)\tif a representation is made under paragraph (b) (being a representation received in accordance with the regulations and within a period prescribed by the regulations)—\n\t(i)\tthe Commission must forward to the applicant a copy of the representation and allow an applicant to respond, in accordance with the regulations and within a period prescribed by the regulations, to those representations; and\n\t(ii)\tthe Commission must allow the person who made the representation and who, as part of that representation, indicated an interest in appearing before the Commission, a reasonable opportunity to appear personally or by representative before it to be heard in support of the representation and, if the person so appears, the Commission must also allow the applicant a reasonable opportunity, on request, to appear personally or by representative before it in order to respond to any relevant matter.\n\t(3)\tIf a person is to appear personally or by representative before the Commission to be heard in support of a representation made, the Commission must, at least 5 business days before the appearance, ensure that—\n\t(a)\ta copy of the application and any accompanying documents; and\n\t(b)\ta copy of any report prepared by or on behalf of the Commission in relation to the application,\nare published on the SA planning portal and available for inspection and downloading without charge.\n\t(4)\tExcept as otherwise provided by the regulations, the subject matter of—\n\t(a)\tany notice required under subsection (2)(a); and\n\t(b)\tany representation under subsection (2)(b); and\n\t(c)\tany submissions made by a person who has made a representation under subsection (2)(c),\nmust be limited to what should be the decision of the Commission as to planning consent in relation to the development.\n\t(5)\tA representation that is not made in accordance with any requirement prescribed by the regulations for the purposes of this section is not required to be taken into account under this section.\n\t(6)\tIf a person makes a representation under subsection (2)(b) in relation to any development under this section, the Commission must—\n\t(a)\tgive the person notice of—\n\t(i)\tits decision on the application for development; and\n\t(ii)\tthe date of the decision; and\n\t(iii)\tthe person's appeal rights under this Act; and\n\t(b)\tgive to the Court notice of—\n\t(i)\tits decision on the application for development; and\n\t(ii)\tthe date of the decision; and\n\t(iii)\tthe names and addresses of the person or persons who made representations to the Commission under that subsection.\n\t(7)\tAn appeal against a decision on a development classified as restricted development by a person who is entitled to be given notice of the decision under subsection (6) must be commenced within 15 business days after the date of the decision.\n\t(8)\tIf an appeal is lodged against a decision on a development classified as restricted development by a person who is entitled to be given notice of the decision under subsection (6), the applicant for the relevant development authorisation must be notified by the Court of the appeal and will be a party to the appeal.\n\t(9)\tA decision of the Commission in respect of a development classified as restricted development in respect of which representations have been made under this section does not operate—\n\t(a)\tuntil the time within which any person who made any such representation may appeal against a decision to grant the development authorisation has expired; or\n\t(b)\tif an appeal is commenced—\n\t(i)\tuntil the appeal is dismissed, struck out or withdrawn; or\n\t(ii)\tuntil the questions raised by the appeal have been finally determined (other than any question as to costs).\n\t(10)\tThe Commission must, if it makes an assessment under this section in relation to any restricted development, take into account the relevant provisions of the Planning and Design Code (but is not bound by those provisions).\n\t(11)\tA planning consent under this section will apply subject to conditions imposed under this Act and subject to such conditions or exceptions as may be prescribed by the regulations or the Planning and Design Code, and subject to any other provision made by this Act or applying under the regulations.\n\t(12)\tTo avoid doubt, the fact that 1 or more elements of a proposed development may be classified as deemed‑to‑satisfy does not prevent the Commission deciding not to grant planning consent on account of the assessment of the development under this section.\n\t(13)\tThe Commission may determine the form of any notice to be given under this section.\n\t(14)\tThe Commission, acting through its delegate under section 30(3), may refuse an application that relates to proposed development classified as restricted development without proceeding to make an assessment of the application.\n\t(15)\tA decision to refuse an application under subsection (14) without proceeding to make an assessment is, on application under this subsection by the applicant, subject to review by the Commission itself.\n\t(16)\tAn application under subsection (15) must be made in a manner and form determined by the Commission and must be made within 1 month after the applicant receives notice of the decision under subsection (14) unless the Commission, in its discretion, allows an extension of time.\n\t(17)\tOn an application under subsection (15)—\n\t(a)\tthe Commission may adopt such procedures as the Commission thinks fit; and\n\t(b)\tthe Commission is not bound by the rules of evidence and may inform itself as it thinks fit.\n\t(18)\tThe Commission may, on a review under subsection (15)—\n\t(a)\taffirm the decision of its delegate; or\n\t(b)\trefer the matter back with a direction that the application for planning consent be assessed (and that direction will have effect according to its terms).\n\t(19)\tNo appeal to the Court lies against—\n\t(a)\ta decision of a delegate under subsection (14); or\n\t(b)\ta decision of the Commission under subsection (18).\n111—Impact assessment by Minister—procedural matters\n\t(1)\tThis section applies in relation to impact assessed development (not being restricted development).\n\t(2)\tIn a case where this section applies—\n\t(a)\tany application under Division 4 that relates to a development within the ambit of the relevant regulation or declaration automatically lapses and any relevant documentation that has been lodged with a relevant authority under that Division must be transmitted to the Minister in accordance with the regulations; and\n\t(b)\tDivision 4 and Division 5 will not apply in relation to a development within the ambit of the relevant regulation or declaration; and\n\t(c)\tsubject to section 108(4), any development authorisation previously given under this Part in relation to a development within the ambit of the relevant regulation or declaration ceases to have effect (unless otherwise provided by the regulations); and\n\t(d)\ta proponent must lodge with the Minister an application that complies with the following requirements:\n\t(i)\tthe application must be in a form determined by the Minister;\n\t(ii)\tthe application must include, or be accompanied by, any documents, assessments or information required by a practice direction published by the Commission in connection with this Subdivision;\n\t(iii)\tthe application must be accompanied by such plans, drawings, specifications or other documents as may be required by the Minister; and\n\t(e)\tan EIS must be prepared in relation to the proposed development.\n\t(3)\tThe Minister may subsequently require the proponent to provide such additional documents, assessments or information (including calculations and technical requirements) as the Minister thinks fit.\n\t(4)\tThe Minister will determine whether or not planning consent will be granted under this Act in relation to proposed development in a case where this section applies and, in doing so, will act as the relevant authority under this Act.\n\t(5)\tNothing in this section limits the operation of section 115(2)(a).\n112—Level of detail\nThe Commission will determine the level of detail required in relation to an EIS after taking into account—\n\t(a)\ta practice direction published by the Commission in connection with this Subdivision; and\n\t(b)\tany views expressed by a person or body prescribed by the regulations for the purposes of this paragraph; and\n\t(c)\tany views expressed by the proponent after consultation in accordance with the regulations.\n113—EIS process\n\t(1)\tThis section applies if an EIS must be prepared in relation to a proposed development.\n\t(2)\tThe Minister will, after consultation with the proponent—\n\t(a)\trequire the proponent to prepare the EIS; or\n\t(b)\tdetermine that the Minister will arrange for the preparation of the EIS.\n\t(3)\tThe EIS must be prepared in accordance with a practice direction published by the Commission in connection with this Subdivision.\n\t(4)\tThe EIS must, subject to any practice direction, include a statement of—\n\t(a)\tthe expected environmental, social and economic effects of the development;\n\t(b)\tthe expected effects of the development on the climate and any proposed measures designed to mitigate or address those effects;\n\t(c)\tthe extent to which the expected effects of the development are consistent with the provisions of—\n\t(i)\tany relevant state planning policy; and\n\t(ii)\tthe relevant regional plan; and\n\t(iii)\tthe Planning and Design Code; and\n\t(iv)\tany matters prescribed by the regulations;\n\t(d)\tif the development involves, or is for the purposes of, a prescribed activity of environmental significance as defined by the Environment Protection Act 1993, the extent to which the expected effects of the development are consistent with—\n\t(i)\tthe objects of the Environment Protection Act 1993; and\n\t(ii)\tthe general environmental duty under that Act; and\n\t(iii)\trelevant environment protection policies under that Act;\n\t(e)\tif the development is to be undertaken within an area of the State that is specifically subject to a special legislative scheme—the extent to which the expected effects of the development are consistent with the state planning policy that specifically relates to that special legislative scheme;\n\t(f)\tthe proponent's commitments to meet conditions (if any) that should be observed in order to avoid, mitigate or satisfactorily manage and control any potentially adverse effects of the development on the environment or any matter that may be directly relevant to a special legislative scheme;\n\t(g)\tother particulars in relation to the development required—\n\t(i)\tby the regulations; or\n\t(ii)\tby the Minister.\n\t(5)\tAfter the EIS has been prepared, the Minister—\n\t(a)\t—\n\t(i)\tmust, if the EIS relates to a development that involves, or is for the purposes of, a prescribed activity of environmental significance as defined by the Environment Protection Act 1993, refer the EIS to the Environment Protection Authority; and\n\t(ii)\tmust, in a case where subsection (4)(e) applies in relation to a special legislative scheme—refer the EIS to the Minister who is responsible for the administration of the Act in question; and\n\t(iii)\tmust refer the EIS to the relevant council (or councils), and to any prescribed authority or body; and\n\t(iv)\tmay refer the EIS to such other authorities or bodies as the Minister thinks fit,\nfor comment and report within the time prescribed by the regulations; and\n\t(b)\tmust ensure—\n\t(i)\tthat copies of the EIS are available for public inspection and purchase (during normal office hours) for at least a period specified or determined under the practice direction published by the Commission in connection with this Subdivision at a place or places determined by the Minister and, by public notice, give notice of the availability of copies of the EIS and invite interested persons to make written submissions to the Minister on the EIS within the time determined under the practice direction referred to above; and\n\t(ii)\tthat a copy of the EIS is published on the SA planning portal.\n\t(6)\tThe Minister may undertake, or require the proponent to undertake, any other consultation in relation to the EIS as the Minister thinks fit.\n\t(7)\tThe Minister must give to the proponent copies of all submissions made within a specified time limit.\n\t(8)\tThe proponent must then prepare a written response to—\n\t(a)\tmatters raised by a Minister, and any authority or body specified by the Minister, for consideration by the proponent; and\n\t(b)\tall submissions referred to the proponent under subsection (7),\nand provide a copy of that response to the Minister, which the Minister must ensure is published on the SA planning portal.\n\t(9)\tThe Chief Executive must then prepare a report (an Assessment Report) that sets out or includes—\n\t(a)\tthe Minister's assessment of the development; and\n\t(b)\tthe Minister's comments (if any) on—\n\t(i)\tthe EIS; and\n\t(ii)\tany submissions made under subsection (5); and\n\t(iii)\tthe proponent's response under subsection (8); and\n\t(c)\tcomments provided by the Environment Protection Authority, another Minister, a council or other authority or body for inclusion in the report; and\n\t(d)\tother comments or matter as the Minister or the Chief Executive thinks fit.\n\t(10)\tThe Chief Executive must—\n\t(a)\tnotify a person who made a written submission under subsection (5) of the availability of the Assessment Report; and\n\t(b)\tby public notice, give notice of the place or places at which copies of the Assessment Report are available for inspection and purchase; and\n\t(c)\tensure that a copy of the Assessment Report is published on the SA planning portal.\n\t(12)\tIf a proposed development to which an EIS relates will, if the development proceeds, be situated wholly or partly within the area of a council, the Chief Executive must give a copy of the EIS, the proponent's response under subsection (8) and the Assessment Report to the council.\n114—Amendment of EIS\n\t(1)\tAn EIS, and the relevant Assessment Report, may be amended at any time in order to—\n\t(a)\tcorrect an error; or\n\t(b)\ttake account of more accurate or complete data or technological or other developments not contemplated when the document was prepared; or\n\t(c)\ttake account of an alteration to the original proposal; or\n\t(d)\tupdate the document on account of the length of time that has passed since the document was prepared (or last updated); or\n\t(e)\tmake such other provision as may be necessary or appropriate given the content or purpose of an EIS or Assessment Report.\n\t(2)\tHowever—\n\t(a)\tthe Minister cannot amend an EIS prepared by a proponent but the proponent must, at the direction of the Minister, undertake a review of an EIS prepared by the proponent (and then make any appropriate amendments); and\n\t(b)\tif a proposed amendment would in the opinion of the Minister significantly affect the substance of the EIS, the amendment must not be made before interested persons have been invited, in accordance with the practice direction published by the Commission in connection with this Subdivision, to make written submissions on the amendment and the Minister has considered the submissions (if any) received in response to that invitation.\n\t(3)\tIf an EIS or Assessment Report is amended under this section, the Chief Executive must ensure that copies of the relevant document or documents (with the amendments) are published on the SA planning portal.\n\t(4)\tAn amendment under this section may include the addition, variation, substitution or deletion of material.\n115—Decision by Minister\n\t(1)\tThis section applies to a proposed development that is classified as impact assessed development (other than restricted development).\n\t(2)\tThe Minister may, in relation to a development to which this section applies—\n\t(a)\tindicate (at any time) that he or she will not grant a development authorisation for the development; or\n\t(b)\ton due application—\n\t(i)\tgrant a development authorisation required under this Act, subject to conditions (if any) determined by the Minister; or\n\t(ii)\trefuse approval to the development.\n\t(3)\tHowever, the Minister must not grant a development authorisation under this section unless—\n\t(a)\tan EIS, and an Assessment Report, have been prepared in relation to the development in accordance with the requirements of this Subdivision (as appropriate); or\n\t(b)\tthe Minister is satisfied that an appropriate EIS, and an Assessment Report, that encompass the development have previously been prepared.\n\t(4)\tIf more than 5 years have elapsed since an EIS that relates to a development to which this section applies was completed and placed on public exhibition, the document cannot be used for the purposes of subsection (3) unless or until it has been reviewed in order to see whether it should be amended (and, if amendment is found to be necessary, unless or until it is amended).\n\t(5)\tThe Minister must, before the Minister approves a development to which this section applies, have regard to—\n\t(a)\tany relevant state planning policy; and\n\t(b)\tthe relevant regional plan; and\n\t(c)\tthe provisions of the Planning Rules and the regulations (so far as they are relevant); and\n\t(d)\tthe Building Rules (so far as they are relevant); and\n\t(e)\tif the development involves, or is for the purposes of, a prescribed activity of environmental significance as defined by the Environment Protection Act 1993—\n\t(i)\tthe objects of the Environment Protection Act 1993; and\n\t(ii)\tthe general environmental duty under the Environment Protection Act 1993; and\n\t(iii)\tany relevant environment protection policies under the Environment Protection Act 1993; and\n\t(f)\tif the development is to be within an area of the State that is specifically subject to a special legislative scheme—the views of the Minister who is responsible for the administration of the Act in question; and\n\t(g)\tany relevant EIS, and the relevant Assessment Report,\nand may, in making a decision, take into account other matters considered relevant by the Minister.\n\t(6)\tThe Minister may grant a provisional development authorisation under this section, reserving a decision on a specified matter—\n\t(b)\tuntil further assessment or consideration of the proposed development under another Act; or\n\t(c)\tuntil a consent, approval, licence, permit or other authorisation is granted, or not granted (by the decision of another authority), under another Act.\n\t(7)\tThe Minister may—\n\t(a)\twhen determining what conditions should be attached to a development authorisation under this section, attach conditions that must be complied with in the future;\n\t(b)\t—\n\t(i)\tin relation to matters specified by the Minister when granting a development authorisation under this section; or\n\t(ii)\ton application of a person who has the benefit of a development authorisation under this section; or\n\t(iii)\tin relation to a matter that is relevant to the variation of a development authorisation under this section,\nvary or revoke conditions to which the development authorisation is subject or attach new conditions to the development authorisation.\n\t(8)\tThe Minister may, on the application of a person who has the benefit of the development authorisation under this section, vary a development authorisation that has been given under this section.\n\t(9)\tIf—\n\t(a)\tthe Minister gives a development authorisation under this section; but\n\t(b)\tthe development to which the development authorisation relates is not commenced by substantial work on the site of the development within the time specified by the regulations or, if a time is specified by the Minister as part of the development authorisation, within that time,\nthe Minister may, by notice in writing to any owner or occupier of the relevant land, cancel the development authorisation.\n\t(10)\tNo appeal lies against a decision under this section.\n\t(11)\tA person—\n\t(a)\twho undertakes development to which this section applies without the consent of the Minister; or\n\t(b)\twho undertakes development contrary to a development authorisation under this section; or\n\t(c)\twho contravenes, or fails to comply with, a condition on which a development authorisation was granted,\nis guilty of an offence.\nMaximum penalty: $120 000.\nDefault penalty: $1 000.\n\t(12)\tA person who has the benefit of a development must ensure that the development is used, maintained and operated in accordance with—\n\t(a)\tany development authorisation under this section; and\n\t(b)\tdocuments submitted for the purposes of this Division that are relevant to such development authorisation.\n116—Costs\nThe Minister may recover, as a debt due from the proponent, reasonable costs incurred in relation to—\n\t(a)\tthe preparation and publication of material relating to an EIS and an Assessment Report; and\n\t(b)\tthe making of a decision under section 115.\n117—Testing and monitoring\n\t(1)\tThis section applies to a development that has been subject to assessment as impact assessed development.\n\t(2)\tThe Minister may—\n\t(a)\tby notice in writing to a person—\n\t(i)\twho is undertaking a development to which this section applies; or\n\t(ii)\twho has the benefit of a development to which this section applies,\nrequire the person to do either or both of the following:\n\t(iii)\tto carry out specified tests and monitoring relevant to the development and to make specified reports to the Minister on the results of the tests and monitoring;\n\t(iv)\tto comply with the requirements of an audit program specified by the Minister to the satisfaction of the Minister;\n\t(b)\tafter giving notice in writing to a person—\n\t(i)\twho is undertaking a development to which this section applies; or\n\t(ii)\twho has the benefit of a development to which this section applies,\ncause to be carried out specified tests and monitoring relevant to the development.\n\t(3)\tA person to whom a notice is directed under subsection (2) must—\n\t(a)\tin the case of a notice under subsection (2)(a)—comply with the terms of the notice; or\n\t(b)\tin the case of a notice under subsection (2)(b)—provide reasonable assistance to facilitate the testing or monitoring specified in the notice.\nMaximum penalty: $15 000.\n\t(4)\tThe Minister may recover, as a debt due from a person who receives a notice under subsection (2)(b), reasonable costs incurred in carrying out tests and monitoring specified by that notice.\nDivision 3—Building consent\n118—Building consent\n\t(1)\tIf the regulations provide that a form of building work complies with the Building Rules, any such building work must be granted a building consent (subject to such conditions or exceptions as may be prescribed by the regulations).\n\t(2)\tSubject to subsection (6), a development that is at variance with the Building Rules must not be granted a building consent unless—\n\t(a)\tthe variance is with the performance requirements of the Building Code or a Ministerial building standard and the Commission concurs in the granting of the consent; or\n\t(b)\tthe variance is with a part of the Building Rules other than the Building Code or a Ministerial building standard and the relevant authority determines that it is appropriate to grant the consent despite the variance on the basis that it is satisfied—\n\t(i)\tthat—\n\t(A)\tthe provisions of the Building Rules are inappropriate to the particular building or building work, or the proposed building work fails to conform with the Building Rules only in minor respects; and\n\t(B)\tthe variance is justifiable having regard to the objects of the Planning and Design Code or the performance requirements of the Building Code or a Ministerial building standard (as the case may be) and would achieve the objects of this Act as effectively, or more effectively, than if the variance were not to be allowed; or\n\t(ii)\tin a case where the consent is being sought after the development has occurred—that the variance is justifiable in the circumstances of the particular case.\n\t(3)\tNo appeal lies against—\n\t(a)\ta refusal of concurrence by the Commission under subsection (2)(a); or\n\t(b)\ta refusal of building consent by a relevant authority if the Commission has refused its concurrence under subsection (2)(a); or\n\t(c)\ta condition attached to a consent or approval that is expressed to apply by virtue of a variance with the performance requirements of the Building Code or a Ministerial building standard.\n\t(4)\tA relevant authority may, at the request or with the agreement of the applicant, refer proposed building work to the Commission for an opinion on whether or not it complies with the performance requirements of the Building Code or a Ministerial building standard.\n\t(5)\tIn addition, regulations made for purposes of this subsection may provide that building work of a prescribed class must not be granted a building consent unless the Commission concurs in the granting of the consent.\n\t(6)\tIf an inconsistency exists between the Building Rules and the Planning Rules in relation to a State heritage place or a local heritage place—\n\t(a)\tthe Planning Rules prevail and the Building Rules do not apply to the extent of the inconsistency; but\n\t(b)\tthe relevant authority must, in determining an application for building rules consent, ensure, so far as is reasonably practicable, that standards of building soundness, occupant safety and amenity are achieved in respect of the development that are as good as can reasonably be achieved in the circumstances.\n\t(7)\tA relevant authority must seek and consider the advice of the Commission before imposing or agreeing to a requirement under subsection (6) that would be at variance with the performance requirements of the Building Code or a Ministerial building standard.\n\t(8)\tSubject to this Act, a relevant authority must accept that proposed building work complies with the Building Rules to the extent that—\n\t(a)\tsuch compliance is certified by the provision of technical details, particulars, plans, drawings or specifications prepared and certified in accordance with the regulations; or\n\t(b)\tsuch compliance is certified by a building certifier.\n\t(9)\tNo act or omission by a relevant authority in good faith in connection with the operation of subsections (6) or (8)(a) (other than where a certificate under subsection (8)(a) is given by a building certifier) subjects the relevant authority to any liability.\n\t(10)\tThe relevant authority may refuse to grant a consent in relation to any development if, as a result of that development, the type or standard of construction of a building of a particular classification would cease to conform with the requirements of the Building Rules for a building of that classification.\n\t(11)\tIf a relevant authority decides to grant building consent in relation to a development that is at variance with the Building Rules, the relevant authority must, subject to the regulations, in giving notice of its decision on the application for that consent, specify (in the notice or in an accompanying document)—\n\t(a)\tthe variance; and\n\t(b)\tthe grounds on which the decision is being made.\nDivision 4—Procedural matters and assessment facilitation\n119—Application and provision of information\n\t(1)\tAn application to a relevant authority for the purposes of this Part must—\n\t(a)\tbe in a form determined by the Minister for the purposes of this Act; and\n\t(b)\tinclude any information reasonably required by the relevant authority; and\n\t(c)\tbe lodged in the manner and accompanied by such plans, drawings, specifications or other documents as may be prescribed; and\n\t(d)\tbe accompanied by the appropriate fee.\n\t(2)\tNo fee is payable under this section in relation to an application made by the owner or occupier of land (the relevant land) in order to remove or cut back a part of a regulated tree that is located on adjoining land but is encroaching on to the relevant land.\n\t(3)\tA relevant authority may request an applicant—\n\t(a)\tto provide such additional documents, assessments or information (including calculations and technical details) as the relevant authority may reasonably require to assess the application;\n\t(b)\tto remedy any defect or deficiency in any application or accompanying document or information required by or under this Act;\n\t(c)\tto consult with an authority or body prescribed by the regulations;\n\t(d)\tto comply with any other requirement prescribed by the regulations.\n\t(4)\tIf—\n\t(a)\ta development is of a kind that is classified by the Planning and Design Code as deemed‑to‑satisfy development; and\n\t(b)\tthe development falls within a class of development prescribed by the regulations for the purposes of this subsection; and\n\t(c)\tthe applicant has complied with the requirements of subsection (1)(a), (c) and (d),\nthen the relevant authority must, in making an assessment as to planning consent, assess the application without requesting the applicant to provide additional documents or information.\n\t(a)\ta development falls within a class of development prescribed by the regulations for the purposes of this subsection; and\n\t(b)\tthe applicant has complied with the requirements of subsection (1)(a), (c) and (d),\n\t(c)\tthe relevant authority may, in making an assessment as to planning consent, only request the applicant to provide additional documents or information in relation to the application on 1 occasion; and\n\t(d)\tthe relevant authority must make that request within a period prescribed by the regulations.\n\t(6)\tIf a request is made under subsection (3)—\n\t(a)\tany period between the date of the request and the date of compliance is not to be included in the time within which the relevant authority is required to decide the application; and\n\t(b)\tif the request is not complied with within the time specified by the regulations, the relevant authority—\n\t(i)\tmay, subject to subparagraph (ii), refuse the application; and\n\t(ii)\tmust refuse the application in prescribed circumstances (including, if the regulations so provide, in a case involving development that is deemed‑to‑satisfy development).\n\t(7)\tA relevant authority should, in dealing with an application that relates to a regulated tree, unless the relevant authority considers that special circumstances apply, seek to make any assessment as to whether the tree is a significant tree without requesting the applicant to provide an expert or technical report relating to the tree.\n\t(8)\tA relevant authority should, in dealing with an application that relates to a regulated tree that is not a significant tree, unless the relevant authority considers that special circumstances apply, seek to assess the application without requesting the applicant to provide an expert or technical report relating to the tree.\n\t(9)\tA relevant authority may—\n\t(a)\tpermit an applicant—\n\t(i)\tto vary an application;\n\t(ii)\tto vary any plans, drawings, specifications or other documents that accompanied an application,\n(provided that the essential nature of the proposed development is not changed);\n\t(b)\tpermit an applicant to lodge an application without the provision of any information or document required by the regulations;\n\t(c)\tto the extent that the fee is payable to that relevant authority waive payment of whole or part of the application fee, or refund an application fee (in whole or in part);\n\t(d)\tif there is an inconsistency between any documents lodged with the relevant authority for the purposes of this Part (whether by an applicant or any other person), or between any such document and a development authorisation that has already been given that is relevant in the circumstances, return or forward any document to the applicant or to any other person and determine not to finalise the matter until any specified matter is resolved, rectified or addressed.\n\t(10)\tA relevant authority may grant a permission under subsection (9) unconditionally or subject to such conditions as the relevant authority thinks fit.\n\t(11)\tWithout limiting subsection (6), if—\n\t(a)\tan applicant requests time to address any issue related to the application (including so as to prepare and submit any variation); or\n\t(b)\tan applicant requires time to respond to any matter raised by a person or body in connection with the application under this Act,\nthen, subject to the regulations, the time required by the applicant is not to be included in the time within which the relevant authority is required to decide the application.\n\t(12)\tAn application, or a consent, may provide for, or envisage the undertaking of development in stages, with separate consents or approvals for the various stages.\n\t(13)\tAn application relating to a proposed development cannot be made by a person who is not the owner of the land constituting the site of the proposed development unless—\n\t(a)\tthe owner has consented to the making of the application; or\n\t(b)\tthe applicant is a prescribed person or body, or a person or body of a prescribed class; or\n\t(c)\tthe application is an application of a prescribed class, or made in prescribed circumstances.\n\t(14)\tAn applicant may withdraw an application (but, unless the relevant authority otherwise determines, the applicant is not entitled to a refund of the application fee in such a case).\n120—Outline consent\n\t(1)\tSubject to this section, a relevant authority may, on application, grant a consent in the nature of an outline consent.\n\t(2)\tAn outline consent may be granted in circumstances specified by a practice direction.\n\t(2a)\tA relevant authority may, in relation to granting an outline consent, on its own initiative or on application, reserve its decision on a specified matter or reserve its decision to grant an outline consent—\n\t(b)\tuntil further assessment or consideration of the proposed development under another Act (including an Act of the Commonwealth); or\n\t(c)\tuntil a licence, permission, consent, approval, authorisation, certificate or other authority is granted, or not granted (by the decision of another authority), under another Act (including an Act of the Commonwealth).\n\t(2b)\tA relevant authority must allow any matter specified by the Planning and Design Code for the purposes of this subsection to be reserved on the application of the applicant.\n\t(2c)\tAny matter that is not fundamental to the nature of the relevant development may, subject to the Planning and Design Code, be reserved under subsection (2a) or (2b).\n\t(3)\tIf an outline consent is granted and a subsequent application is made with respect to the same development (subject to any variations allowed by a practice direction), a relevant authority—\n\t(a)\tmust grant any consent contemplated by the outline consent; and\n\t(b)\tmust not impose a requirement that is inconsistent with the outline consent.\n\t(4)\tHowever, if—\n\t(a)\tthere has been a material change to 1 or more elements of the development; or\n\t(b)\ta new or additional matter requires assessment (subject to any variations allowed by a practice direction),\n\t(c)\tfurther notification and consultation may be required in accordance with any provision made by a practice direction; and\n\t(d)\tsubsection (3) will not apply to the extent that a new assessment must be made in the circumstances.\n\t(5)\tAn outline consent remains operative for a period specified by a practice direction.\n121—Design review\n\t(1)\tThis section applies in relation to development of a class specified by the Planning and Design Code.\n\t(2)\tA person who is considering the undertaking of development to which this section applies may apply to a design panel for advice.\n\t(3)\tAn application under this section must—\n\t(a)\tbe in a form determined by the Commission; and\n\t(b)\tinclude any information specified by the Commission; and\n\t(c)\tbe accompanied by the prescribed fee.\n\t(4)\tIf an application is made, a design panel will be established under a scheme determined by the Minister for the purposes of this section.\n\t(5)\tThe design panel may provide advice about 1 or more of the following:\n\t(a)\tthe form or content of the proposed development; and\n\t(b)\thow the proposed development might be changed or improved; and\n\t(c)\tother matters that may assist with the assessment of the development; and\n\t(d)\tsuch other matters as the design panel thinks fit.\n\t(6)\tA design panel may, in acting under this section, adopt such procedures as it thinks fit.\n\t(7)\tA relevant authority must, in acting under this Act, take into account any advice provided by a design panel (insofar as may be relevant to the assessment of proposed development by the relevant authority).\n\t(8)\tNo action may be brought against a member of a design panel on the basis of any advice or other action given or taken by a design panel under this section.\n122—Referrals to other authorities or agencies\n\t(1)\tThe regulations may provide, subject to this section, that where an application for consent to, or approval of, a proposed development of a prescribed class is to be assessed by a relevant authority—\n\t(a)\tthe relevant authority must refer the application, together with a copy of any relevant information provided by the applicant, to a body prescribed by the regulations (including, if so prescribed, the Commission); and\n\t(b)\tthe relevant authority must not make its decision until it has received a response from that prescribed body in relation to the matter or matters for which the referral was made (but if a response is not received from the body within a period prescribed by the regulations, it will be presumed, unless the body notifies the relevant authority within that period that the body requires an extension of time because of subsection (4) (being an extension equal to that period of time that the applicant takes to comply with a request under subsection (3)), that the body does not desire to make a response, or concurs (as the case requires)).\n\t(2)\tThe Governor must not prescribe a body (other than the Commission) under subsection (1)(a) unless—\n\t(a)\tthe Governor is satisfied that provisions about the policy or policies that the body will seek to apply in connection with the operation of this section have been included in the Planning and Design Code (recognising that a policy may not apply in all cases, or that a policy may need to be varied, adjusted or reconsidered in particular cases); or\n\t(b)\tthe Minister has indicated that the Minister is satisfied that a policy envisaged by paragraph (a) is not necessary or is not appropriate.\n\t(3)\tA prescribed body may, before it gives a response under this section, request the applicant—\n\t(a)\tto provide such additional documents or information (including calculations and technical details) as the prescribed body may reasonably require to assess the application; and\n\t(4)\tIf a request is made under subsection (3)—\n\t(a)\tthe prescribed body may specify a time within which the request must be complied with; and\n\t(b)\tthe prescribed body may, if it thinks fit, grant an extension of the time specified under paragraph (a).\n\t(5)\tThe regulations may, in relation to the operation of subsection (1)—\n\t(a)\tprovide that the relevant authority cannot consent to or approve the development without the concurrence of the prescribed body (which concurrence may be given by the prescribed body on such conditions as it thinks fit);\n\t(b)\tempower the prescribed body to direct the relevant authority—\n\t(i)\tto refuse the application; or\n\t(ii)\tif the relevant authority decides to consent to or approve the development—subject to any specific limitation under another Act as to the conditions that may be imposed by the prescribed body, to impose such conditions as the prescribed body thinks fit,\n(and the relevant authority must comply with any such direction).\n\t(6)\tIf a relevant authority acting by direction of a prescribed body refuses an application or imposes conditions in respect of a development authorisation—\n\t(a)\tthe relevant authority must notify the applicant that the application was refused, or the conditions imposed, by direction under this section; and\n\t(b)\tif the regulations so provide, no appeal lies against that refusal or those conditions.\n\t(7)\tIf a relevant authority is directed by a prescribed body to refuse an application and the refusal is the subject of an appeal under this Act, the prescribed body is a respondent to the appeal and the relevant authority may, on application, be joined as a party to the proceedings.\n\t(8)\tIf a relevant authority is directed by a prescribed body to impose a condition in respect of a development authorisation and the condition is the subject of an appeal under this Act, both the prescribed body and the relevant authority are respondents to the appeal.\n\t(9)\tA prescribed body acting under this section is only to deal with the matter or matters for which a referral was made to the extent that is relevant to the purpose of the referral and so as only to consider matters that are within its relevant field of expertise or operation.\n\t(10)\tAn applicant may request a relevant authority to defer a referral under this section to a particular stage in the process of assessment and, in such a case, the relevant authority must comply with the request.\n\t(11)\tHowever, a request under subsection (10) may not be made if it is inconsistent with any provision made by the regulations for the purposes of this subsection.\n\t(12)\tA relevant authority must ensure that a response from a prescribed body under this section is published on the SA planning portal and available for inspection and downloading without charge as soon as is reasonably practicable after a decision on the application is made under this Part.\n123—Preliminary advice and agreement\n\t(1)\tA person may seek the opinion of a prescribed body under section 122 in relation to proposed development before lodging an application for planning consent with respect to the development.\n\t(a)\ta proposed development is referred to a prescribed body under subsection (1); and\n\t(b)\tthe prescribed body agrees to consider the matter under this section after taking into account any matter prescribed by the regulations; and\n\t(c)\tthe prescribed body agrees, in the manner prescribed by the regulations, that the development meets the requirements (if any) of the prescribed body (including on the basis of the imposition of conditions),\nthen, subject to subsection (4)—\n\t(d)\tif an application for planning consent with respect to the development is lodged with the relevant authority within the prescribed period after the prescribed body has indicated its agreement under paragraph (c); and\n\t(e)\tif the relevant authority is satisfied that the application accords with the agreement indicated by the prescribed body (taking into account the terms or elements of that agreement and any relevant plans and other documentation),\nthe application will not be referred to the prescribed body under section 122.\n\t(3)\tA prescribed body under section 122 may, in connection with the operation of subsections (1) and (2)—\n\t(a)\trequire the payment of a fee prescribed by the regulations (if the prescribed body agrees to consider the matter under subsection (2)(b)); and\n\t(b)\tin relation to the proposed development—exercise any power (including the power to impose conditions) that it would be able to exercise if the development were to be referred to it under section 122.\n\t(4)\tAny agreement under this section will cease to have effect (and an application will need to be referred to a prescribed body under section 122 despite the operation of subsection (2)) if the relevant authority determines that the agreement is no longer appropriate due to the operation of section 132.\n\t(a)\ta prescribed body had indicated its agreement under this section; and\n\t(b)\tan application is not referred to the prescribed body under section 122 by virtue of the operation of subsection (2) of this section,\nthe process established by this section will be taken to be a referral under section 122 for the purposes of any other Act.\n124—Proposed development involving creation of fortifications\n\t(1)\tIf a relevant authority has reason to believe that a proposed development may involve the creation of fortifications, the relevant authority must refer the application for consent to, or approval of, the proposed development to the Commissioner of Police (the Commissioner).\n\t(2)\tSubject to subsection (3), the Commissioner must, as soon as possible after receipt of a referral under subsection (1)—\n\t(a)\tassess the application to determine whether or not the proposed development involves the creation of fortifications; and\n\t(b)\tadvise the relevant authority in writing of the Commissioner's determination.\n\t(3)\tThe Commissioner may, before making a determination under this section, request the applicant to provide such additional documents or information (including calculations and technical details) as the Commissioner may reasonably require to assess the application.\n\t(4)\tIf a request is made under subsection (3)—\n\t(a)\tthe Commissioner may specify a time within which the request must be complied with; and\n\t(b)\tthe Commissioner may, if he or she thinks fit, grant an extension of the time specified under paragraph (a).\n\t(5)\tIf the Commissioner determines that the proposed development involves the creation of fortification, the relevant authority must—\n\t(a)\tif the proposed development consists only of the creation fortifications—refuse the application; or\n\t(b)\tin any other case—impose conditions in respect of any consent to or approval of the proposed development prohibiting the creation of the fortifications.\n\t(6)\tIf a relevant authority acting on the basis of a determination of the Commissioner under subsection (2) refuses an application or imposes conditions in respect of a development authorisation, the relevant authority must notify the applicant that the application was refused, or the conditions imposed, on the basis of a determination of the Commissioner under this section.\n\t(7)\tIf a refusal or condition referred to in subsection (5) is the subject of an appeal under this Act—\n\t(a)\tthe Commissioner will be the respondent to the appeal; and\n\t(b)\tthe relevant authority may, if the Court permits, be joined as a party to the appeal.\n125—Time within which decision must be made\n\t(1)\tA relevant authority should deal with an application as expeditiously as possible and within the time prescribed by the regulations.\n\t(2)\tIf a relevant authority does not decide an application within the time prescribed under subsection (1) in respect of the provision of planning consent, the applicant may, before the application is decided, give the relevant authority a notice in the prescribed manner and form (a deemed consent notice) that states that planning consent should be granted.\n\t(3)\tOn the day that the relevant authority receives the deemed consent notice, the relevant authority is, subject to this section, taken to have granted the planning consent (a deemed planning consent).\n\t(4)\tThe relevant authority may, within 10 business days after receiving the deemed consent notice—\n\t(a)\tgrant the planning consent itself; or\n\t(b)\tgrant the planning consent subject to conditions.\n\t(5)\tThe deemed planning consent is taken to include—\n\t(a)\tany conditions that a relevant authority imposes under subsection (4)(b); or\n\t(b)\tif the relevant authority does not grant a planning consent under subsection (4)—any standard condition specified by a practice direction issued by the Commission for the purposes of this subsection.\n\t(6)\tIf—\n\t(a)\ta deemed planning consent is taken to have been granted under subsection (3); and\n\t(b)\ta relevant authority considers that the relevant application for planning consent should have been refused,\nthe relevant authority may apply to the Court for an order quashing the consent.\n\t(7)\tAn application under subsection (6) must be made within 1 month after the deemed planning consent is taken to have been granted unless the Court, in its discretion, allows an extension of time (and then the Court will determine the matter under section 205).\n\t(8)\tIf a relevant authority does not decide an application within the time prescribed under subsection (1) in respect of the provision of a development authorisation other than planning consent, the applicant may, after giving the relevant authority 14 days notice in accordance with the regulations, apply to the Court for an order requiring the relevant authority to make its determination within a time fixed by the Court.\n\t(9)\tIf the Court makes an order under subsection (8), the Court should also order the relevant authority to pay the applicant's costs of the proceedings unless the Court is satisfied—\n\t(a)\tthat the delay is not attributable to an act or omission of the relevant authority; or\n\t(b)\tthat the delay is attributable to a decision of the relevant authority not to deal with the application within the relevant time because—\n\t(i)\tit appeared to the relevant authority that there had been a failure to comply with a requirement prescribed by or under this Act; or\n\t(ii)\tthe relevant authority was not provided with appropriate documentation or information relevant to making a decision under this Act; or\n\t(iii)\tthe relevant authority believed, on other reasonable grounds, that it was not appropriate to decide the matter in the particular circumstances; or\n\t(c)\tthat an order for costs should not be made for some other reason.\n\t(10)\tThis section does not apply to or in relation to—\n\t(a)\timpact assessed development where the Minister is the relevant authority; or\n\t(b)\tdevelopment that involves a division of land that would create 1 or more additional allotments in an environment and food production area or a character preservation area.\n126—Determination of application\n\t(1)\tA relevant authority must, on making a decision on an application under this Part, give notice of the decision in accordance with the regulations (and, in the case of a refusal, the notice must include the reasons for the refusal and any appeal rights that exist under this Act).\n\t(2)\tA development authorisation under this Part remains operative for a period prescribed by the regulations.\n\t(3)\tA relevant authority may, on its own initiative or on the application of a person who has the benefit of any relevant development authorisation, extend a period prescribed under subsection (2).\n\t(4)\tA court may, on the application of a person who is a party to proceedings before the court which relate to any matter arising under this Act, extend a period prescribed under subsection (2).\nDivision 5—Conditions\n127—Conditions\n\t(1)\tA decision under this Part is subject to such conditions (if any)—\n\t(a)\tas a relevant authority thinks fit to impose in relation to the development; or\n\t(b)\tas may be specified by any practice direction or otherwise imposed under another provision of this Act.\n\t(2)\tAny such condition—\n\t(a)\tin the case of a condition under subsection (1)(a)—must be consistent with any practice direction published by the Commission for the purposes of this section (and, for the purposes of this paragraph, a practice direction may prohibit certain conditions or classes of condition); and\n\t(b)\tis binding on, and enforceable against—\n\t(i)\tthe person by whom the development is undertaken; and\n\t(ii)\tany person who acquires the benefit of the decision or the development; and\n\t(iii)\tthe owners and occupiers of the land on which the development is undertaken; and\n\t(c)\tmay continue to apply in relation to the development unless or until it is varied or revoked by the relevant authority in accordance with an application under this Part.\n\t(3)\tSubject to a preceding subsection, a relevant authority may, for example, approve a development subject to a condition—\n\t(a)\tthat regulates or restricts the use of any land or building subject to development; or\n\t(b)\tthat provides for the management, preservation or conservation of any land or building subject to development; or\n\t(c)\tthat regulates maintenance of any land or building subject to development; or\n\t(d)\tif the applicant is seeking approval for a temporary development—that provides that, at a future time specified in the condition—\n\t(i)\tthe previous use of the land will revive, or a use of the land will cease; and\n\t(ii)\tany person who has the benefit of the development will restore the land to the state in which it existed immediately before the development.\n\t(3a)\tA relevant authority must, in granting development authorisation for a relevant residential development within 60 m of a boundary of a designated live music venue, impose a condition that the development include noise attenuation measures in accordance with the Minister's noise attenuation requirements.\n\t(3b)\tFor the purposes of subsection (3a), the Minister must publish on the SA planning portal the Minister's noise attenuation requirements.\n\t(4)\tSubject to subsections (6) and (8), if a development authorisation provides for the killing, destruction or removal of a regulated tree or a significant tree, the relevant authority must apply the principle that the development authorisation be subject to a condition that the prescribed number of trees (of a kind determined by the relevant authority) must be planted and maintained to replace the tree (with the cost of planting to be the responsibility of the applicant or any person who acquires the benefit of the consent and the cost of maintenance to be the responsibility of the owner of the land).\n\t(5)\tA tree planted under subsection (4) must satisfy any criteria prescribed by the regulations (which may include criteria that require that any such tree not be of a species prescribed by the regulations).\n\t(6)\tThe relevant authority may, on the application of the applicant, determine that a payment of an amount calculated in accordance with the regulations be made into the relevant fund in lieu of planting 1 or more replacement trees under subsection (4) (and the requirements under subsection (4) will then be adjusted accordingly).\n\t(7)\tFor the purposes of subsection (6), the relevant fund is—\n\t(a)\tunless paragraph (b) applies—an urban trees fund for the area where the relevant tree is situated;\n\t(i)\tan urban trees fund has not been established for the area where the relevant tree is situated; or\n\t(ii)\tthe relevant authority is the Commission or an assessment panel appointment by the Minister or a joint planning board,\nthe Planning and Development Fund.\n\t(8)\tSubsections (4) and (6) do not apply if—\n\t(a)\tthe relevant tree is of a class excluded from the operation of those subsections by the regulations; or\n\t(b)\tthe relevant authority determines that it is appropriate to grant an exemption under this subsection in a particular case after taking into account any criteria prescribed by the regulations and the Minister concurs in the granting of the exemption.\ndesignated live music venue means a venue or place within the designated live music venue area that is designated by the Minister in the Minister's noise attenuation requirements;\ndesignated live music venue area means the area of land bounded by the bold black line on the map set out in Schedule 4A;\nrelevant residential development means development primarily for residential purposes but does not include development primarily for the purposes of a hotel or motel or to provide any other form of temporary residential accommodation for valuable consideration.\nDivision 6—Variation of authorisation\n128—Variation of authorisation\n\t(1)\tSubject to subsection (2), a person may seek the variation of a development authorisation previously given under this Act (including by seeking the variation of a condition imposed with respect to the development authorisation).\n\t(2)\tAn application to which subsection (1) applies—\n\t(a)\tmay only be made if the relevant authorisation is still operative; and\n\t(b)\twill, for the purposes of this Part, but subject to any exclusion or modification prescribed by the regulations and any other provision made by the regulations, to the extent of the proposed variation (and not so as to provide for the consideration of other elements or aspects of the development or the authorisation), be treated as a new application for development authorisation; and\n\t(c)\tin a case where the development to which the development authorisation previously given was classified by the Planning and Design Code as restricted development—must also be dealt with as restricted development if any representations were made under section 110(2)(b), unless the Commission (as the relevant authority) determines that no such representation related to any aspect of the development that is now under consideration on account of the application for variation and that, in the circumstances, the level of notification and consultation envisaged by section 110 is not required; and\n\t(d)\tunless otherwise approved by the relevant authority, cannot seek to extend the period for which the relevant authorisation remains operative.\n","sortOrder":16},{"sectionNumber":"Part 8","sectionType":"part","heading":"Development assessment—essential infrastructure","content":"Part 8—Development assessment—essential infrastructure\nDivision 1—Development assessment—standard designs\n129—Development assessment—standard designs\ninfrastructure reserve means—\n\t(a)\tland identified in the Planning and Design Code as having a land use that is specified as being suitable for infrastructure; or\n\t(b)\tland that is subject to a statutory easement;\nstatutory easement means an easement under an Act that is brought within the ambit of this definition by the regulations.\n\t(2)\tFor the purposes of this section, the Minister may, on the recommendation of the Commission, adopt a design standard relating to any infrastructure or class of infrastructure (a standard infrastructure design).\n\t(3)\tThe following provisions may apply in relation to proposed development to be undertaken for the purposes of essential infrastructure—\n\t(a)\tif the proposed development is to be undertaken within an infrastructure reserve—an assessment against the Planning Rules, and planning consent, are not required; and\n\t(b)\tif the proposed development is consistent with a standard infrastructure design and to be undertaken within an infrastructure reserve where that design is recognised as being permitted within that reserve—an accredited professional may (if qualified under this Act) act as a relevant authority for the purposes of granting any relevant development authorisation.\n\t(4)\tThis section does not apply to any development within the Adelaide Park Lands, within the meaning of the Adelaide Park Lands Act 2005 (and any such development must be assessed under Part 7).\nDivision 2—Essential infrastructure—alternative assessment process\n130—Essential infrastructure—alternative assessment process\n\t(1)\tThis section applies to essential infrastructure of a prescribed class.\n\t(2)\tA person who proposes to undertake development with respect to the provision of essential infrastructure to which this section applies (a proponent) may apply to the Commission for an approval under this section.\n\t(3)\tThe application must contain the prescribed particulars.\n\t(4)\tThe Commission may request the proponent to provide additional documents or information (including calculations and technical details) in relation to the application.\n\t(4a)\tThe Minister or Commission may, before an application is approved or refused under this section, permit the applicant to vary the application (including any plans, drawings, specifications or other documents that accompanied the application), provided that the essential nature of the proposed development is not changed.\n\t(4b)\tPermission under subsection (4a) may be granted unconditionally or subject to such conditions as the Minister or Commission thinks fit.\n\t(5)\tIf an application relates to development within the area of a council, the Commission must give notice containing prescribed particulars of the development to the council in accordance with the regulations.\n\t(6)\tA council may report to the Commission on any matters contained in a notice under subsection (5).\n\t(7)\tWhere a notice is given to a council under subsection (6), and a report from the council is not received by the Commission within 4 weeks of the date of the notice, it will be conclusively presumed that the council does not intend to report on the matter.\n\t(8)\tThe Commission must assess an application lodged with it under this section.\n\t(9)\tThe regulations may provide that where an application relates to a proposed development of a prescribed class, the Commission must refer the application, together with a copy of any relevant information provided by the proponent, to a body prescribed by the regulations for comment and report within the time prescribed by the regulations.\n\t(10)\tA prescribed body may, before it provides a report under subsection (9), request the proponent—\n\t(a)\tto provide additional documents or information (including calculations and technical details) in relation to the application; and\n\t(11)\tIf an application is referred to a prescribed body under subsection (9) and a report from the prescribed body is not received by the Commission within a period determined under the regulations, it will be conclusively presumed that the prescribed body does not intend to report on the matter.\n\t(12)\tIf an application is for a development that involves construction work where the total amount to be applied to the work will, when all stages are complete, exceed $10 000 000, other than an application for a variation to an approved development that, in the opinion of the Commission, is of a minor nature, the Commission must—\n\t(a)\tby public advertisement, invite interested persons to make written submissions to it on the proposal within a period of at least 15 business days; and\n\t(b)\tallow a person who has made a written submission to it within that period and who, as part of that submission, has indicated an interest in appearing before it, a reasonable opportunity to appear personally or by representative before the Commission to be heard in support of his or her submission; and\n\t(c)\tgive due consideration in its assessment of the application to any submissions made by interested persons as referred to in paragraph (a) or (b).\n\t(13)\tThe Commission will then prepare a report to the Minister on the matter.\n\t(14)\tIf a council has, in relation to any matters referred to the council under subsection (5), expressed opposition to the proposed development in its report under subsection (6), a copy of the report must be attached to the Commission's report (unless the council has, since providing its report, withdrawn its opposition).\n\t(15)\tIf a prescribed body has provided a report under subsection (9), a copy of the report must also be attached to the Commission's report.\n\t(16)\tThe Commission must, unless the Minister grants an extension of time, furnish its report within the time prescribed by the regulations.\n\t(17)\tIf a request is made under subsection (4), any period between the date of request and the date of compliance is not to be included in the calculation of the period under subsection (16).\n\t(18)\tThe Minister may, after receipt of the report of the Commission under this section (and after taking such action (if any) as the Minister thinks fit)—\n\t(a)\tapprove the development; or\n\t(b)\trefuse to approve the development.\n\t(19)\tAn approval may be given—\n\t(a)\tfor the whole or part of a proposed development;\n\t(b)\tsubject to such conditions as the Minister thinks fit.\n\t(19a)\tThe Minister may, on the application of a person who has the benefit of an approval under this section, vary or revoke the approval or a condition of the approval.\n\t(20)\tAn approval under this section will be taken to be given subject to the condition that, before any building work is undertaken, the building work be certified by a building certifier, or by some person determined by the Minister for the purposes of this provision, as complying with the provisions of the Building Rules to the extent that is appropriate in the circumstances.\n\t(20a)\tAn approval under this section that involves building work will also be taken to be given subject to the condition that the proponent provides the relevant technical details, particulars, plans, drawings and specifications to the person responsible for certifying the building work for the purposes of subsection (20)—\n\t(a)\tbefore any building work is undertaken; and\n\t(b)\tif relevant, at any other time required by the Minister.\n\t(21)\tA person acting under subsection (20) must—\n\t(a)\tseek and consider the advice of the Commission before giving a certificate in respect of building work that would be at variance with the performance requirements of the Building Code; and\n\t(b)\ttake into account the criteria, and comply with any requirement, prescribed by the regulations before giving a certificate in respect of building work that would otherwise involve a variance with the Building Rules,\nand if the person gives a certificate that involves building work that is at variance with the Building Rules then the person must, subject to the regulations, specify the variance in the certificate.\n\t(22)\tA person engaged to perform building work for a development approved under this section must—\n\t(a)\tensure that the building work is performed in accordance with technical details, particulars, plans, drawings and specifications certified for the purposes of subsection (20); and\n\t(b)\tcomply with the Building Rules (subject to any certificate under subsection (20) that provides for a variance with the Building Rules), and any other requirements imposed under this section.\n\t(23)\tA person must not contravene, or fail to comply with, a condition of an approval under this section.\n\t(24)\tSubject to subsection (24a), if the Minister approves a development under this section, no other procedure or requirement relating to the assessment of the development under this Act applies and no other development authorisation (including a certificate or approval under Part 11) is required under this Act, although the Minister may, if necessary for the purposes of any other Act, issue any other development authorisation under this Act (which will then be taken, for the purposes of that other Act, to have been issued by a relevant authority under this Act).\n\t(24a)\tDespite subsection (24), the Minister may, in connection with approving a development under this section, determine that a certificate or approval under Part 11 is required in respect of the development.\n\t(25)\tDespite a preceding subsection, if the Minister directs that an EIS be prepared with respect to a development otherwise within the ambit of this section then—\n\t(a)\tthis section ceases to apply to the development; and\n\t(b)\tthe proponent must not undertake the development without the approval of the Minister under section 115 (as if the development were classified as impact assessed development); and\n\t(c)\tunless section 115(2)(a) applies, the development becomes subject to the processes and procedures under this Act with respect to the preparation and consideration of an EIS; and\n\t(d)\tany amendment to the application is to be treated as an amendment under section 114 (provided that, if an amendment is proposed before the EIS is prepared, the amendment may be permitted in accordance with section 119(9)).\n\t(26)\tNo appeal lies against a decision of the Minister under this section.\n\t(27)\tThis section does not limit—\n\t(a)\tthe ability of a person to apply for the assessment and approval of essential infrastructure under Part 7; or\n\t(b)\tthe ability of a person to proceed under Division 1 of the Part.\n\t(28)\tThis section does not apply to any development within the Adelaide Park Lands, within the meaning of the Adelaide Park Lands Act 2005 (and any such development must be assessed under Part 7).\n","sortOrder":17},{"sectionNumber":"Part 9","sectionType":"part","heading":"Development assessment—Crown development","content":"Part 9—Development assessment—Crown development\n131—Development assessment—Crown development\nthe Crown means the Crown in right of the State;\nState agency means—\n\t(a)\tthe Crown or a Minister of the Crown;\n\t(b)\tan agency or instrumentality of the Crown (including a Department or administrative unit of the State);\n\t(c)\tany other prescribed person or prescribed body acting under the express authority of the Crown,\nbut does not include a person or body excluded from the ambit of this definition by regulation.\n\t(2)\tSubject to this section, if—\n\t(a)\ta State agency proposes to undertake development (other than in partnership or joint venture with a person or body that is not a State agency); or\n\t(b)\ta State agency proposes to undertake development for the purposes of the provision of essential infrastructure (whether or not in partnership or joint venture with a person or body that is not a State agency); or\n\t(c)\ta person proposes to undertake development initiated or supported by a State agency for the purposes of the provision of essential infrastructure and specifically endorsed by the State agency for the purposes of this section,\nthe State agency must lodge an application for approval containing prescribed particulars with the Commission.\n\t(3)\tSubject to subsection (4), this section does not apply to or in relation to proposed development if—\n\t(a)\tthe development is accepted development or deemed‑to‑satisfy development under Part 7 Division 2; and\n\t(b)\tthe relevant State agency determines to proceed with the assessment and approval of the development under Part 7 or Part 8 Division 1 (and any other related provisions of this Act).\n\t(4)\tNo application for approval is required (either under this section or any other provision of this Act), and no notice to a council is required under subsection (6), if the development is of a kind excluded from the provisions of this section by regulation.\n\t(5)\tThe Commission may request the State agency to provide additional documents or information (including calculations and technical details) in relation to the application.\n\t(5a)\tThe Minister or Commission may, before an application is approved or refused under this section, permit the applicant to vary the application (including any plans, drawings, specifications or other documents that accompanied the application), provided that the essential nature of the proposed development is not changed.\n\t(5b)\tPermission under subsection (5a) may be granted unconditionally or subject to such conditions as the Minister or Commission thinks fit.\n\t(6)\tIf an application relates to development within the area of a council, the Commission must give notice containing prescribed particulars of the development to the council in accordance with the regulations.\n\t(7)\tA council may report to the Commission on any matters contained in a notice under subsection (6).\n\t(8)\tWhere a notice is given to a council under subsection (6), and a report from the council is not received by the Commission within 4 weeks of the date of the notice, it will be conclusively presumed that the council does not intend to report on the matter.\n\t(9)\tThe Commission must assess an application lodged with it under this section.\n\t(10)\tThe regulations may provide that where an application relates to a proposed development of a prescribed class, the Commission must refer the application, together with a copy of any relevant information provided by the State agency, to a body prescribed by the regulations for comment and report within the time prescribed by the regulations.\n\t(11)\tA prescribed body may, before it provides a report under subsection (10), request the State agency—\n\t(a)\tto provide additional documents or information (including calculations and technical details) in relation to the application; and\n\t(12)\tIf an application is referred to a prescribed body under subsection (10) and a report from the prescribed body is not received by the Commission within a period determined under the regulations, it will be conclusively presumed that the prescribed body does not intend to report on the matter.\n\t(13)\tIf an application is for a development that involves construction work where the total amount to be applied to the work will, when all stages are completed, exceed $10 000 000, other than an application for a variation to an approved development that, in the opinion of the Commission, is of a minor nature, the Commission must—\n\t(a)\tby public notice, invite interested persons to make written submissions to it on the proposal within a period of at least 15 business days; and\n\t(b)\tallow a person who has made a written submission to it within that period and who, as part of that submission, has indicated an interest in appearing before it, a reasonable opportunity to appear personally or by representative before the Commission to be heard in support of his or her submission; and\n\t(c)\tgive due consideration in its assessment of the application to any submissions made by interested persons as referred to in paragraph (a) or (b).\n\t(14)\tThe Commission will then prepare a report to the Minister on the matter.\n\t(15)\tIf a council has, in relation to any matters referred to the council under subsection (6), expressed opposition to the proposed development in its report under subsection (7), a copy of the report must be attached to the Commission's report (unless the council has, since providing its report, withdrawn its opposition).\n\t(16)\tIf a prescribed body has provided a report under subsection (10), a copy of the report must also be attached to the Commission's report.\n\t(17)\tThe Commission must, unless the Minister grants an extension of time, furnish its report within the time prescribed by the regulations.\n\t(18)\tIf a request is made under subsection (5), any period between the date of request and the date of compliance is not to be included in the calculation of the period under subsection (17).\n\t(19)\tThe Minister may, after receipt of the report of the Commission under this section (and after taking such action (if any) as the Minister thinks fit)—\n\t(a)\tapprove the development; or\n\t(b)\trefuse to approve the development.\n\t(20)\tAn approval may be given—\n\t(a)\tfor the whole or part of a proposed development;\n\t(b)\tsubject to such conditions as the Minister thinks fit.\n\t(20a)\tThe Minister may, on the application of a person who has the benefit of an approval under this section, vary or revoke the approval or a condition of the approval.\n\t(21)\tAn approval under this section will be taken to be given subject to the condition that, before any building work is undertaken, the building work be certified by a building certifier, or by some person determined by the Minister for the purposes of this provision, as complying with the provisions of the Building Rules to the extent that is appropriate in the circumstances.\n\t(21a)\tAn approval under this section that involves building work will also be taken to be given subject to the condition that the proponent provides the relevant technical details, particulars, plans, drawings and specifications to the person responsible for certifying the building work for the purposes of subsection (21)—\n\t(a)\tbefore any building work is undertaken; and\n\t(b)\tif relevant, at any other time required by the Minister.\n\t(22)\tA person acting under subsection (21) must—\n\t(a)\tseek and consider the advice of the Commission before giving a certificate in respect of building work that would be at variance with the performance requirements of the Building Code; and\n\t(b)\ttake into account the criteria, and comply with any requirement, prescribed by the regulations before giving a certificate in respect of building work that would otherwise involve a variance with the Building Rules,\nand if the person gives a certificate that involves building work that is at variance with the Building Rules then the person must, subject to the regulations, specify the variance in the certificate.\n\t(23)\tA person engaged to perform building work for a development approved under this section must—\n\t(a)\tensure that the building work is performed in accordance with technical details, particulars, plans, drawings and specifications certified for the purposes of subsection (21); and\n\t(b)\tcomply with the Building Rules (subject to any certificate under subsection (21) that provides for a variance with the Building Rules), and any other requirements imposed under this section.\n\t(24)\tSubject to subsection (24a), if the Minister approves a development under this section, no other procedure or requirement relating to the assessment of the development under this Act applies and no other development authorisation (including a certificate or approval under Part 11) is required under this Act, although the Minister may, if necessary for the purposes of any other Act, issue any other development authorisation under this Act (which will then be taken, for the purposes of that other Act, to have been issued by a relevant authority under this Act).\n\t(24a)\tDespite subsection (24), the Minister may, in connection with approving a development under this section, determine that a certificate or approval under Part 11 is required in respect of the development.\n\t(25)\tDespite a preceding subsection, if the Minister directs that an EIS be prepared with respect to a development otherwise within the ambit of this section, then—\n\t(a)\tthis section ceases to apply to the development; and\n\t(b)\tthe State agency must not undertake the development without the approval of the Minister under section 115 (as if the development were classified as impact assessed development); and\n\t(c)\tunless section 115(2)(a) applies, the development becomes subject to the procedures under this Act with respect to the preparation and consideration of an EIS; and\n\t(d)\tany amendment to the application is to be treated as an amendment under section 114 (provided that, if an amendment is proposed before the EIS is prepared, the amendment may be permitted in accordance with section 119(9)).\n\t(26)\tNo appeal lies against a decision of the Minister under this section.\n\t(27)\tSubject to subsection (28), this section does not apply to any development within the Adelaide Park Lands, within the meaning of the Adelaide Park Lands Act 2005 (and any such development must be assessed under Part 7).\n\t(28)\tSubsection (27) does not apply—\n\t(a)\tso as to exclude the Governor making a regulation under subsection (4) with respect to minor works of a prescribed kind; or\n\t(b)\tso as to exclude from the operation of this section development within any part of the Institutional District of the City of Adelaide that has been identified by regulations made for the purposes of this paragraph by the Governor on the recommendation of the Minister.\n\t(29)\tBefore making a recommendation to the Governor to make a regulation identifying a part of the Institutional District of the City of Adelaide for the purposes of subsection (28)(b), the Minister must take reasonable steps to consult with the Adelaide Park Lands Authority.\n\t(30)\tA regulation under subsection (28)(b) cannot apply with respect to any part of the Institutional District of the City of Adelaide that is under the care, control or management of The Corporation of the City of Adelaide.\n\t(31)\tFor the purposes of this section, the Institutional District of the City of Adelaide is constituted by those parts of the area of The Corporation of the City of Adelaide that are identified and defined as—\n\t(a)\tthe Riverbank Zone; and\n\t(b)\tthe Institutional (Government House) Zone; and\n\t(c)\tthe Institutional (University/Hospital) Zone,\nby the Development Plan that relates to the area of that Council, as that Development Plan existed on 24 September 2015.\n","sortOrder":18},{"sectionNumber":"Part 10","sectionType":"part","heading":"Development assessment and approval—related provisions","content":"Part 10—Development assessment and approval—related provisions\nDivision 1—General principles\n132—Law governing proceedings under this Act\n\t(a1)\tThis section applies subject to the regulations.\n\t(1)\tIf an application is made for a development authorisation under this Act, the law to be applied in deciding the application and the law to be applied in resolving any issues arising from the decision in any proceedings (whether brought under this Act or not) is the law (including legislative instruments) in force as at the time the application was made.\n\t(2)\tThe provisions of the Planning Rules that are relevant to the consideration of an application for a planning consent and to the resolution of issues arising in subsequent proceedings based on that application (whether brought under this Act or not) are the provisions of the Planning Rules as in force at the time the application was made.\n\t(3)\tThe provisions of the Building Rules that are relevant to the consideration of an application for a building consent and to the resolution of issues arising in subsequent proceedings based on that application (whether brought under this Act or not) are the provisions of the Building Rules as in force at the time the application was made.\n\t(4)\tIf a place that is the subject of an application for development authorisation under this Act becomes a State heritage place within the meaning of this Act, the place will be taken to have been a State heritage place for the purposes of this section at the time the application was made.\n\t(5)\tIf a place that is the subject of an application for development authorisation under this Act becomes subject to an order under the Heritage Places Act 1993 that requires a person to stop any work or activity, or prohibits any work or activity, the order will be taken to have been in force for the purposes of this section at the time the application was made.\n133—Saving provisions\n\t(1)\tA development for which development authorisation has been granted may be undertaken and completed in accordance with that authorisation notwithstanding an amendment to the Planning and Design Code or the Building Rules that takes effect after the date on which the application for the development authorisation was made (insofar as the application relates to an assessment in respect of the Planning and Design Code or Building Rules).\n\t(2)\tAn activity that becomes a development by virtue of an amendment to this Act, but was lawfully commenced within 3 years before the amendment took effect, may be continued and completed, without any development authorisation, within 3 years after the date on which the amendment took effect.\n\t(3)\tA relevant authority may, in order to avoid or reduce hardship, extend the limitation period referred to in subsection (2).\n\t(4)\tA reference in this section to an amendment to this Act extends to the making of a regulation declaring an activity to constitute development and the variation of such a regulation.\n\t(5)\tIn this section—\nactivity means an act or activity.\nDivision 2—Buildings\n134—Requirement to up‑grade\n\t(a)\tan application for a building consent relates to—\n\t(i)\tbuilding work in the nature of an alteration to a building constructed before the date prescribed by regulation for the purposes of this subsection; or\n\t(ii)\ta change of classification of a building; and\n\t(b)\tthe building is, in the opinion of the relevant authority, unsafe, structurally unsound or in an unhealthy condition,\nthe relevant authority may require that building work that conforms with the requirements of the Building Rules be carried out to the extent reasonably necessary to ensure that the building is safe and conforms to proper structural and health standards.\n\t(2)\tThe relevant authority must, when imposing a requirement under subsection (1), specify (in reasonable detail) the matters under subsection (1)(b) that must, in the opinion of the relevant authority, be addressed.\n\t(3)\tA requirement under subsection (1)—\n\t(a)\tsubject to paragraph (b)—may be imposed on the basis that the relevant matters must be addressed as part of the application before the relevant authority will grant building consent; and\n\t(b)\tin cases prescribed by the regulations—may only be imposed as a condition of the building consent that must be complied with within a prescribed period after the building work to which the application for consent relates is completed.\n\t(4)\tIf—\n\t(a)\tapplication is made for building consent for building work in the nature of an alteration of a class prescribed by the regulations; and\n\t(b)\tthe relevant authority is of the opinion that the affected part of the building does not comply with the performance requirements of the Building Code or a Ministerial building standard in relation to access to buildings, and facilities and services within buildings, for people with disabilities,\nthe relevant authority may require that building work or other measures be carried out to the extent necessary to ensure that the affected part of the building will comply with those performance requirements of the Building Code or the Ministerial building standard (as the case may be).\n\t(5)\tA requirement under subsection (4)—\n\t(a)\tsubject to paragraph (b)—may be imposed on the basis that the building work or other measures to achieve compliance with the relevant performance requirements must be addressed before the relevant authority will grant building consent; and\n\t(b)\tin cases prescribed by the regulations—may only be imposed as a condition of the building consent that must be complied with within a prescribed period after the building work to which the application for consent relates is completed.\n\t(6)\tThe Minister may, by instrument in writing, grant an exemption from the operation of subsection (4).\n135—Urgent building work\n\t(1)\tIf building work must be performed as a matter of urgency—\n\t(a)\tto protect any person or building; or\n\t(b)\tin any other circumstance of a prescribed kind,\na person may, despite any other provision of this Act (but subject to subsection (2)), perform the building work.\n\t(2)\tIf building work is undertaken under subsection (1)—\n\t(a)\tthe person who undertakes the work must immediately notify the relevant authority in accordance with the regulations; and\n\t(b)\tif the work affects a State heritage place or a local heritage place, the work must, so far as is reasonably practicable, be undertaken to conserve its heritage value; and\n\t(c)\tthe owner of the land on which the work is carried out must, as soon as practicable after the commencement of the work and in any event within the prescribed period, apply for the appropriate development authorisation under this Act; and\n\t(d)\tif that development authorisation is refused, the person who undertakes the work must, subject to any direction issued by a relevant authority, within a period specified by a relevant authority, ensure that any land or building affected by the work is reinstated, so far as is practicable, to the state or condition that existed immediately before the commencement of the work.\n","sortOrder":19},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Protection of Crown and Anchor Hotel as live music venue and development of surrounding land","content":"Division 2A—Protection of Crown and Anchor Hotel as live music venue and development of surrounding land\n135A—Protection of Crown and Anchor Hotel as live music venue and development of surrounding land\n\t(1)\tSubject to this section, development authorisation must not be granted for a proposed development involving—\n\t(a)\tthe whole or partial demolition of the Crown and Anchor Hotel building; or\n\t(b)\tdevelopment involving the addition of 1 or more storeys above the Crown and Anchor Hotel building; or\n\t(c)\ta change in the use of the Crown and Anchor Hotel land,\nunless the Minister concurs in the granting of the authorisation.\n\t(2)\tThe Minister cannot concur in the granting of a development authorisation under subsection (1) unless the Minister conducts public consultation (in such manner as the Minister thinks fit) for a period of at least 4 weeks on the proposed development.\n\t(3)\tThe concurrence of the Minister is not required for development of a kind referred to in subsection (1)(a) that only involves the demolition of any gutter or parapet of the Crown and Anchor Hotel building that encroaches on to the surrounding land.\n\t(4)\tThe following provisions apply in relation to development for the purposes of noise attenuation or acoustic treatment in respect of the Crown and Anchor Hotel building:\n\t(a)\tsuch development will be taken to be classified by the Planning and Design Code as deemed‑to‑satisfy development;\n\t(b)\tthe Commission will be taken to be the relevant authority for the purposes of giving planning consent in relation to such development;\n\t(c)\tin so far as such development involves the partial demolition of the Crown and Anchor Hotel building, the concurrence of the Minister will not be required under subsection (1) for the development.\n\t(5)\tSubject to subsection (6), the Heritage Places Act 1993 does not apply in relation to any place on the Crown and Anchor Hotel land and, on the commencement of this subsection, any State Heritage Place on the Crown and Anchor Hotel land (whether entered in the South Australian Heritage Register as a provisional or confirmed entry) is taken to cease being a State Heritage Place and any such place on the Crown and Anchor Hotel land is taken to have been removed from the South Australian Heritage Register.\n\t(6)\tThe following provisions of the Heritage Places Act 1993 apply in relation to the Crown and Anchor Hotel building as if that building were a State Heritage Place:\n\t(a)\tsection 36;\n\t(b)\tsection 38A;\n\t(c)\tsection 39A;\n\t(d)\tsection 39B.\n\t(7)\tThe following provisions apply in relation to the surrounding land:\n\t(a)\tdevelopment (including streetscape works) for the purposes of a significant student accommodation development on the surrounding land that—\n\t(i)\tthrough high quality design positively contributes, in the opinion of the Commission after considering relevant evidence, to the liveability, durability and sustainability of the student accommodation and the adjacent built environment; and\n\t(ii)\thas a maximum building height not exceeding 101 m; and\n\t(iii)\tconsists of no more than 29 storeys; and\n\t(iv)\tcomplies, in the opinion of the Commission, with the Minister's section 135A criteria,\nwill—\n\t(v)\tbe taken to be classified by the Planning and Design Code as deemed‑to‑satisfy development; and\n\t(vi)\tbe assessed against the Planning and Design Code subject to the requirement that, if an inconsistency exists between the Minister's section 135A criteria and the Planning and Design Code, the Minister's section 135A criteria prevail and the Planning and Design Code does not apply to the extent of the inconsistency; and\n\t(vii)\tnot be subject to the operation of section 122; and\n\t(viii)\tnot be taken to propose a change in the use of the surrounding land to a more sensitive use;\n\t(b)\thowever, development (including streetscape works) for the purposes of a significant student accommodation development on the surrounding land that meets the requirements of paragraph (a)(i) to (iii) (inclusive) but does not, in the opinion of the Commission, comply with the Minister's section 135A criteria will be taken to be code assessed development and will be assessed on its merits against the Planning and Design Code;\n\t(c)\tfor the purposes of this subsection, the Planning and Design Code is modified in relation to the surrounding land such that—\n\t(i)\tthe use of the land as student accommodation is a desirable use of the land; and\n\t(ii)\tthe maximum building height for a building on that land is 101 m and the maximum number of storeys for a building on that land is 29 storeys;\n\t(d)\tthe Commission will be taken to be the relevant authority for the purposes of giving planning consent in relation to a significant student accommodation development on the surrounding land;\n\t(e)\tthe Heritage Places Act 1993 does not apply in relation to any place on the surrounding land;\n\t(f)\ta certificate of occupancy must not be issued in relation to development for the purposes of a significant student accommodation development on the surrounding land that meets the requirements of paragraph (a) until a statement of site suitability that complies with any requirements of the regulations in respect of such statements is issued certifying that any required remediation has been undertaken and the site is suitable for its intended use.\n\t(8)\tFor the purposes of subsection (7), the Minister must publish on the SA planning portal the Minister's section 135A criteria.\nCrown and Anchor Hotel building means the building on the Crown and Anchor Hotel land;\nCrown and Anchor Hotel land means the area of land comprised and described in Certificate of Title Volume 6121 Folio 144;\nrelevant evidence, in relation to a significant student accommodation development, includes evidence provided by the applicant for the development as to how the development—\n\t(a)\tresponds to its surrounding context and contributes to the quality and character of the place where it is to be located; and\n\t(b)\tcontributes to inclusiveness, connectivity and universal design of the built environment; and\n\t(c)\tenables buildings and places that are fit for purpose, adaptable and long‑lasting; and\n\t(d)\tadds value to the area by positively contributing to places and communities; and\n\t(e)\toptimises performance and public benefit; and\n\t(f)\tsupports sustainable and environmentally responsible development;\nsignificant student accommodation development means a development involving the construction of a building for the primary purpose of the provision of student accommodation that is greater than 10 storeys in height;\nSouth Australian Heritage Register means the Register under the Heritage Places Act 1993;\nState Heritage Place has the same meaning as in the Heritage Places Act 1993;\nsurrounding land means the area of land comprised and described in Certificate of Title Volume 5962 Folio 461.\nDivision 3—Trees\n136—Urgent work in relation to trees\n\t(1)\tIf a tree-damaging activity must be undertaken in relation to a regulated tree as a matter of urgency—\n\t(a)\tto protect any person or building; or\n\t(b)\tin any other circumstance of a prescribed kind,\na person may, despite any other provision of this Act (but subject to subsection (2)), undertake the activity.\n\t(2)\tIf an activity is undertaken under subsection (1)—\n\t(a)\tthe person who undertakes the activity must notify the relevant authority in accordance with the regulations; and\n\t(b)\tthe activity must, so far as is reasonably practicable, be undertaken to cause the minimum amount of damage to the tree; and\n\t(c)\texcept in circumstances prescribed by the regulations, the owner of the land on which the tree is situated must, as soon as practicable after the occurrence of the activity and in any event within the prescribed period, apply for the appropriate development authorisation under this Act.\n137—Interaction of controls on trees with other legislation\n\t(1)\tThe requirement to obtain approval under this Act for a tree-damaging activity in relation to a regulated tree applies despite the fact that the activity may be permitted under the Native Vegetation Act 1991.\n\t(2)\tThe requirement to obtain approval under this Act for a tree-damaging activity in relation to a regulated tree does not apply if the activity is being carried out—\n\t(a)\tunder Part 5 of the Electricity Act 1996; or\n\t(b)\tunder, or in connection with the operation of, an order under section 254 or 299 of the Local Government Act 1999; or\n\t(c)\tunder another Act, or specified provisions of another Act, prescribed by the regulations for the purposes of this subsection.\nDivision 4—Land division certificate\n138—Land division certificate\n\t(1)\tSubject to any exclusion prescribed by the regulations, the following certificate is required in relation to a development that involves the division of land under this Act, namely a certificate from the Commission that it is satisfied that the prescribed conditions as to development have been satisfied, or that the applicant has, by virtue of an entitlement under the regulations, entered into a binding agreement, supported by adequate security and, if the regulations so require, in a form prescribed by the regulations, for the satisfaction of any such condition.\n\t(2)\tBefore the Commission issues a certificate it may require the applicant, the council for the area in which the land is situated (if any), or any other person or body, to furnish it with appropriate information as to compliance with a particular condition, or to comply with any requirement prescribed by the regulations.\n\t(3)\tA certificate will be issued in the prescribed manner and form.\n\t(4)\tThe Commission must, as soon as practicable after issuing a certificate under subsection (1) that relates to land within the area of a council, furnish the council with such information as the regulations may require.\n\t(5)\tThe Commission may give a certificate under subsection (1) in relation to a particular stage of a development constituted by the division of land.\n\t(6)\tA certificate issued under this section will, unless extended by the Commission within the period prescribed by the regulations, lapse at the end of that prescribed period.\nDivision 5—Access to land\n139—Activities that affect stability of land or premises\n\t(1)\tThis section applies if a development approval envisages that a person who undertakes the development will require access to other land or premises in order to address an affect on the stability of that land or those premises that will be caused (or is likely to be caused) on account of the undertaking of the development (the affected site).\n\t(2)\tIn a case where this section applies—\n\t(a)\tthe person undertaking the development must ensure that a notice in the prescribed form is provided to the owner of the affected site in accordance with the regulations (being a notice that informs the owner that the person undertaking the development may require access to the affected site within a period prescribed by the regulations); and\n\t(b)\tsubject to paragraph (c), the person undertaking the development is then entitled to gain access to the affected site at any reasonable time in order to protect the affected site and to carry out such other work in relation to the affected site as the owner of the affected site may require under paragraph (d); and\n\t(c)\tbefore the person undertaking the development seeks access under paragraph (b), the person must give notice of the proposed work in accordance with the regulations; and\n\t(d)\tsubject to paragraph (e), the owner of the affected land may require the person who gains access under paragraph (b) to undertake other work that the owner is authorised under the regulations to require; and\n\t(e)\ta person who is subject to a requirement to undertake work under paragraph (d) may apply to the Court for a determination of what proportion (if any) of the expense incurred by the person in the performance of the work should be borne by the owner of the affected site and the person may then recover an amount determined by the Court from the owner of the affected site as a debt in a court of competent jurisdiction.\n\t(3)\tAnother person authorised by the person undertaking the development in accordance with the regulations may gain access on behalf of that person for the purposes of subsection (2)(b).\n\t(4)\tA person undertaking development who fails to comply with the requirement to give notice under subsection (2)(c) or a requirement under subsection (2)(d) is guilty of an offence.\n140—Access to neighbouring land—general provision\n\t(1)\tThis section applies if a person reasonably requires access to a part of a building (including a building under construction) or an allotment (a relevant place) from an adjoining allotment in order to carry out—\n\t(a)\tan inspection for the purposes of proposed development with respect to the relevant place (including in order to make an application under this Act with respect to the proposed development); or\n\t(b)\tany building work with respect to the relevant place; or\n\t(c)\tany other prescribed activity.\n\t(2)\tIn a case where this section applies, the person seeking access to the adjoining allotment may serve notice requesting that he or she be given access on the owner of the adjoining allotment.\n\t(3)\tThe notice must be in the prescribed form and must—\n\t(a)\tstate the reason for which access is sought; and\n\t(b)\tpropose a time at which, or a period for which, access is sought; and\n\t(c)\tprovide information about—\n\t(i)\twho would be entering the adjoining allotment if access were to be provided; and\n\t(ii)\twhat they would bring with them; and\n\t(iii)\twhat activity or work would be carried out; and\n\t(d)\tset out any other information required by the regulations.\n\t(4)\tIf a person who is served with a notice under subsection (2)—\n\t(a)\tdoes not respond to the notice within the prescribed period; or\n\t(b)\tresponds to the notice by—\n\t(i)\trefusing access; or\n\t(ii)\tproposing alternative arrangements for access that are considered to be unreasonable,\nthe person seeking access may apply to the Court for an authorisation to gain access under this section.\n\t(5)\tOn an application under subsection (4), the Court may, if it considers it reasonable to do so, issue an authorisation permitting access on a specified basis, and on specified conditions (if any), set out in the authorisation.\n\t(6)\tA person to whom an authorisation is granted under subsection (4) must take steps to serve a copy of the authorisation on the owner of the adjoining allotment in accordance with the regulations.\n\t(7)\tA person must not, without reasonable excuse, fail to comply with an authorisation issued by the Court under this section.\n\t(8)\tA person must not, without reasonable excuse, hinder or obstruct a person exercising a power conferred by an authorisation issued by the Court under this section.\n\t(9)\tA person must, in exercising a power to enter land under this section, insofar as is reasonably practicable, minimise disturbance to the land.\n\t(10)\tA person who exercises a power to enter land under this section is liable to pay reasonable compensation on account of any loss or damage caused by the exercise of the power.\n\t(11)\tThis section does not limit the ability of a person to gain access to land under an agreement with the owner or occupier of the land.\n\t(12)\tThis section does not limit the operation of section 139.\nDivision 6—Uncompleted development\n141—Action if development not completed\n\t(a)\tan approval is granted under this Act; but\n\t(b)\t—\n\t(i)\tthe development to which the approval relates has been commenced but not substantially completed within the period prescribed by the regulations for the lapse of the approval; or\n\t(ii)\tin the case of a development that is envisaged to be undertaken in stages—the development is not undertaken or substantially completed in the manner or within the period contemplated by the approval,\na designated authority may apply to the Court for an order under this section.\n\t(2)\tThe Court must give the following persons a reasonable opportunity to be heard at the hearing of an application under this section:\n\t(a)\tthe applicant;\n\t(b)\tany owner or occupier of the relevant land;\n\t(c)\tany other person who satisfies the Court that he or she has a material interest in the proceedings.\n\t(3)\tThe Court may, on the hearing of the application—\n\t(a)\trequire the removal or demolition of any building;\n\t(b)\trequire the reinstatement, so far as is practicable, of any land or building to the state or condition that land or building was in immediately before the commencement of the development;\n\t(c)\textend, on such conditions (if any) as the Court thinks fit, the period within which the development may be completed;\n\t(d)\trequire the performance of any work;\n\t(e)\trequire the making of any application for an appropriate development authorisation under this Act;\n\t(f)\tmake any further or other order the Court thinks fit.\n\t(4)\tA person who contravenes, or fails to comply with, an order under this section is guilty of an offence.\n\t(5)\tIf the Court makes an order under subsection (3)(a), (b) or (d) and a person fails to comply with the order within the period specified by the Court, the designated authority may cause any work contemplated by the order to be carried out, and may recover the costs of that work, as a debt from the person.\n\t(6)\tIf an amount is recoverable from a person by a designated authority under subsection (5)—\n\t(a)\tthe designated authority may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate on the amount unpaid; and\n\t(b)\tthe amount together with any interest charge so payable is until paid a charge in favour of the designated authority on any land owned by the person.\n\t(a)\ta council; or\n\t(c)\tthe Commission; or\n\t(d)\tthe Minister.\n142—Completion of work\n\t(a)\tan approval is granted under this Act; but\n\t(b)\tthe development to which the approval relates has been substantially but not fully completed within the period prescribed by the regulations for the lapse of the approval,\na designated authority may, by notice in writing, require the owner of the relevant land to complete the development within a period specified in the notice.\n\t(2)\tIf an owner fails to carry out work as required by a notice under subsection (1), the designated authority may cause the necessary work to be carried out.\n\t(3)\tThe reasonable costs and expenses incurred by the designated authority (or any person acting on behalf of the designated authority) under this section may be recovered by the designated authority as a debt due from the owner.\n\t(4)\tIf an amount is recoverable from a person by a designated authority under this section—\n\t(a)\tthe designated authority may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate on the amount unpaid; and\n\t(b)\tthe amount together with any interest charged so payable is until paid a charge in favour of the designated authority on any land owned by the person.\n\t(5)\tA person who has been served with a notice under this section may appeal to the Court against the notice.\n\t(6)\tAn appeal against a notice under this section must be commenced within 14 days after the order is given to the appellant unless the Court allows a longer time for the commencement of the appeal.\n\t(a)\ta council; or\n\t(c)\tthe Commission; or\n\t(d)\tthe Minister.\n","sortOrder":20},{"sectionNumber":"Div 7","sectionType":"division","heading":"Cancellation of development authorisation","content":"Division 7—Cancellation of development authorisation\n143—Cancellation of development authorisation\n\t(1)\tA relevant authority may, on the application of a person who has the benefit of the authorisation, cancel a development authorisation previously given by the relevant authority.\n\t(2)\tA cancellation under this section is subject to such conditions (if any) as the relevant authority thinks fit to impose.\n","sortOrder":21},{"sectionNumber":"Div 8","sectionType":"division","heading":"Inspection policies","content":"Division 8—Inspection policies\n144—Inspection policies\n\t(1)\tThe Commission must issue a practice direction that will require councils to carry out inspections of development undertaken in their respective areas.\n\t(2)\tThe practice direction may make different provision in relation to different councils (or groups of councils).\n\t(3)\tThe Commission must, when preparing (or varying) the practice direction, take into account the following matters (and may take into account other matters):\n\t(a)\tthe financial and other resources of councils;\n\t(b)\tthe impact that a failure to inspect a certain number of developments over a period of time may have on local communities;\n\t(c)\tthe various sizes of the areas of councils and differences in population;\n\t(d)\tthe amount of development undertaken in the various areas of the State;\n\t(e)\tthe type of development that predominates in the various areas of the State;\n\t(f)\tin relation to building work, building conditions in the various areas of the State;\n\t(g)\tthe public interest in ensuring that development is undertaken in accordance with the requirements of this Act.\n\t(4)\tA council must comply with the requirements of the practice direction as they relate to the council.\n","sortOrder":22},{"sectionNumber":"Part 11","sectionType":"part","heading":"Building activity and use—special provisions","content":"Part 11—Building activity and use—special provisions\nDivision 1—Preliminary\n145—Interpretation\nIn this Part—\ncouncil means, in relation to any development or building that is not within the area of a council, a person or body, or a person or body of a class, prescribed by the regulations for the purposes of this definition.\nDivision 2—Notifications\n146—Notification during building\n\t(1)\tIf building work is being carried out within the area of a council, then—\n\t(a)\ta licensed building work contractor who is carrying out the work or who is in charge of carrying out the work; or\n\t(b)\tif there is no such licensed building work contractor, the building owner,\nmust, in accordance with a scheme prescribed by the regulations, notify the council within the prescribed period of the commencement or completion of a prescribed stage of work (a mandatory notification stage).\n\t(2)\tThe notification must, if the regulations so require, be accompanied or supported by a statement (a statement of compliance) from a person who holds prescribed qualifications that the building work has been carried out in accordance with the requirements of this Act.\n\t(3)\tSubject to subsection (4), a person who is carrying out building work must, if directed to do so by the council, stop building work when a mandatory notification stage has been reached pending an inspection by an authorised officer who holds prescribed qualifications.\n\t(4)\tAn authorised officer must carry out an inspection under subsection (3) within 24 hours after a direction is given under that subsection and, if such an inspection is not carried out within that time, the person may proceed with the building work.\nDivision 3—Party walls and similar matters\n147—Construction of party walls\n\t(1)\tIf the owner of any land proposes to build a party wall, or to convert an existing structure into a party wall, on any part of the line of junction between the land and adjoining land, the following provisions apply:\n\t(a)\tthe owner (being the building owner) must serve notice on the adjoining owner, describing the proposed wall; and\n\t(b)\tif the adjoining owner consents to the building of the party wall, the wall must be built in the position agreed between the two owners; and\n\t(c)\tthe cost of building the party wall is to be borne by the 2 owners in due proportion, taking into account the use that is likely to be made of the wall by each owner; and\n\t(d)\ta party wall cannot be built by the building owner without the consent of the adjoining owner; and\n\t(e)\tthe owners must create easements of support in respect of the party wall over their respective land and cause the easements to be registered under the Real Property Act 1886 or lodged under the Registration of Deeds Act 1935 (as the case may require) and the building owner is, in the absence of contrary agreement, liable for the expenses of, and incidental to, the registration.\n\t(2)\tWhere a party wall was lawfully built before 1 January 1974 and conforms with the law of this State as in force at the time of its erection, either owner may require the adjoining owner to create, and cause to be registered under the Real Property Act 1886 or lodged under the Registration of Deeds Act 1935 (as the case may require), an easement of support over his or her land in respect of the party wall, and the adjoining owner must comply with that requirement.\n148—Rights of building owner\n\t(1)\tSubject to obtaining any appropriate approval under this Act (and otherwise complying with this Act), a building owner has the following rights in addition to, and without prejudice to, any rights under any other Act or at common law:\n\t(a)\ta right to make good, underpin or repair any party wall that is defective or out of repair; and\n\t(b)\ta right to pull down and rebuild any party wall that is so defective or out of repair that it is necessary or expedient to pull it down; and\n\t(c)\ta right to raise and underpin a party wall; and\n\t(d)\ta right to pull down a party wall that is of insufficient strength for a proposed building (but the building owner must then rebuild a party wall of sufficient strength); and\n\t(e)\ta right to cut into a party wall; and\n\t(f)\ta right to perform any other work in relation to the party wall prescribed by the regulations.\n\t(2)\tA building owner has a right, by virtue of this subsection—\n\t(a)\tto instal flashings between 2 buildings, including a building on an adjoining allotment; and\n\t(b)\twithout limiting paragraph (a), to instal a flashing so that it overlaps a boundary.\n\t(3)\tThe building owner is liable to make good any damage to adjacent premises, and the contents of adjacent premises, caused by the exercise of a right under this section.\n\t(4)\tThe building owner cannot, except with the consent in writing of the adjoining owner, exercise any right under this section unless, before doing so, he or she has served personally or by post on the adjoining owner a notice in writing stating the nature and particulars of the proposed work and when it is to commence in accordance with any requirements prescribed by the regulations.\n\t(5)\tIf a building owner proposes to exercise a right conferred under this section, the adjoining owner may, by notice in writing served personally or by post on the building owner, require the building owner to carry out such other work on, or in relation to, any party wall as may be reasonably necessary for the convenience of the adjoining owner, and the building owner must comply with that requirement except where to do so would cause loss or damage to the building owner, or would cause undue inconvenience or delay.\n\t(6)\tThe adjoining owner is liable for all expenses incurred by the building owner under subsection (5).\n\t(7)\tThe building owner must, in the exercise of any right under this section, take reasonable steps to protect any adjoining land or premises.\n\t(8)\tA building owner must not exercise any right under this section in such manner, or at such time, as will cause unnecessary inconvenience to the adjoining owner or occupier, and must perform any building work with due diligence.\n149—Power of entry\n\t(1)\tA building owner, or an authorised agent or employee, may, at any reasonable time, enter and remain on the land or premises of the adjoining owner for the purpose of performing any work in accordance with this Division, and may perform any act that the nature of the work requires.\n\t(2)\tThe building owner must serve, on the adjoining owner in accordance with the regulations, before entering on the land or premises of the adjoining owner or, in the case of an emergency, as early as possible, notice of intention to enter the land or premises of the adjoining owner, stating the time at which the building owner proposes to enter the land or premises in accordance with any requirements prescribed by the regulations.\n\t(3)\tThe building owner, or an authorised agent or employee, accompanied by a member of the police force, may break into the premises of the adjoining owner.\n150—Appropriation of expense\n\t(1)\tThe expense of building a party wall, or carrying out any work in relation to a party wall, is to be borne in due proportion by the adjoining owners, having regard to the use that each owner is to make of the party wall.\n\t(2)\tThe building owner must, within 28 days after the completion of any work in respect of which a contribution is payable by the adjoining owner, serve on the adjoining owner in accordance with the regulations an account showing the cost of the building work and the proportion of that cost that the building owner claims to be payable by the adjoining owner.\n\t(3)\tIf after the expiration of 28 days from the service of the account the account remains unpaid, the building owner may, by action in any court of competent jurisdiction, seek a determination of the amount payable to him or her by the adjoining owner, and recover that amount as a debt.\nDivision 4—Classification and occupation of buildings\n151—Classification of buildings\n\t(1)\tSubject to this section, a building must have a classification determined in accordance with the regulations.\n\t(2)\tA council may assign to a building erected in its area a classification that conforms with the regulations.\n\t(3)\tIf a council assigns a classification under this section, the council must give notice in writing to the owner of the building to which the classification has been assigned, of the classification assigned to the building.\n\t(4)\tExcept with the consent of the owner, a classification cannot be assigned to a building erected before 1 January 1974 if, as a result of the classification being assigned to the building, the building could not continue to be used for a purpose for which it was lawfully being used before assignment of the classification.\n\t(5)\tThe owner of a building must not permit the building to be occupied unless the building is constructed, maintained and operated in accordance with the classification appropriate to its use.\nDefault penalty: $100.\n152—Certificates of occupancy\n\t(1)\tA person must not—\n\t(a)\toccupy a building on which building work is carried out after the commencement of this section unless an appropriate certificate of occupancy has been issued for the building, or the building is of a type excluded by the regulations from the requirements as to certificates of occupancy; or\n\t(b)\toccupy a building in contravention of a certificate of occupancy.\n\t(2)\tA certificate of occupancy will be issued by a council.\n\t(3)\tAn application for a certificate of occupancy must—\n\t(a)\tinclude any information required by the council; and\n\t(b)\tbe accompanied by such certificates, reports or other documentation as the regulations may require; and\n\t(c)\tbe accompanied by the appropriate fee.\n\t(4)\tThe regulations may provide that a report or consent from a prescribed agency or authority must be obtained in accordance with the regulations before the application can be granted (but if a report or consent is not received from the agency or authority within a period prescribed by the regulations, it will be presumed, unless the agency or authority indicates otherwise, that the agency or authority does not desire to make a report or consents (as the case requires)).\n\t(5)\tThe council must consider any report supplied under subsection (4) before deciding the application.\n\t(6)\tThe council must issue the certificate if it is satisfied (in accordance with procedures set out in the regulations and on the basis of information provided or obtained under this section) that the relevant building is suitable for occupation and complies with such requirements as may be prescribed by the regulations for the purposes of this provision.\n\t(7)\tA certificate of occupancy does not constitute a certificate of compliance with the Building Rules.\n\t(8)\tThe regulations may specify the time within which an application should be decided under this section.\n\t(9)\tAn application will be taken to have been refused if not decided within the time specified by the regulations.\n\t(10)\tA council which refuses an application must notify the applicant in writing of—\n\t(a)\tthe refusal; and\n\t(b)\tthe reasons for the refusal; and\n\t(c)\tthe applicant's right of appeal under this Act.\n\t(11)\tAny appeal under this section must be commenced within 28 days after a notice is given to the appellant under subsection (10) unless the Court allows an extension of time.\n\t(12)\tA certificate of occupancy may apply to the whole or part of a building.\n\t(13)\tA council may, in accordance with the regulations, revoke a certificate of occupancy in prescribed circumstances.\n153—Temporary occupation\n\t(1)\tA person may, with the approval of a council, occupy a building on a temporary basis without a certificate of occupancy.\n\t(2)\tAn approval under subsection (1)—\n\t(a)\tmay only be given if the council is satisfied that the relevant building complies with any requirements prescribed by a practice direction issued for the purposes of this paragraph; and\n\t(b)\tmay be given on such conditions (if any) as the council thinks fit to impose.\n\t(3)\tA council which refuses an application must notify the applicant in writing of—\n\t(a)\tthe refusal; and\n\t(b)\tthe reasons for the refusal; and\n\t(c)\tthe applicant's right of appeal under this Act.\n\t(4)\tAny appeal under this section must be commenced within 28 days after a notice is given to the applicant under subsection (3) unless the Court allows an extension of time.\n154—Building certifiers\n\t(1)\tA building certifier may exercise the powers of a council under this Division in relation to—\n\t(a)\ta building owned or occupied by the Crown, or an agency or instrumentality of the Crown; or\n\t(b)\ta building in relation to which the building certifier has issued a building consent; or\n\t(c)\ta building in circumstances prescribed by the regulations.\n\t(2)\tFor the purposes of the operation of subsection (1)—\n\t(a)\ta reference in this Division to a council will be taken to include a reference to a building certifier acting under subsection (1); and\n\t(b)\ta decision of a building certifier under this Division has the same effect and is subject to appeal in the same way as a decision of the council that would otherwise be exercising the relevant function under this Division; and\n\t(c)\ta building certifier is subject to the same duties and requirements as the council that would otherwise be exercising the relevant function under this Division.\nDivision 5—Emergency orders\n155—Emergency orders\n\t(1)\tAn authorised officer may make an emergency order under this section if the authorised officer is of the opinion that the order is necessary—\n\t(a)\tbecause of a threat to safety arising out of the condition or use of a building or an excavation; or\n\t(b)\tbecause of a threat to any State heritage place or local heritage place.\n\t(2)\tHowever, the power conferred by subsection (1)(a) may only be exercised by an authorised officer who holds prescribed qualifications.\n\t(3)\tAn emergency order may require the owner of any building or land to do any 1 or more of the following things:\n\t(a)\tevacuate the building or land;\n\t(b)\tnot to conduct or not to allow the conduct of a specified activity or immediately terminate a specified activity;\n\t(c)\tcarry out building work or other work.\n\t(4)\tAn emergency order may also prohibit the occupation of a building or land or the use of a building or land for a specified activity, or an activity of a specified class.\n\t(5)\tIf an owner fails to carry out work as required by an emergency order, the council may cause the necessary work to be carried out.\n\t(6)\tThe reasonable costs and expenses incurred by the council (or any person acting on behalf of the council) under this section may be recovered by the council as a debt due from the owner.\n\t(7)\tIf an amount is recoverable from a person by the council under this section—\n\t(a)\tthe council may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate on the amount unpaid; and\n\t(b)\tthe amount together with any interest charge so payable is, until paid, a charge in favour of the council on any land owned by the person.\n\t(8)\tOn completion of any work required to be carried out by an emergency order, the owner must notify the authorised officer in writing.\nMaximum penalty: $2 000.\n\t(9)\tAn order under this section must be given in writing unless the authorised officer considers that urgent action is required, in which case it may be given orally.\n\t(10)\tIf the direction is given orally under subsection (9), the authorised officer who gave the direction must confirm the direction by notice in writing by 5 pm on the next business day.\n\t(11)\tAn appeal against an order under this section must be commenced within 14 days after the order is given to the appellant unless the Court allows a longer time for the commencement of the appeal.\n\t(12)\tSubject to an order of the Court to the contrary, the operation of an order under this section is not suspended pending the determination of an appeal.\n\t(13)\tA person who contravenes or fails to comply with an order under this section is guilty of an offence.\n\t(14)\tIt is a defence to a prosecution under subsection (13) if the defendant satisfies the Court that he or she was unaware of the fact that an activity in respect of which the offence arose was the subject of an order under this section.\n\t(15)\tIn this section—\nbuilding includes a building in the course of construction;\nexcavation includes a well or hole.\nDivision 6—Swimming pool and building safety\n156—Designated safety requirements\ndesignated owner means—\n\t(a)\tin relation to a swimming pool—\n\t(i)\tif the swimming pool is a fixture to, or forms part of, land—the owner of the land;\n\t(ii)\tin any other case—the owner of the structure that constitutes the swimming pool; and\n\t(b)\tin relation to a building—the owner of the building;\nprescribed event means an event or circumstance prescribed by the regulations as constituting a prescribed event for the purposes of this section.\n\t(2)\tWithout limiting any provision of the Building Code or a Ministerial building standard, the regulations may specify requirements that are to apply in relation to designated safety features for swimming pools or buildings.\n\t(3)\tIn particular, the regulations may—\n\t(a)\trequire a designated owner of a swimming pool or building to ensure that designated safety features are installed and maintained in accordance with prescribed requirements; and\n\t(b)\trequire the owner of an existing swimming pool or building—\n\t(i)\tto ensure that designated safety features are installed, replaced or upgraded before, or on the occurrence of, a prescribed event; or\n\t(ii)\tto install, replace or upgrade designated safety features within a prescribed period.\n\t(4)\tA person who contravenes, or fails to comply with, a requirement under this section (including a requirement prescribed by the regulations) is guilty of an offence.\nMaximum penalty: $15 000.\n\t(5)\tThe Commission may issue a practice direction that requires councils to carry out inspections of swimming pools and buildings to ascertain compliance with this section.\n\t(6)\tA practice direction may make different provision in relation to different councils (or groups of councils).\n\t(7)\tA council must comply with the requirements of a practice direction as it relates to the council.\n\t(8)\tNothing in this section limits a power under another section to take action in relation to the safety of any place or building.\n157—Fire safety\n\t(1)\tAn authorised officer who holds prescribed qualifications or a member of an appropriate authority may, at any reasonable time, enter and inspect any building for the purpose of determining whether the fire safety of a building is adequate.\n\t(2)\tAn authorised officer who holds prescribed qualifications must conduct an inspection of a building under subsection (1) at the request of an appropriate authority or a fire authority.\n\t(3)\tIf an appropriate authority is satisfied that the fire safety of a building is not adequate, the appropriate authority may cause a notice to be served on the owner of the building.\n\t(4)\tA notice under subsection (3) may—\n\t(a)\trequire the owner to report to the appropriate authority on the work or other measures necessary to ensure that the fire safety of the building is adequate; or\n\t(b)\tin the case of an emergency—\n\t(i)\trequire the owner to carry out a program of work, or to take any other measure, to overcome any fire hazard; or\n\t(ii)\trequire the evacuation of the building; or\n\t(iii)\tprohibit the occupation or use of the building or a part of the building until the appropriate authority is satisfied that the fire hazard no longer exists; or\n\t(iv)\trequire the owner to take such other action prescribed by the regulations.\n\t(5)\tA report under subsection (4)(a) must be provided to the appropriate authority within 2 months, or within such longer period as the appropriate authority may allow.\nMaximum penalty: $2 500.\n\t(6)\tThe owner may, during the period referred to in subsection (5), make representations to the appropriate authority about the fire safety of the building and the work or other measures to be carried out or taken.\n\t(7)\tAn appropriate authority may, after receiving a report under subsection (4) (or, in the event of a failure to provide a report in accordance with this section), by notice given to the owner of the building—\n\t(a)\trequire the owner to seek an appropriate development authorisation under this Act and, if granted, to carry out a program of work or to take other measures to ensure that the fire safety of the building is adequate; or\n\t(b)\tprohibit the occupation or use of the building or a part of the building until the appropriate authority is satisfied that any fire hazard no longer exists; or\n\t(c)\trequire the owner to take such other action prescribed by the regulations.\n\t(8)\tOn completion of any work required to be carried out by a notice under this section, the owner must notify the appropriate authority in writing.\nMaximum penalty: $2 500.\n\t(9)\tAn appropriate authority may, at the request of the owner, vary a notice under this section or may, on its own initiative, revoke a notice if satisfied that it is appropriate to do so.\n\t(10)\tAn appeal against a notice under this section must be commenced within 14 days after the notice is given unless the Court allows longer time for the commencement of the appeal.\n\t(11)\tSubject to any order of the Court to the contrary, the operation of a notice under this section is not suspended pending the determination of an appeal.\n\t(12)\tA person who contravenes or fails to comply with a notice under subsection (4)(b) or (7) is guilty of an offence.\n\t(13)\tThis section does not authorise any action inconsistent with the Heritage Places Act 1993 or a provision of the Planning and Design Code that relates to heritage.\n\t(14)\tAny action taken under this section should seek to achieve (in the following order of priority)—\n\t(a)\tfirstly, a reasonable standard of fire safety for the occupiers of the relevant building;\n\t(b)\tsecondly, the minimal spread of fire and smoke;\n\t(c)\tthirdly, an acceptable fire fighting environment.\n\t(15)\tNo matter or thing done or omitted to be done by an appropriate authority in good faith in connection with the operation of this section subjects the authority to any liability.\n\t(16)\tFor the purposes of this section, an appropriate authority is a body established by a council, or by 2 or more councils, under subsection (17) and designated by the council or councils as an appropriate authority under this section.\n\t(17)\tThe following provisions apply with respect to the establishment of an appropriate authority:\n\t(a)\tthe appropriate authority will be constituted of—\n\t(i)\ta person who holds prescribed qualifications in building surveying appointed by the council or councils; and\n\t(ii)\tan authorised officer under Part 3 Division 5 or section 86 of the Fire and Emergency Services Act 2005 who, depending on the location of the council area or areas, has been approved by the Chief Officer of the relevant fire authority to participate as a member of the appropriate authority; and \n\t(iii)\ta person with expertise in the area of fire safety appointed by the council or councils; and\n\t(iv)\tif so determined by the council or councils—a person selected by the council or councils;\n\t(b)\tthe council or councils may specify a term of office of a member of the appropriate authority (other than a member under paragraph (a)(ii));\n\t(c)\tthe office of a member of the appropriate authority (other than a member under paragraph (a)(ii)) will become vacant if the member—\n\t(i)\tdies; or\n\t(ii)\tcompletes a term of office and is not reappointed; or\n\t(iii)\tresigns by written notice addressed to the council or councils; or\n\t(iv)\tis removed from office by the council or councils for any reasonable cause;\n\t(d)\tdeputy members may be appointed;\n\t(e)\tsubject to a determination of the council or councils—the appropriate authority may determine its own procedures (including as to quorum).\n\t(18)\tA member of an appropriate authority who has a personal interest or a direct or indirect pecuniary interest in any matter before the appropriate authority (other than an indirect interest that exists in common with a substantial class of persons) must not take part in any deliberations or decision of the authority in relation to that matter.\nDivision 7—Liability\n158—Negation of joint and several liability in certain cases\n\t(a)\tbuilding work is defective; and\n\t(b)\tthe defect or defects arise from the wrongful acts or defaults of 2 or more persons; and\n\t(c)\tthose persons would, apart from this section, be jointly and severally liable for damage or loss resulting from the defective work; and\n\t(d)\tan action is brought against any 1 or more of those persons to recover damages for that damage or loss,\nthe court may only give judgment against a defendant, or each defendant, for such amount as may be just and equitable having regard to the extent to which the act or default of that defendant contributed to the damage or loss.\n\t(2)\tAn act or default for which a person is vicariously liable will be taken to be an act or default of that person for the purposes of this section.\n159—Limitation on time when action may be taken\n\t(1)\tDespite the Limitation of Actions Act 1936, or any other Act or law, no action for damages for economic loss or rectification costs resulting from defective building work (including an action for damages for breach of statutory duty) can be commenced more than 10 years after completion of the building work.\n\t(2)\tThis section does not affect an action to recover damages for death or personal injury resulting from defective building work.\n\t(3)\tThe period prescribed by subsection (1) cannot be extended.\n","sortOrder":23},{"sectionNumber":"Part 12","sectionType":"part","heading":"Mining and renewable energy—special provisions","content":"Part 12—Mining and renewable energy—special provisions\n160—Mining and renewable energy matters to be referred in certain cases to Minister\nappropriate Authority or Authority means—\n\t(a)\tin the case of a matter referred to in paragraph (a) or (b) of the definition of designated matter or operations under a mining production tenement—a Minister to whom the administration of the Mining Acts are committed; or\n\t(b)\tin the case of a matter referred to in paragraph (c) or (d) of the definition of designated matter or operations under a licence under the Hydrogen and Renewable Energy Act 2023—a Minister to whom the administration of the Hydrogen and Renewable Energy Act 2023 is committed;\ndesignated matter means—\n\t(a)\tan application for a mining production tenement; or\n\t(b)\ta proposed statement of environmental objectives under the Petroleum and Geothermal Energy Act 2000; or\n\t(c)\tan application for a licence under the Hydrogen and Renewable Energy Act 2023; or\n\t(d)\ta proposed statement of environmental objectives under the Hydrogen and Renewable Energy Act 2023;\nrelevant licence means—\n\t(a)\ta mining production tenement; or\n\t(b)\ta licence under the Hydrogen and Renewable Energy Act 2023.\n\t(2)\tThe appropriate Authority may refer a designated matter to the Minister for advice and, if the designated matter is such that it is required by the regulations to be so referred to the Minister, the appropriate Authority must refer the designated matter to the Minister for advice.\n\t(3)\tCopies of any submissions received under the Mining Acts or the Hydrogen and Renewable Energy Act 2023 (as the case may be) as a result of public consultation on the designated matter must be forwarded to the Minister for the purposes of subsection (2).\n\t(4)\tIf, in the opinion of the Minister or of the appropriate Authority, operations to be conducted under a relevant licence are of major social, economic or environmental importance—\n\t(a)\tthe Minister or the Authority may determine that the operations are to be subject to the processes and procedures prescribed by Part 7 Division 2 Subdivision 4 with respect to the preparation of an EIS; and\n\t(b)\tin the case of such a determination, that Subdivision will then apply in relation to the preparation of an EIS, and a related Assessment Report—\n\t(i)\tsubject to the qualification that any reference under that Subdivision to the Commission or the Chief Executive is to have effect as if it were a reference to the Minister or the Authority, depending on who has made the determination, but the EIS will cover matters determined by the Minister after consultation with the Authority; and\n\t(ii)\tsubject to any other modifications as may be prescribed by the regulations.\n\t(5)\tThe Minister, after obtaining and considering a report of a prescribed kind on a designated matter referred for advice under this section and after considering the terms of any relevant EIS, must advise the appropriate Authority on the steps that should be taken (including, in relation to an application for a relevant licence, whether the application should or should not be granted or, as relevant, what conditions or requirements should be included in a relevant licence or a statement of environmental objectives) in order to recognise and address actual or potential adverse effects on the environment.\n\t(6)\tIf the appropriate Authority does not agree with advice tendered under subsection (5), it must refer the matter to the Governor and the Governor will determine whether the Authority should adhere to the advice (after considering the terms of any relevant EIS).\n\t(7)\tThe appropriate Authority may, with the concurrence of the Minister, determine that it is appropriate that proposed development associated with operations within the ambit of subsection (4)(a) also be assessed under this section and, if the Authority makes such a determination, the Authority may, by notice published in the Gazette, combine the assessment of the proposed development with the assessment of the relevant operations and, in such a case—\n\t(a)\tthe proposed development associated with the operations must also be considered under the relevant EIS; and\n\t(b)\tthe Minister may deal with the development under section 115 as if the development had been declared to be impact assessed development.\n161—Related matters\n\t(1)\tThis Part does not limit the ability of the Minister to make a declaration under section 108(1)(c) with respect to 1 or more of the following:\n\t(a)\tproposed mining operations on a mining tenement;\n\t(b)\tproposed development associated with operations to be conducted under a relevant licence;\n\t(c)\tregulated activities within the meaning of the Hydrogen and Renewable Energy Act 2023.\n\t(2)\tFor the avoidance of doubt, a determination under this Part with respect to the preparation of an EIS does not bring the relevant mining operations or relevant regulated activities (as the case may be) within the ambit of Part 7 Division 2 Subdivision 4 (but may bring an associated development within the ambit of that Subdivision by virtue of the operation of section 160(7)).\n\t(3)\tExcept as provided in this Part, this Act does not prevent, or otherwise affect, operations carried on in pursuance of any of the Mining Acts or operations undertaken pursuant to the Hydrogen and Renewable Energy Act 2023 (other than operations undertaken pursuant to Schedule 1 Part 5 of that Act).\n\t(3a)\tTo avoid doubt, operations undertaken pursuant to the Hydrogen and Renewable Energy Act 2023 do not include operations undertaken pursuant to an exemption from authorisation under that Act.\n\t(4)\tThis Act does not prevent, or otherwise affect, the operation of a private mine.\n\t(5)\tThe operation of subsections (3) and (4) is subject to any provision made by the regulations as to the application of the Building Rules to any building work carried out in connection with operations carried on in pursuance of any of the Mining Acts or the Hydrogen and Renewable Energy Act 2023.\nrelevant licence has the same meaning as in section 160.\nPart 13—Infrastructure frameworks\nDivision 1—Infrastructure delivery schemes\nSubdivision 1—Interpretation\n162—Interpretation\nbasic infrastructure means—\n\t(a)\tinfrastructure within the ambit of paragraph (a), (b) or (h) of the definition of essential infrastructure under section 3(1); or\n\t(b)\troads or causeways, bridges or culverts associated with roads; or\n\t(c)\tstormwater management infrastructure; or\n\t(d)\tembankments, wells, channels, drains, drainage holes or other forms of works or earthworks connected with the provision of infrastructure under a preceding paragraph;\ndeclared project has the same meaning as in the State Development Coordination and Facilitation Act 2025;\nprimary infrastructure means—\n\t(a)\tbasic infrastructure; or\n\t(b)\topen space (including parks, playgrounds, nature reserves, cycling and pedestrian paths); or\n\t(c)\tlocal community sporting or recreation areas or facilities; or\n\t(d)\tlibraries, local community buildings or other multi‑use local community facilities; or\n\t(e)\tland intended to be used for the provision of infrastructure within the ambit of paragraph (i) or (j) of the definition of essential infrastructure under section 3(1).\n\t(1a)\tFor the purposes of this Division, a declared project area is an area relating to a declared project identified as a declared project area in a scheme for the provision of primary infrastructure initiated under section 163A.\n\t(2)\tFor the purposes of this Division, a designated growth area is an area which is to be developed in 1 or more of the following ways:\n\t(a)\tby the division of land and the sale (or proposed future sale) of all or some of the resulting allotments;\n\t(b)\tby rezoning to increase development potential;\n\t(c)\tby undertaking urban in‑fill, consolidation or renewal.\nSubdivision 2—Establishment of schemes—basic and primary infrastructure\n163—Initiation of scheme—basic infrastructure\n\t(1)\tThe Minister or a person or body interested in the provision or delivery of basic infrastructure (a proponent) may initiate a scheme under this section in relation to the provision of basic infrastructure in, or in connection with, a designated growth area.\n\t(2)\tA scheme under this section should be limited to—\n\t(a)\tthe provision of basic infrastructure; and\n\t(b)\tfunding arrangements for the provision of that basic infrastructure,\nin 1 or more of the following situations:\n\t(c)\tthe basic infrastructure is reasonably necessary for the purposes of development that is proposed or to be undertaken within the designated growth area (including on account of rezoning that has occurred, or is expected to occur, in relation to the whole or a significant part of the development that is to occur within the designated growth area);\n\t(d)\tthe basic infrastructure will support, service or promote significant development that is proposed or to be undertaken within the designated growth area;\n\t(e)\tit is reasonably necessary or efficient to coordinate the design, construction and funding of basic infrastructure under a scheme because of the scale of—\n\t(i)\tdevelopment that is proposed or to be undertaken within the designated growth area; or\n\t(ii)\tthe basic infrastructure that is to be provided,\n(or both).\n\t(3)\tSubject to subsection (4), a proposal by the Minister to proceed under this section may be initiated—\n\t(a)\ton the Minister's own initiative; or\n\t(b)\tat the request of another person or body interested in the provision or delivery of infrastructure.\n\t(4)\tThe Minister may only act under this section on the advice of the Commission.\n\t(5)\tThe Commission must, in providing advice under this section, take into account any relevant state planning policy and regional plan, and the relevant provisions of the Planning and Design Code (subject to any relevant amendments that might be made in connection with potential or proposed development that is to be undertaken within the designated growth area).\n\t(6)\tThe Minister or a proponent will initiate a scheme by preparing a draft outline of the scheme that—\n\t(a)\tprovides information about—\n\t(i)\tthe nature and intended scope of the basic infrastructure; and\n\t(ii)\tany related development that is proposed to be undertaken as part of the scheme; and\n\t(b)\tidentifies the proposed designated growth area; and\n\t(c)\tprovides information about the proposed timing or staging of the various elements of the scheme (to the extent such information is known); and\n\t(e)\toutlines, so far as is reasonably practicable, a funding arrangement for the scheme, including whether it is proposed to impose a charge under Subdivision 7; and\n\t(f)\tprovides information about the person or body that will be carrying out the work envisaged by the scheme (to the extent that is known); and\n\t(g)\tidentifies any basic infrastructure or other assets that might be expected to be transferred to another entity when the scheme has been completed; and\n\t(ga)\tprovides information regarding the operation and administration of the scheme and the associated costs (to the extent such information is known); and\n\t(gb)\tidentifies further studies or assessments (if any) required to finalise the scheme for adoption; and\n\t(h)\tprovides such other information as the proponent thinks fit, or the Minister thinks fit after consultation with the Commission.\n\t(7)\tIn giving consideration to the nature and intended scope of basic infrastructure under a scheme, the Minister or proponent must seek to facilitate the provision of infrastructure that is—\n\t(a)\tfit for purpose; and\n\t(b)\tcapable of adaptation as standards or technology change over time (insofar as is reasonably practicable or appropriate in the circumstances); and\n\t(c)\tcapable of augmentation or extension to accommodate growth or changing circumstances over time (insofar as is reasonably practicable or appropriate in the circumstances); and\n\t(d)\twhere appropriate, designed to build capacity for the future, including by allowing for connections, extensions or augmentation by others who are able to leverage off the initial investment in the basic infrastructure; and\n\t(e)\tdesigned and built to a standard that is appropriate taking into account the nature and extent of development that is proposed to be undertaken within the relevant designated growth area; and\n\t(f)\tcapable of being procured and delivered in a timely manner to facilitate and promote orderly and economic development.\n\t(8)\tIn giving consideration to the constitution of a designated growth area under subsection (6)(b), consideration must be given to—\n\t(a)\tthe area or areas which will benefit from any basic infrastructure to be provided under the proposed scheme; and\n\t(b)\tthe extent to which it is possible to establish an area that will provide fair and sufficient funds over time with respect to the provision of the basic infrastructure under the proposed scheme; and\n\t(c)\tthe extent to which the designated growth area may overlap with a contribution area under Subdivision 3.\n\t(9)\tIn giving consideration to whether or not to include a proposal for the imposition of a charge under Subdivision 7, the Minister or proponent (in so far as it is reasonably practicable for the proponent to do so) must take into account—\n\t(a)\tthe extent that it is reasonable that other sources of funding be used instead; and\n\t(b)\tany schemes or arrangements (including with respect to the imposition of separate or other rates or charges) that are already in place, or already planned (and known to the Minister or proponent) with respect to the provision of basic infrastructure or the undertaking of works in the designated growth area (or in an adjacent or related area); and\n\t(c)\twhether the Minister proposes to terminate an agreement or deed under section 167 in connection with the adoption of the scheme.\n\t(10)\tThe Minister or proponent, in preparing the draft outline, must—\n\t(a)\ttake reasonable steps to consult with—\n\t(i)\tthe owners of land within the proposed designated growth area; and\n\t(b)\ttake reasonable steps to consult with the council within whose area the proposed designated growth area is situated,\nand may consult with any other person or body as the Minister or proponent thinks fit.\n\t(10a)\tA draft outline prepared by a proponent must be submitted to the Minister for approval, together with—\n\t(a)\ta report to the Minister setting out the outcome of the consultation required under subsection (10); and\n\t(b)\tany other information required by the Minister.\n\t(11)\tThe Minister must cause a draft outline prepared or approved by the Minister to be—\n\t(12)\tIn addition, the Minister must, as soon as is reasonably practicable after acting under this section on the advice of the Commission, publish the advice on the SA planning portal subject to any qualifications or redactions that are necessary to prevent the disclosure of confidential or commercially sensitive information provided by or relating to—\n\t(13)\tThe Minister will then (at a time determined by the Minister) refer the proposed scheme to the Chief Executive for the appointment of a scheme coordinator.\n163A—Initiation of scheme—primary infrastructure in relation to declared project area or designated growth area\n\t(1)\tThe Minister, CGO or a person or body interested in the provision or delivery of primary infrastructure (a proponent) may initiate a scheme in relation to the provision of primary infrastructure in a declared project area or designated growth area.\n\t(2)\tA scheme will be initiated by the Minister, CGO or proponent (as the case may be) preparing a draft outline of the scheme that—\n\t(a)\tprovides information about the nature and intended scope of the primary infrastructure; and\n\t(b)\tidentifies the proposed declared project area or designated growth area (as the case requires), being the area or areas that will benefit from the primary infrastructure to be provided under the proposed scheme; and\n\t(c)\tprovides information about the proposed timing or staging of the various elements of the scheme (to the extent such information is known); and\n\t(d)\toutlines, so far as is reasonably practicable, a funding arrangement for the scheme, including whether it is proposed to impose a charge under Subdivision 7; and\n\t(e)\tin the case of a scheme relating to a declared project—identifies any proposed amendments to the Planning and Design Code that may be made in connection with the declared project (including the provision of primary infrastructure under the scheme); and\n\t(f)\tidentifies (to the extent possible) any primary infrastructure that might be transferred to another entity when the scheme has been completed; and\n\t(g)\tprovides such other information as the Minister, CGO or proponent thinks fit (as the case requires).\n\t(3)\tThe person or body responsible for preparing a draft outline must—\n\t(a)\tin all cases—take reasonable steps to consult on the draft outline with—\n\t(i)\tthe owners of land within the proposed declared project area or designated growth area (as the case requires), except—\n\t(A)\tin a case where that area is the subject of a precinct master plan under the Urban Renewal Act 1995; or\n\t(B)\tin prescribed circumstances; and\n\t(ii)\tif the scheme relates to a declared project—the person undertaking the declared project; and\n\t(iii)\tthe council within whose area the proposed declared project area or designated growth area (as the case requires) is situated,\nand may consult with any other person or body as they think fit; and\n\t(b)\tin the case of a draft outline prepared by a proponent, submit the draft outline to the Minister or CGO (as determined by the Minister) for approval, together with—\n\t(i)\ta report to the Minister or CGO (as the case requires) setting out the outcome of the consultation required under paragraph (a); and\n\t(ii)\tany other information required by the Minister or CGO (as the case requires).\n\t(4)\tAfter consultation on a draft outline prepared by the Minister or CGO, or approval of a draft outline prepared by a proponent, the Minister or CGO (as the case requires) must cause the draft outline to be—\n\t(5)\tAfter publishing a draft outline, the Minister or CGO (as the case requires) must then refer the proposed scheme to the Chief Executive for the appointment of a scheme coordinator.\nSubdivision 3—Establishment of general schemes\n164—Initiation of scheme\n\t(1)\tThe Minister may initiate a scheme under this Division in relation to the provision of essential infrastructure (and the undertaking of any related development).\n\t(2)\tA scheme under this Division should relate to 1 or more of the following purposes:\n\t(a)\tto facilitate development or urban renewal of a significant nature by providing a scheme that supports and advances the provision of infrastructure;\n\t(b)\tto provide a mechanism for the equitable distribution and apportionment of the costs of essential infrastructure;\n\t(c)\tto assist in the augmentation of capital available to fund essential infrastructure;\n\t(d)\tto provide an incentive for the provision of essential infrastructure (including through private sector investment) by providing certainty through the establishment of the scheme.\n\t(3)\tSubject to subsection (4), a proposal to proceed under this section may be initiated—\n\t(a)\ton the Minister's own initiative; or\n\t(b)\tat the request of another person or body interested in the provision or delivery of infrastructure.\n\t(4)\tThe Minister may only act under this section on the advice of the Commission.\n\t(5)\tThe Commission must, in providing advice under this section, take into account any relevant state planning policy and regional plan, and the relevant provisions of the Planning and Design Code (subject to any relevant amendments that might be made in connection with potential or proposed development that is to be undertaken as part of, or in connection with, the scheme).\n\t(6)\tThe Minister will initiate a scheme by preparing a draft outline of the scheme that—\n\t(a)\tprovides detailed information about—\n\t(i)\tthe nature and intended scope of the infrastructure; and\n\t(ii)\tany related development that is proposed to be undertaken as part of the scheme; and\n\t(b)\tidentifies the location in relation to which it is proposed that the scheme will be established; and\n\t(c)\tprovides information about the proposed timing or staging of the various elements of the scheme; and\n\t(d)\tassesses the costs and benefits of the scheme; and\n\t(e)\toutlines a funding arrangement for the scheme; and\n\t(f)\tif a funding arrangement includes a proposal for the collection of contributions under Subdivision 8—specifies the area or areas (to be called a contribution area) in relation to which it is proposed that the contributions are to be imposed; and\n\t(g)\tprovides information about the person or body that will be carrying out the work envisaged by the scheme (to the extent that this is known); and\n\t(h)\tidentifies any infrastructure or other assets that might be expected to be transferred to another entity when the scheme has been completed; and\n\t(i)\tprovides such other information as the Minister thinks fit.\n\t(7)\tIn giving consideration to the nature and intended scope of infrastructure under a scheme, the Minister must seek to facilitate the provision of infrastructure that is—\n\t(a)\tfit for purpose; and\n\t(b)\tcapable of adaptation as standards or technology change over time (insofar as is reasonably practicable or appropriate in the circumstances); and\n\t(c)\tcapable of augmentation or extension to accommodate growth or changing circumstances over time (insofar as is reasonably practicable or appropriate in the circumstances); and\n\t(d)\twhere appropriate, designed to build capacity for the future, including by allowing for connections, extensions or augmentation by others who are able to leverage off the initial investments in the infrastructure; and\n\t(e)\tdesigned and built to a standard that is appropriate taking into account the nature and extent of development that is proposed to be undertaken as part of, or in connection with, the scheme; and\n\t(f)\tcapable of being procured and delivered in a timely manner to facilitate and promote orderly and economic development.\n\t(8)\tIn giving consideration to whether to include a proposal for the collection of contributions under Subdivision 8, the Minister must take into account—\n\t(a)\tthe extent to which it is reasonable that other sources of funding be used instead; and\n\t(b)\tthe extent to which the implementation of the scheme will have an impact on any council (including on account of any infrastructure or other assets that might be transferred to the council when the scheme has been completed) after taking into account any submissions made by the council under subsection (12); and\n\t(c)\tthe extent to which the relevant infrastructure will provide a direct benefit to—\n\t(i)\tthe development potential, capacity, use, value or amenity of the land that would be expected to be included within a relevant contribution area; and\n\t(ii)\twithout limiting subparagraph (i), people who might be required to make contributions through the imposition of a charge under Subdivision 8 by the relevant council; and\n\t(d)\tany schemes or arrangements (including with respect to the imposition of separate or other rates or charges) that are already in place, or are already planned (and known to the Minister), with respect to the provision of infrastructure or the undertaking of works in the area (or in an adjacent or related area).\n\t(9)\tIn giving consideration to the establishment of a contribution area under subsection (6)(f), consideration must be given to—\n\t(a)\tthe area or areas which will benefit from any infrastructure or works to be provided or undertaken under the proposed scheme; and\n\t(b)\tthe extent to which it may be possible for contributions towards the costs of the scheme to be equitably proportioned between potential beneficiaries; and\n\t(c)\tthe extent to which the contribution area may overlap with another contribution area under another scheme (or proposed scheme).\n\t(10)\tThe Minister must, in considering a scheme under this Subdivision, apply the principle that a scheme that relates to, or includes, basic infrastructure and is more suited to a scheme under Subdivision 2 should not be initiated under this Subdivision.\n\t(11)\tHowever, nothing in subsection (10) (or Subdivision 2) prevents a contribution being sought with respect to basic infrastructure under Subdivision 8 insofar as it is considered by the Minister to be reasonable that owners of land within a contribution area (and outside a designated growth area) should make a contribution towards the cost of that basic infrastructure.\n\t(12)\tThe Minister, in preparing the draft outline, must—\n\t(a)\ttake reasonable steps to consult with the council within whose area the scheme is proposed to be undertaken and, if relevant, any council whose area may include the whole or any part of a proposed contribution area; and\n\t(b)\ttake reasonable steps to consult with the owners of any land that would be directly affected by any infrastructure or works to be provided or undertaken under the proposed scheme,\nand may consult with any other person or body as the Minister thinks fit.\n\t(13)\tThe Minister will then publish the draft outline—\n\t(a)\tin the Gazette; and\n\t(b)\ton the SA planning portal.\n\t(14)\tIn addition, the Minister must, as soon as is reasonably practicable after acting under this section on the advice of the Commission, publish the advice on the SA planning portal subject to any qualifications or redactions that are necessary to prevent the disclosure of confidential or commercially sensitive information provided by or relating to—\n\t(15)\tThe Minister will then (at a time determined by the Minister) refer the proposed scheme to the Chief Executive for the appointment of a scheme coordinator.\nSubdivision 4—Scheme coordinator\n165—Scheme coordinator\n\t(1)\tThe Chief Executive must, on a referral under section 163, 163A or 164—\n\t(a)\tappoint a suitably qualified person to act as the scheme coordinator; or\n\t(b)\tconstitute a committee to be appointed as the scheme coordinator; or\n\t(c)\tappoint a precinct authority or CGO to act as the scheme coordinator.\n\t(2)\tIn a case where subsection (1)(a) applies, the Chief Executive may replace the person appointed under that subsection from time to time as the Chief Executive thinks fit.\n\t(3)\tIn a case where subsection (1)(b) applies, the Chief Executive may—\n\t(a)\tconstitute the committee as the Chief Executive thinks fit; and\n\t(b)\tappoint or remove persons to or from the committee from time to time as the Chief Executive thinks fit; and\n\t(c)\tdetermine any matter relevant to the operation and procedures of the committee.\n\t(4)\tAn appointment by the Chief Executive under this section will be on conditions determined by the Chief Executive.\n165A—Delegation\n\t(1)\tA scheme coordinator appointed under this Division may delegate any of the scheme coordinator's functions or powers under this Act.\n\t(d)\tis revocable at will and does not derogate from the power of the scheme coordinator to act in any matter.\n166—Consideration of proposed scheme\n\t(1)\tA scheme coordinator has the following functions in relation to a proposed scheme:\n\t(a)\tto prepare scoped and costed proposals for the scheme that accord with any relevant design standards;\n\t(b)\tto develop a work program for the scheme;\n\t(c)\tto undertake consultation in relation to the scheme in accordance with subsection (1a) and any requirement under the Community Engagement Charter;\n\t(d)\tif it is proposed that a funding arrangement should be established under this Division—to develop the funding arrangement;\n\t(e)\tsuch other functions assigned by the Minister after consultation with the Chief Executive.\n\t(1a)\tA scheme coordinator must, in undertaking consultation under subsection (1)(c) on a proposed scheme, identify whether the Minister proposes to terminate an agreement or deed under section 167 in connection with the adoption of the scheme.\n\t(2)\tIn addition to the other provisions of this Division, in developing a funding arrangement that includes a proposal for the imposition of a charge made under Subdivision 7, the scheme coordinator should seek to act consistently with the following principles:\n\t(a)\tthe charge should be limited to recovering the reasonable costs relating to the infrastructure; and\n\t(b)\tthe charge should not have an excessively adverse impact on—\n\t(i)\tthe development of a designated growth area or declared project area (as the case requires); or\n\t(ii)\thousing or living affordability within a designated growth area or declared project area (as the case requires); or\n\t(iii)\temployment, investment or economic viability associated with a designated growth area or declared project area (as the case requires); and\n\t(c)\tthe charge must be based on a scheme under which a payment or payments under the charge become payable (or commence to become payable) on a specified event or events; and\n\t(d)\tfunding under the scheme should recognise the need to provide value for money in connection with funding arrangements including, as appropriate, through contestable provision of basic infrastructure or primary infrastructure (as the case requires); and\n\t(e)\trebates for charges should be available in appropriate circumstances; and\n\t(f)\texemptions from the imposition of a charge should be considered depending on the circumstances of the case.\n\t(3)\tIn connection with subsection (2)(c), an event or events that trigger the requirement to make, or to begin to make, a payment under a charge must be related to when development is undertaken being—\n\t(a)\tthe depositing of a plan for the division of land under Part 19AB of the Real Property Act 1886; or\n\t(b)\tundertaking of approved development.\n\t(4)\tIn addition to subsection (2)(f), exemptions from the imposition of a charge under Subdivision 7 will apply in any circumstances prescribed by the regulations.\n\t(5)\tIn addition to the other provisions of this Division, in developing a funding arrangement that includes a proposal for the collection of contributions under Subdivision 8, the scheme coordinator should seek to act consistently with the following principles:\n\t(a)\tthe contributions should be limited to recovering the reasonable costs relating to the infrastructure;\n\t(b)\tthe contributions should not have an excessively adverse impact on—\n\t(i)\thousing or living affordability within a contribution area; or\n\t(ii)\temployment, investment or economic viability associated with a contribution area;\n\t(c)\tthe timing of the collection of contributions under the scheme should be connected to the production or delivery of infrastructure to which the contributions relate, such that the scheme should not involve the collection of an excessive amount of contributions before the relevant infrastructure is produced or delivered; and\n\t(d)\tfunding under the scheme—\n\t(i)\tmay, as appropriate—\n\t(A)\tseek to attribute costs over the lifetime of the relevant infrastructure (or over some other appropriate period); or\n\t(B)\tbe based on contributions that become payable on a specified event or events; and\n\t(ii)\tshould recognise the need to provide value for money in connection with funding arrangements including, as appropriate, through the contestable provision of infrastructure;\n\t(e)\taugmentation charges should be shared between beneficiaries in proportion to the benefits that they receive;\n\t(f)\trebates for charges imposed under Subdivision 8 should be available in appropriate circumstances;\n\t(g)\texemptions from the imposition of charges imposed under Subdivision 8 should be considered depending on the circumstances of the case.\n\t(5a)\tFor the purposes of subsections (2)(a) and (5)(a), the reasonable costs relating to infrastructure includes—\n\t(a)\tthe reasonable capital costs of the infrastructure based only on infrastructure that is not excessive and that is not produced or delivered at a cost or price that is unreasonable in the circumstances; and\n\t(b)\tthe scheme coordinator's reasonable estimate of the value of any land to be used for the provision of the infrastructure; and\n\t(c)\tthe reasonable costs relating to the initiation of the proposed scheme (including the costs of preparing a draft outline and appointing a scheme coordinator); and\n\t(d)\tthe reasonable costs of preparing the proposed scheme for adoption (including the scheme coordinator's consideration of the scheme and related operational matters); and\n\t(e)\tthe reasonable costs of overseeing the delivery of the infrastructure (or works that form part of the scheme) and, if relevant, administering a funding arrangement approved for the scheme.\n\t(5b)\tIn connection with subsection (5a)(b)—\n\t(a)\tthe scheme coordinator's reasonable estimate of the value of land must be determined in accordance with any requirements published by the Minister on the SA planning portal; and\n\t(b)\tif the land needs to be purchased, the value of that land includes any costs associated with its purchase.\n\t(6)\tIn connection with subsection (5)(d)(i)(B), an event or events that trigger the requirement to make, or to begin to make, contributions should be related to when a benefit will begin to accrue, or is intended to accrue—\n\t(a)\tin relation to land; or\n\t(b)\tto the persons who will be subject to charges within a contribution area under Subdivision 8,\nbeing (for example)—\n\t(c)\tthe division of land; or\n\t(d)\ta change to Planning and Design Code; or\n\t(e)\tan approval or the undertaking of development (including development involving the provision of infrastructure).\n\t(7)\tIn addition to subsection (5)(g), exemptions from the imposition of a charge imposed under Subdivision 8 will apply in any circumstances prescribed by the regulations.\n\t(8)\tThe scheme coordinator will, after taking the steps set out in subsection (1), prepare a report on the outcome of its activities and furnish a copy of the report to the Minister.\n\t(9)\tThe Minister must publish a copy of a report furnished under subsection (8) on the SA planning portal as soon as is reasonably practicable after determining whether or not to proceed with the scheme to which the report relates, subject to any qualifications or redactions that are necessary to prevent the disclosure of confidential or commercially sensitive information provided by or relating to—\nSubdivision 5—Adoption of proposed scheme and related operational matters\n167—Adoption of scheme\n\t(1)\tThe Minister may, on the receipt of a report on a proposed scheme furnished by a scheme coordinator—\n\t(a)\tdetermine to proceed with the scheme with any variations, exclusions or inclusions as the Minister thinks fit; or\n\t(b)\tdetermine not to proceed with the scheme.\n\t(2)\tHowever, the Minister must, before making a variation, exclusion or inclusion under subsection (1)(a) that will involve a significant change to the scheme, refer the scheme (including the proposed variation, exclusion or inclusion) to the scheme coordinator for the scheme coordinator to consider and report to the Minister on the scheme in accordance with section 166 as if it were a proposed scheme under that section.\n\t(3)\tIf the Minister decides to proceed under subsection (1)(a), the Minister must cause a final outline of the scheme to be—\n\t(3a)\tIf a scheme under section 163 is adopted or varied under section 167A, the Minister may, by notice published on the SA planning portal, terminate an agreement or deed specified in the notice that relates to the provision of infrastructure in relation to the designated growth area to which the scheme relates.\n\t(3b)\tBefore an agreement or deed is terminated by notice published under subsection (3a), the Minister must give the parties to the agreement or deed at least 30 days notice of the termination.\n\t(3c)\tIf a scheme under section 163A is adopted, the Minister may, by notice published on the SA planning portal, terminate an agreement or deed specified in the notice that relates to the provision of infrastructure in relation to the declared project area or designated growth area to which the scheme relates.\n\t(3d)\tBefore an agreement or deed is terminated by notice published under subsection (3c), the Minister must give the parties to the agreement or deed at least 30 days notice of the termination.\n\t(3e)\tAn agreement or deed may only be terminated under subsection (3a) or (3c) if any Minister or council that is a party to the agreement or deed has agreed to its termination.\n\t(3f)\tNo compensation is payable in relation to the termination of an agreement or deed under subsection (3a) or (3c).\n\t(3g)\tSubsections (3a) to (3f) (inclusive) have effect despite the terms of any agreement or deed (or understanding or undertaking) and without the need for any other act or consent.\n\t(4)\tA funding arrangement that forms part of a scheme takes effect subject to obtaining an approval under Subdivision 6.\n\t(5)\tThe Minister may, if the Minister considers it necessary or appropriate to do so, vary an outline of the scheme at any time.\n\t(6)\tA variation under subsection (5) may include a proposal to vary a funding arrangement that has been approved under Subdivision 6.\n\t(7)\tThe Minister must, before making a variation that will involve a significant change to the scheme—\n\t(a)\tif the scheme provides for the imposition of a charge under Subdivision 7, give consideration to whether or not such a charge should be included in the scheme, taking into account the variation and, if the scheme was initiated under section 163, the matters referred to in section 163(9); and\n\t(c)\ttake reasonable steps to consult with the council within whose area the scheme is proposed to be undertaken and, if relevant, any council whose area may include the whole or any part of a proposed contribution area; and\n\t(d)\ttake reasonable steps to consult with the owners of any land that would be directly affected by any infrastructure or works to be provided or undertaken under the proposed scheme; and\n\t(e)\tconsult with any other person or body as the Minister thinks fit,\nand the Minister must then refer the scheme (as proposed to be varied) to the scheme coordinator.\n\t(8)\tThe scheme coordinator must, on a referral under subsection (7), consider and report to the Minister on the scheme in accordance with section 166 as if it were a proposed scheme under that section.\n\t(9)\tA variation under subsection (5) will be made by the Minister by instrument—\n\t(10)\tThe Minister may, in constituting a scheme, include or address any other matter as the Minister thinks fit.\n\t(11)\tTo avoid doubt, the liabilities of a scheme will accrue under the terms of the scheme (and, if relevant, against a fund established under Subdivision 9 and not against a council that is required to make contributions under Subdivision 8).\n167A—Variation of basic infrastructure scheme to include primary infrastructure\n\t(1)\tThe Minister may, on the recommendation of the scheme coordinator for a scheme under section 163, vary the scheme so that it also provides for primary infrastructure.\n\t(2)\tBefore making a recommendation under subsection (1), the scheme coordinator must—\n\t(a)\tif prescribed circumstances apply—\n\t(i)\tpublish a copy of the proposed variation on the SA planning portal and invite interested persons to make submissions on the variation within a period (of at least 28 days) specified by the scheme coordinator; and\n\t(ii)\tprepare a report on the variation and furnish a copy of the report to the Minister; or\n\t(b)\tin any other case—\n\t(i)\tprepare a draft outline of the variation that addresses the matters referred to in section 163A(2) as if the draft outline of the variation were a draft outline of a scheme under section 163A; and\n\t(ii)\tprepare scoped and costed proposals relating to the variation to the scheme that accord with any relevant design standards; and\n\t(iii)\tif the variation proposes that a funding arrangement should be established under this Division for the primary infrastructure—develop the funding arrangement; and\n\t(iv)\tundertake consultation in relation to the variation in accordance with any requirements under the Community Engagement Charter; and\n\t(v)\tprepare a report on the matters referred to in the preceding subparagraphs and furnish a copy of the report to the Minister.\n\t(3)\tSubject to subsection (4), section 166(2) to (4) (inclusive) apply to the development of a funding arrangement under subsection (2)(b)(iii) proposed in a variation in the same way as they apply to the development of a funding arrangement in relation to a proposed scheme.\n\t(4)\tThe regulations may provide that specified provisions of Subdivision 2 or 4 to 7 (inclusive) do not apply, or apply with prescribed variations, in relation to a variation of a scheme under this section (including in relation to the functions of a scheme coordinator under subsection (2) in relation to a variation).\n\t(5)\tThe Minister must publish a copy of a report furnished under subsection (2) on the SA planning portal as soon as is reasonably practicable after determining whether or not to make the variation to which the report relates, subject to any qualifications or redactions that are necessary to prevent the disclosure of confidential or commercially sensitive information provided by or relating to—\n\t(6)\tA variation under subsection (1) will be made by the Minister by instrument—\n\t(7)\tThe Minister must ensure that a copy of the scheme as varied under subsection (1) is published on the SA planning portal as soon as reasonably practicable after the variation is notified under subsection (6).\n\t(8)\tA funding arrangement that forms part of a scheme as varied under subsection (1) takes effect subject to obtaining an approval under Subdivision 6.\n\t(9)\tFor the purposes of this and any other Act or law, a scheme as varied under subsection (1) takes effect as if it were a scheme under section 163A.\n\t(10)\tTo avoid doubt, section 167(5) to (9) (inclusive) do not apply to the variation of a scheme under section 163 in accordance with this section.\n168—Role of scheme coordinator in relation to delivery of scheme\n\t(1)\tThe scheme coordinator has the following functions in relation to a scheme established under this Division:\n\t(a)\tto oversee the delivery of any infrastructure or works that form part of the scheme;\n\t(b)\tif a funding arrangement is approved under this Division—to administer the funding arrangement and to provide advice to the Minister about the enforcement of any charge under Subdivision 7 or the levels and amounts of any contributions that are to be recovered under Subdivision 8;\n\t(c)\tto provide advice to the Minister about what should happen on the completion of the works associated with the scheme;\n\t(d)\tto provide advice on any other matter at the request of the Minister or as the scheme coordinator thinks fit;\n\t(e)\tsuch other functions assigned by the Minister after consultation with the Chief Executive.\n\t(2)\tWithout limiting subsection (1), the scheme coordinator should seek to ensure that essential infrastructure is procured and delivered in a timely manner and at reasonable cost and, in so doing, apply and act in accordance with the following principles:\n\t(a)\tthe cost of essential infrastructure should be open and transparent;\n\t(b)\tthe design of, and procurement processes for, essential infrastructure should be dynamic, flexible and adaptable to the changes in circumstances, especially changes within a designated growth area or contribution area;\n\t(c)\tessential infrastructure should be delivered in a way that facilitates and promotes orderly and economic development, economic growth and employment.\n\t(3)\tIn addition, the scheme coordinator should, insofar as is reasonable, seek out and bring to the attention of the Chief Executive any additional or alternative funding sources that could ensure that charges and contributions under any funding arrangement for infrastructure under the relevant scheme are kept as low as possible.\n\t(4)\tNo liability attaches to a scheme coordinator, the Minister or the Crown in relation to any advice provided in good faith under this section to a person proposing to apply for a development authorisation.\nSubdivision 6—Funding arrangements\n169—Funding arrangements\n\t(1)\tA funding arrangement established under this Division may—\n\t(a)\tinclude 1 or more of the following:\n\t(i)\tthe provision of funds from public or private sources (including by the Treasurer providing guarantees if the Treasurer thinks fit);\n\t(ii)\texemptions from 1 or more taxes, levies or local government rates imposed under a law of the State;\n\t(iii)\tthe imposition of a charge under Subdivision 7, including by establishing a designated growth area or declared project area (as the case requires);\n\t(iv)\tthe collection of contributions under Subdivision 8, including by designating the relevant contribution area or areas; and\n\t(b)\tinclude a scheme for rebates and other adjustments in relation to contributions that would be otherwise payable under Subdivision 7 or Subdivision 8 (and any such scheme will have effect according to its terms); and\n\t(c)\tprovide for any charge or other amount to be imposed, collected, rebated or adjusted according to a determination of ESCOSA, or of some other specified person or body (including a determination that is made after the scheme has been approved under this section); and\n\t(d)\tinclude a methodology for works within a scheme under this Division to be undertaken on an \"in kind\" basis; and\n\t(e)\tprovide for other matters determined by the Minister.\n\t(2)\tIn connection with subsection (1)—\n\t(a)\ta scheme that provides for the imposition of a charge under Subdivision 7—\n\t(i)\tmay provide for the indexing of the charge under an index, or at a rate, determined or approved by the ESCOSA, or by some other prescribed person or body; and\n\t(ii)\tmust specify arrangements for the periodic review of the charge under the relevant scheme and, as part of such a review, may provide for any matter to be considered or determined by ESCOSA, or by some other prescribed person or body; and\n\t(b)\ta scheme that provides for the collection of contributions under Subdivision 8 must specify arrangements for the periodic review of the levels and amounts of those contributions and, as part of such a review, may provide for any matter to be considered or determined by ESCOSA, or by some other prescribed person or body, on application by the Minister or a council; and\n\t(c)\tESCOSA has (in addition to ESCOSA's functions and powers under the Essential Services Commission Act 2002)—\n\t(i)\tthe ability to make a determination for the purposes of subsection (1)(c); and\n\t(ii)\tthe ability to act on an application under paragraph (a) or (b); and\n\t(iii)\tany other functions and powers conferred by regulations made under this Act; and\n\t(d)\tif ESCOSA is to act under this section, the Essential Services Commission Act 2002 may apply subject to such modifications as may be prescribed by regulations made on the recommendation of the Minister after consultation with ESCOSA.\n\t(3)\tDespite paragraph (a) of subsection (2), ESCOSA, or another prescribed person or body acting in accordance with that paragraph, may not make a determination in relation to a scheme that provides for the imposition of a charge under Subdivision 7 that results in the charge being payable over a longer period of time than the period applying under the funding arrangement established by the scheme.\n\t(4)\tDespite the preceding subsections, a funding arrangement under a scheme that provides for the imposition of a charge under Subdivision 7 must provide that the liability to make a payment or payments under the charge after the occurrence of an event or events that trigger the requirement to make, or to begin to make, such payments cannot be transferred to a purchaser of any land or dwelling to which the scheme relates who intends to occupy the land or dwelling for residential purposes.\n\t(5)\tA funding arrangement has no force or effect unless or until it has been approved by the Minister by notice published in the Gazette.\n\t(6)\tThe Minister may vary or revoke a funding arrangement approved under subsection (5) by further notice published in the Gazette.\n\t(7)\tIf the Minister approves or varies a funding arrangement under this section, the Minister must—\n\t(a)\tprepare a report that sets out the funding arrangement and information about any contribution that is to be collected under Subdivision 8 or charge that is to be imposed under Subdivision 7 or, if relevant, the extent of a variation; and\n\t(b)\tfurnish a copy of the report to the ERD Committee; and\n\t(c)\tpublish a copy of the report on the SA planning portal.\n\t(8)\tA funding arrangement that provides for or includes the collection of contributions under Subdivision 8 in relation to prescribed infrastructure cannot be approved under subsection (5) unless (in relation to the component that relates to the imposition of those contributions)—\n\t(a)\tCGO or the Chief Executive (as determined by the Minister) has taken reasonable steps to consult with—\n\t(i)\tan entity or entities that, in the opinion of CGO or the Chief Executive (as the case may be), represent the interests of persons who are directly involved in providing infrastructure or developing land that may be subject to a scheme of the relevant kind under this Division; and\n\t(ii)\tif the funding arrangement is specifically relevant to a particular council or councils—that council or those councils; and\n\t(iii)\tthe LGA; and\n\t(iv)\tany other person or body specified by the Minister; and\n\t(ab)\tCGO or the Chief Executive (as the case requires) has furnished a report to the Minister—\n\t(i)\tsetting out the outcome of the consultation required under paragraph (a); and\n\t(ii)\trecommending that the funding arrangement be approved; and\n\t(b)\tthe funding arrangement has been approved by all of the persons who, as at the day that is 90 days before the day on which the funding arrangement is approved under subsection (5), own land within the relevant contribution area or areas, other than—\n\t(i)\tcommunity land under the Local Government Act 1999; or\n\t(ii)\ta public road under the Local Government Act 1999; or\n\t(iii)\tdedicated land under the Crown Land Management Act 2009; or\n\t(iv)\tland held by, or under the care, control or management of, the Urban Renewal Authority under the Urban Renewal Act 1995; or\n\t(v)\tother land held for a public purpose excluded from the ambit of this definition by the regulations.\n\t(9)\tIn connection with subsection (8), the approval of any person under subsection (8)(b) will be obtained or ascertained in a manner determined by the Minister for the purposes of that subsection.\n\t(10)\tCGO or the Chief Executive (as the case may be) may only make a recommendation to the Minister under subsection (8) that a funding arrangement be approved if is satisfied, having regard to any consultation on the scheme undertaken by the scheme coordinator, that the scheme provides for contributions under Subdivision 8, and rebates and other adjustments in relation to the contributions, in a manner that—\n\t(a)\tis fair and equitable; and\n\t(b)\twould not unreasonably disadvantage persons who own small areas of land within the relevant contribution area or areas; and\n\t(c)\tis reasonable taking into account the matters referred to in section 164(8) and the principles referred to in section 166(5).\n\t(11)\tIf a report furnished to the ERD Committee under subsection (7) relates to the approval of a scheme for the collection of contributions under Subdivision 8 (a contributions scheme) or the approval or variation of a funding arrangement under a scheme that provides for the imposition of a charge under Subdivision 7 (a charge scheme), the ERD Committee must, after receiving the report—\n\t(a)\tresolve that it does not object to the contributions scheme or charge scheme (as the case requires); or\n\t(b)\tresolve to suggest amendments to the contributions scheme or charge scheme (as the case requires); or\n\t(c)\tresolve to object to the contributions scheme or charge scheme (as the case requires).\n\t(12)\tSubject to subsection (14), if, at the expiration of 28 days from the day on which the report was referred to the ERD Committee under subsection (7), the ERD Committee has not made a resolution under subsection (11), it will be conclusively presumed that the ERD Committee does not object to the contributions scheme or charge scheme (as the case requires) and does not propose to suggest any amendments.\n\t(13)\tSubject to subsection (14), if the period of 28 days referred to in subsection (12) would, but for this subsection, expire in a particular case between 15 December in 1 year and 15 January in the next year (both days inclusive), the period applying for the purposes of subsection (12) will be extended on the basis that any days falling on or between those 2 dates will not be taken into account for the purposes of calculating the period that applies under subsection (12).\n\t(14)\tIf the period applying under subsection (12), including by virtue of subsection (13), would, but for this subsection, expire in a particular case sometime between the day on which the House of Assembly is dissolved for the purposes of a general election and the day on which the ERD Committee is reconstituted at the beginning of the first session of the new Parliament after that election (both days inclusive), the period will be extended by force of this subsection so as to expire 28 days from the day on which the ERD Committee is so reconstituted.\n\t(15)\tIf an amendment is suggested under subsection (11)—\n\t(a)\tthe Minister may proceed to make such an amendment; or\n\t(b)\tthe Minister may report back to the ERD Committee that the Minister is unwilling to make the amendment suggested by the ERD Committee and, in such a case, the ERD Committee may—\n\t(i)\tresolve that it does not object to the contributions scheme or charge scheme (as the case requires); or\n\t(ii)\tresolve to object to the contributions scheme or charge scheme (as the case requires).\n\t(16)\tIf the ERD Committee resolves to object to the contributions scheme or charge scheme (as the case requires), copies of the report furnished to the ERD Committee under subsection (7) must be laid before both Houses of Parliament.\n\t(17)\tIf either House of Parliament passes a resolution disallowing the contributions scheme or charge scheme (as the case requires) after a report has been laid before it under subsection (16), then the contributions scheme or charge scheme (as the case requires) will cease to have effect.\n\t(18)\tA resolution is not effective for the purposes of subsection (17) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the relevant report was laid before the House.\n\t(19)\tIf a resolution is passed under subsection (18), notice of that resolution must immediately be published in the Gazette.\n\t(20)\tSubsections (11) to (19) (inclusive) do not apply in a particular case if—\n\t(a)\tthe Minister has consulted with the ERD Committee before the contributions scheme or charge scheme (as the case requires) has been finalised; and\n\t(b)\tthe ERD Committee has resolved, on account of that consultation, that the scheme need not be subject to the processes set out in those subsections if or when it has been approved by the Minister as part of the relevant funding arrangement under subsection (5).\n\t(21)\tIn this section—\nprescribed infrastructure means—\n\t(a)\tinfrastructure within the ambit of paragraph (i), (j) or (k) of the definition of essential infrastructure under section 3(1); or\n\t(b)\twithout limiting paragraph (a), infrastructure that relates to the provision of public transport; or\n\t(c)\tother infrastructure brought within the ambit of this definition by the regulations.\n170—Government guarantees\nA liability of the Crown arising by virtue of a guarantee under an approved funding arrangement is to be paid out of the Consolidated Account (which is appropriated to the necessary extent).\n171—Exemptions from taxes and levies\nAn exemption from a tax, levy or local government rate under an approved funding arrangement will have effect by force of this section (and despite any other Act).\n","sortOrder":24},{"sectionNumber":"Subdiv 7","sectionType":"subdivision","heading":"Charges on land","content":"Subdivision 7—Charges on land\n172—Application of Subdivision\nThis Subdivision applies with respect to charges for the purposes of a scheme initiated under Subdivision 2.\n173—Creation of charge\n\t(1)\tThe Minister may impose a charge under this Subdivision over land within a designated growth area or declared project area (as the case requires).\n\t(2)\tThe Minister may impose a charge over land with or without the agreement of the owner of the land.\n\t(3)\tFor the purpose of the imposition of a charge, the Minister may deliver to the Registrar‑General a notice, in a form determined by the Registrar‑General—\n\t(a)\tsetting out or incorporating the terms of the charge; and\n\t(b)\tsetting out the real property over which it exists; and\n\t(c)\trequesting the Registrar‑General to note the charge against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.\n\t(4)\tThe Registrar-General must, on receipt of a notice under subsection (3), in relation to the real property referred to in the notice, enter an appropriate notation in accordance with the notice.\n\t(5)\tWhen an entry is made under subsection (4), a charge over the real property is created.\n\t(6)\tThe terms and conditions of the charge may be varied—\n\t(a)\tby the Minister after consultation with the owner of the land to which the charge relates (and with or without the agreement of the owner of the land); or\n\t(b)\ton account of a periodic review under section 169(2)(a); or\n\t(c)\tin circumstances prescribed by the regulations.\n\t(7)\tA variation under subsection (6) will be effected in a manner determined by the Minister after consultation with the Registrar‑General.\n\t(8)\tThe Minister must, when payments under a charge have been made and paid in full, by further notice to the Registrar‑General under this section, cancel the charge.\n174—Ranking of charge\n\t(1)\tWhile a charge exists over real property, the Registrar‑General must not register an instrument affecting the property unless—\n\t(a)\tthe instrument was executed before the charge was created or relates to an instrument registered before the charge was created; or\n\t(b)\tthe instrument is an instrument of a prescribed class; or\n\t(c)\tthe Minister consents to the registration in writing; or\n\t(d)\tthe instrument—\n\t(i)\tis expressed to be subject to the charge; and\n\t(ii)\tis not a conveyance that relates to the transfer or sale of the real property to a purchaser who intends to occupy the real property for residential purposes; or\n\t(e)\tthe instrument is a duly stamped conveyance that relates to the transfer or sale of the real property under section 175.\n\t(2)\tAn instrument registered under subsection (1)(a), (b) or (c) has effect, in relation to the charge, as if it had been registered before the charge was created.\n\t(3)\tIf an instrument is registered under subsection (1)(e), the charge will be taken to be cancelled and the Registrar‑General must make the appropriate entries to give effect to the cancellation.\n175—Enforcement of charge\n\t(1)\tIf a person fails to comply with the terms and conditions of a charge, the charge may be enforced as follows:\n\t(a)\tthe Minister must, by notice in the Gazette, inform the person of the breach and give the person at least 1 month to remedy the breach;\n\t(b)\tif the person does not remedy the breach within the time allowed in a notice under paragraph (a), the Minister may proceed to have the land to which the charge relates sold.\n\t(2)\tThe sale will be by public auction (and the Minister may set a reserve price for the purposes of the sale).\n\t(3)\tIf, before the date of such an auction, the outstanding amount of the charge and the costs incurred by the Minister in proceeding under this section are paid to the Minister, the Minister must call off the auction.\n\t(4)\tThe requirement to sell at auction does not apply in any circumstances prescribed by the regulations.\n\t(a)\tan auction fails; or\n\t(b)\tan auction is not required under subsection (4),\nthe Minister may sell the land by private contract for the best price that the Minister may reasonably obtain.\n\t(6)\tAny money required by the Minister in respect of the sale of land under this section will be applied as follows:\n\t(a)\tfirstly—in paying the costs of the sale and any other costs of a prescribed kind;\n\t(b)\tsecondly—in discharging any liabilities secured by instrument registered before the charge was created, or that is taken to have such effect by virtue of section 174;\n\t(c)\tthirdly—in discharging the amount or amounts secured by the charge;\n\t(d)\tfourthly—in discharging any other liabilities secured by registered instruments;\n\t(e)\tfifthly—in discharging any other liabilities that exist in relation to the land of which the Minister has notice;\n\t(f)\tsixthly—in payment to the owner of the land.\n\t(7)\tThe title obtained under the sale of the land will be free of—\n\t(a)\tany charge under this Subdivision; and\n\t(b)\tall other liabilities discharged under subsection (6); and\n\t(c)\tany other liability that may exist on account of any mortgage, charge or encumbrance.\n\t(8)\tIf land is sold, an instrument of transfer or conveyance in pursuance of the sale executed by the Minister will, on registration or enrolment, operate to vest title to the land in the person named in the transfer or conveyance.\n\t(9)\tIf it is not reasonably practicable to obtain the duplicate certificate of title to land that is sold in pursuance of this section (or other relevant instrument), the Registrar‑General may register a transfer or conveyance despite the non‑production of the duplicate (or instrument), but in that event will cancel the existing certificate of title for the land and issue a new certificate in the name of the transferee.\n","sortOrder":25},{"sectionNumber":"Subdiv 8","sectionType":"subdivision","heading":"Scheme contributions","content":"Subdivision 8—Scheme contributions\n176—Application of Subdivision\n\t(1)\tThis Subdivision applies in order to raise contributions for the purposes of a scheme that is undertaken under this Division.\n\t(2)\tThe contributions will apply in relation to an area of the State designated as a contribution area by the relevant funding arrangement established under Subdivision 6.\n\t(3)\tTo avoid doubt, a contribution area under a scheme may overlap with a contribution area under another scheme.\n\t(4)\tIn a case where subsection (3) applies, the relevant contributions will be collected separately and the succeeding provisions of this Subdivision will apply accordingly.\n177—Contributions by constituent councils\n\t(1)\tIf this Subdivision applies in relation to a contribution area, the council or councils whose areas or parts of whose areas fall within the contribution area (the constituent councils) are responsible to make a contribution under this Subdivision based on an amount specified by the Minister in accordance with this Subdivision in respect of each financial year with respect to which this Subdivision applies.\n\t(2)\tSubject to this section, liability for the amount to be contributed by constituent councils will be shared between them—\n\t(a)\tif the charge under section 180 is based on the value of rateable land—\n\t(i)\tunless subparagraph (ii) or (iii) applies, in the proportions that the capital value of the rateable land in the contribution area is distributed amongst the areas of the councils (and this subparagraph applies despite the fact that an individual council uses a different basis to impose the charge);\n\t(ii)\tif all of the constituent councils base their general rates on the site value of land—in the proportions that the site value of the rateable land in the contribution area is distributed amongst the areas of the councils;\n\t(iii)\tif all of the constituent councils base their general rates on the annual value of land—in the proportions that the annual value of the rateable land in the contribution area is distributed amongst the areas of the councils;\n\t(b)\tif the charge is a fixed amount on all rateable land—in proportion to the number of rateable properties situated in the area of each council (being properties also situated in the contribution area);\n\t(c)\tif the charge is a fixed amount that depends on the purpose for which rateable land is used—in proportion to the number of rateable properties used for each relevant purpose that are in the area of each council and also in the contribution area;\n\t(d)\tif the charge is based on the area of rateable land—in the proportions that the area of the rateable land in the contribution area is distributed amongst the areas of the councils;\n\t(e)\tif the charge is based on the purpose for which rateable land is used and the area of rateable land—in the proportions that the area of the rateable land in the contribution area that is used for each purpose is distributed amongst the areas of the councils;\n\t(f)\tif the charge is based on the location of rateable land—in proportion to the number of rateable properties situated within the location or locations in the area of each council (being properties also situated in the contribution area).\n\t(3)\tThe Minister may, in connection with the operation of subsection (2), determine that there should be differentiating factors applied with respect to the calculation of the respective shares of the constituent councils taking into account any matter prescribed by the regulations and make adjustments to the shares that the constituent councils would otherwise contribute on the basis of these factors.\n\t(4)\tThe share of each council will be determined by the Minister after consultation with the council and the scheme coordinator.\n\t(5)\tA council must, at the request of the Minister, supply the Minister with information in the possession of the council to enable the Minister to determine shares under subsections (2) and (3).\n\t(6)\tThe Minister must cause notice of the determination of a council's share to be given to the council and to be published in the Gazette.\n\t(7)\tA regulation cannot be made for the purposes of this section unless the Minister has given the LGA notice of the proposal to make a regulation under this section and given consideration to any submission made by the LGA within a period (of at least 21 days) specified by the Minister.\n\t(8)\tIn this section—\nrateable land means rateable land under the Local Government Act 1999.\n178—Payment of contributions\n\t(1)\tA council's share of the amount to be contributed by the constituent councils is payable by the council in approximately equal instalments on 30 September, 31 December, 31 March and 30 June in the year to which the contribution relates in accordance with a determination of the Minister and interest accrues on any amount unpaid at the rate and in the manner prescribed by regulation.\n\t(2)\tAn amount payable by a council under this section and any interest that accrues in respect of that amount is recoverable as a debt in accordance with a scheme prescribed by the regulations.\n179—Funds may be expended in subsequent years\nTo avoid doubt, if an amount paid by a council under this Subdivision is not spent in the financial year in respect of which it was paid, it may be spent in a subsequent financial year.\n180—Imposition of charge by councils\n\t(1)\tIn order to reimburse itself for the amounts contributed (or to be contributed) under this Subdivision, a council must impose a charge on rateable land in the contribution area.\n\t(2)\tA charge must be consistent with—\n\t(a)\tthe funding arrangement established under Subdivision 6; and\n\t(b)\tany determination or direction of the Minister.\n\t(3)\tExcept to the extent that the contrary intention appears, Chapter 10 of the Local Government Act 1999 applies to and in relation to a charge as if it were a separate rate under that Chapter.\n\t(4)\tWithout limiting the operation of any other provision of this Act, the following provisions apply with respect to the application of Chapter 10 of the Local Government Act 1999 to and in relation to a charge:\n\t(a)\tsection 154(1), (2) and (4) of that Act will not apply in relation to the charge and the basis for the charge will be chosen from the following (as set out in the relevant funding arrangement):\n\t(i)\tthe value of rateable land; or\n\t(ii)\ta fixed charge of the same amount on all rateable land; or\n\t(iii)\ta fixed charge of an amount that depends on the purpose for which rateable land is used; or\n\t(iv)\tthe area of rateable land; or\n\t(v)\tthe purpose for which rateable land is used and the area of the land; or\n\t(vi)\tthe location of rateable land;\n\t(b)\tif the value of rateable land is the basis for the charge under paragraph (a), a council must use capital value, site value or annual value as the basis to impose the charge;\n\t(c)\tif a fixed charge is the basis for the charge under paragraph (a), then section 152 of that Act will apply subject to any modifications prescribed by the regulations;\n\t(d)\tif relevant, the purposes for which land is used that may be the basis for the charge under paragraph (a) will be purposes prescribed by the regulations;\n\t(e)\tdespite section 154(6) of that Act, a charge under this Subdivision may be declared more than 1 month before the commencement of a financial year to which the charge relates;\n\t(f)\tsection 151(5) of that Act will not apply in relation to the charge;\n\t(g)\tsection 156 of that Act will apply (subject to the use of any differentiating factor under paragraph (a));\n\t(h)\tany other section, or part of any other section, of that Act prescribed by the regulations will not apply in relation to the charge;\n\t(i)\tthe regulations may modify the operation of Chapter 10 of that Act in any other respect.\n\t(5)\tTo avoid doubt, nothing in subsection (4) prevents the operation of section 158 of the Local Government Act 1999.\n\t(6)\tA charge is not invalid because it raises more or less than the amount that the council must contribute under this Subdivision.\n\t(7)\tIf a council incurs costs in recovering a charge as a debt, the council is entitled to claim the reimbursement of those costs (insofar as they are reasonable) from the relevant fund established under Subdivision 9.\n\t(8)\tA regulation cannot be made for the purposes of this section unless the Minister has given the LGA notice of the proposal to make a regulation under this section and given consideration to any submission made by the LGA within a period (of at least 21 days) specified by the Minister.\n181—Costs of councils\n\t(1)\tA council is entitled to be paid an amount determined in accordance with the regulations on account of the costs of the council in complying with the requirements of this Subdivision.\n\t(2)\tRegulations made for the purposes of subsection (1) may—\n\t(a)\tprovide a method or methods by which a council's costs are to be determined, including by the use of estimates or prescribed amounts in prescribed circumstances; and\n\t(b)\tlimit any calculation of costs to amounts prescribed as fair costs.\n\t(3)\tA payment under subsection (1) must be paid in accordance with the regulations.\n\t(4)\tA regulation cannot be made for the purposes of this section unless the Minister has given the LGA notice of the proposal to make a regulation under this section and given consideration to any submission made by the LGA within a period (of at least 21 days) specified by the Minister.\n","sortOrder":26},{"sectionNumber":"Subdiv 9","sectionType":"subdivision","heading":"Statutory funds","content":"Subdivision 9—Statutory funds\n182—Establishment of funds\n\t(1)\tThe Chief Executive must establish a fund for the purposes of each scheme that provides for the imposition of a charge under Subdivision 2 or Subdivision 3 (including in conjunction with the operation of Subdivision 7 or Subdivision 8).\n\t(2)\tThe fund will consist of—\n\t(a)\tany money—\n\t(i)\tpayable to the Minister under a charge imposed under Subdivision 2 (including under Subdivision 7); or\n\t(ii)\tpayable by a council and recovered under Subdivision 8; and\n\t(b)\tany income and accretions produced by the investment of money from the fund; and\n\t(c)\tany money advanced or made available by the Treasurer for the purposes of the fund; and\n\t(d)\tany money appropriated from the Consolidated Account for payment into the fund; and\n\t(e)\tother money paid into the fund under this or any other Act.\n\t(3)\tThe fund will be applied towards the purposes of the relevant scheme in accordance with any directions or approvals of the Treasurer made or given after consultation with the Minister, including so as to provide for, or to make reimbursements for, payments that have already been made.\n\t(4)\tThe Minister may, after seeking the advice of the Treasurer, invest money that is not immediately required for the purposes of the fund as the Minister thinks fit.\n183—Audit of funds\nA fund established under this Subdivision will be taken to form part of the accounts of the Department for the purposes of the Public Finance and Audit Act 1987.\n","sortOrder":27},{"sectionNumber":"Subdiv 10","sectionType":"subdivision","heading":"Winding up","content":"Subdivision 10—Winding up\n184—Winding up\n\t(1)\tThe Minister may, on the recommendation of, or after consultation with, the scheme coordinator, wind up a scheme under this Division by notice—\n\t(b)\tpublished on the SA planning portal.\n\t(2)\tThe Minister may, on the winding up of a scheme, by notice published in the Gazette, transfer the assets, rights and liabilities of a prescribed body—\n\t(a)\tto the Minister; or\n\t(b)\tto the Crown; or\n\t(c)\tto another agency or instrumentality of the Crown; or\n\t(d)\twith the agreement with the person or body—to a person or body that is not an agent or instrumentality of the Crown.\n\t(3)\tIf a fund has been established under Subdivision 9 for the purposes of the scheme that is wound up under this section, the Treasurer may, by notice published in the Gazette—\n\t(a)\twind up the fund; and\n\t(b)\tdeal with the balance of the fund in accordance with the terms of the scheme, which may include the transfer of money—\n\t(i)\tto the Planning and Development Fund; or\n\t(ii)\tto another fund or account determined by the Treasurer.\n\t(4)\tMoney transferred under subsection (3) may be applied for a purpose determined or approved by the Treasurer (which may be a purpose that is unrelated to the purposes of the scheme that is being wound up).\n\t(5)\tDespite a preceding subsection, any amount that is attributable to any money paid under Subdivision 8 must be applied for a purpose that benefits the community where the relevant contribution area or areas are located under a scheme approved by the Treasurer.\n\t(6)\tThe Treasurer must consult with the Minister before the Treasurer acts under subsection (3), (4) or (5).\nprescribed body means—\n\t(a)\ta Minister; or\n\t(b)\tanother agency or instrumentality of the Crown.\nDivision 2—Infrastructure powers\n185—Interpretation\nIn this Division—\n\t(b)\tanother Minister; or\n\t(c)\tany other agency or instrumentality of the Crown declared to be a designated entity under this Division by proclamation; or\n\t(d)\tthe Chief Executive; or\n\t(e)\ta council; or\n\t(f)\ta person or body acting in accordance with a scheme under Division 1; or\n\t(g)\ta person or body declared to be a designated entity under this Division by another Act;\nlake includes an artificial body of water declared by regulation to be a lake under this Division;\nroad means any street, road, thoroughfare, terrace, court, lane, alley, cul‑de‑sac, or place commonly used by the public, or to which the public are permitted to have access, and includes a part of a road;\nroadwork means—\n\t(a)\tthe construction of a road; or\n\t(b)\tthe maintenance or repair of a road; or\n\t(c)\tthe alteration of a road; or\n\t(d)\tthe construction of drains and other structures for the drainage of water from a road; or\n\t(e)\tthe installation of fences, railings, barriers or gates; or\n\t(f)\tthe installation, maintenance or alteration of traffic islands or parking bays; or\n\t(g)\tthe improvement of a road, including (for example)—\n\t(i)\tlandscaping and beautification; or\n\t(ii)\tinstallation of road lighting; or\n\t(h)\tthe installation of amenities or equipment on or adjacent to a road for the use, enjoyment or protection of the public; or\n\t(i)\tthe installation of signs on or adjacent to a road for the use or benefit of the public; or\n\t(j)\tany work in connection with a road;\ntraffic control device means a sign, signal, marking, structure or other device or thing, to direct or warn traffic on, entering, or leaving, a road, and includes a traffic cone, barrier, structure or other device or thing to wholly or partially close a road or part of a road;\nwater management works means—\n\t(a)\tholding water in a watercourse, dam, reservoir or lake, or by other means; or\n\t(b)\tdiverting water (including into an aquifer), disposing of water to another place, or dealing with water in another way; or\n\t(c)\tdeepening, widening or changing the course of any watercourse, deepening or widening a dam, reservoir or lake, or taking action to establish or remove any obstruction to the flow of water; or\n\t(d)\tundertaking an activity that may affect access to any water; or\n\t(e)\tundertaking any other work of a prescribed kind.\n186—Infrastructure works\nFor the purposes of this Division, infrastructure works includes any of the following in relation to essential infrastructure (or proposed essential infrastructure):\n\t(a)\tinstalling, altering, adding to or demolishing or removing essential infrastructure;\n\t(b)\toperating, maintaining, testing, repairing or replacing essential infrastructure;\n\t(c)\texcavating or remediating any land;\n\t(d)\tinspecting, examining or surveying any land and for that purpose—\n\t(i)\tfixing posts, stakes or other markers; or\n\t(ii)\tdigging trenches or sink holes; or\n\t(iii)\tremoving samples for analysis;\n\t(e)\terecting, constructing, altering or demolishing or removing any structure, building, fence, barrier, bank or levee;\n\t(f)\tcarrying out any roadworks;\n\t(g)\tcarrying out activities constituting the installation, maintenance, alteration, operation or removal, or causing the installation, maintenance, alteration, operation or removal, of a traffic control device on, above or near a road;\n\t(h)\tcarrying out activities constituting the erection, construction, laying down, making, alteration or removal of buildings, structures, notices or signs, over, under, along, across, or adjacent to, a road or railway;\n\t(i)\twithout limiting a preceding paragraph, installing or removing any notice or sign;\n\t(j)\tcarrying out any water management works;\n\t(k)\tdamaging or removing vegetation;\n\t(l)\tcarrying out other work reasonably necessary in connection with any activity referred to above (including with respect to any facilities, works or services connected with essential infrastructure).\n187—Authorised works\n\t(1)\tA designated entity may carry out any infrastructure works if authorised to so do by or under this or any other Act.\n\t(2)\tAn authorisation under subsection (1) includes an authorisation included in a scheme under Division 1.\n\t(3)\tSubsection (1)—\n\t(a)\toperates subject to the provisions of any Act under which the authorisation is given; and\n\t(b)\toperates subject to any requirement to obtain a development authorisation under this Act; and\n\t(c)\toperates subject to any other Act that requires an assessment, decision, permission, consent, approval, authorisation, certificate or other authority required under another Act.\n\t(4)\tA designated entity must make good any damage to a road arising from works carried out under this section.\n\t(5)\tSubject to subsection (6), a designated entity must, in relation to a proposal that involves disturbing the surface of a road, or that otherwise relates to a road—\n\t(a)\tinform the relevant road maintenance authority of the proposal at least 28 days before the proposed commencement of any work; and\n\t(b)\tgive the relevant road maintenance authority a reasonable opportunity to consult with the designated entity in relation to the matter; and\n\t(c)\tensure that proper consideration is given to the views of the road maintenance authority.\n\t(6)\tIn a case of emergency, the designated entity need only comply with subsection (5) to such extent as is practicable in the circumstances.\n\t(7)\tThe provisions of the Road Traffic Act 1961 apply in relation to a traffic control device installed, maintained, altered or operated under this Division as if a designated entity were a road authority authorised under Part 2 of that Act to install, maintain, alter or operate the device.\n188—Entry onto land\n\t(1)\tFor the purpose of undertaking any work or activity in connection with the exercise of a power under this Division, a person authorised by a designated entity may—\n\t(a)\tenter and pass over any land; and\n\t(b)\tbring onto any land any vehicles, plant or equipment; and\n\t(c)\ttemporarily occupy land; and\n\t(d)\tdo anything else reasonably required in connection with the exercise of the power.\n\t(2)\tA person must, in exercising a power under subsection (1), insofar as is reasonably practicable, minimise disturbance to any land.\n\t(3)\tIn addition, in the case of any work or activity to be undertaken on land used for residential purposes, the person exercising a power under subsection (1)—\n\t(a)\tmust take reasonable steps to ensure that a notice in the prescribed form is provided to the owner of the land in accordance with the regulations; and\n\t(b)\tmust make every reasonable effort to comply with any reasonable request of an owner or occupier of the land in connection with the exercise of the power.\n\t(4)\tThe designated entity that has acted under subsection (1) is liable to pay reasonable compensation on account of any loss or damage caused by the exercise of a power under that subsection.\n\t(5)\tA person must not, without reasonable excuse, hinder or obstruct a person exercising a power under this section.\n\t(6)\tThis section does not limit or derogate from the powers of a designated entity or another person or body under another Act.\n189—Acquisition of land\n\t(1)\tA designated entity may, with the consent of the Minister, acquire land for a purpose associated with infrastructure works under and in accordance with the Land Acquisition Act 1969 (but such consent is not required in the case of a Minister acting as a designated entity as any such Minister is to be taken, by operation of this Division, to be authorised to acquire land under that Act).\n\t(2)\tNothing in this section affects—\n\t(a)\tthe ability of a designated entity to acquire land by agreement; or\n\t(b)\tthe operation of any other section of this Act.\nDivision 3—Related provisions\n190—Incorporation of Chief Executive\n\t(1)\tThe Chief Executive is, for the purposes of this Part, constituted as a body corporate.\n\t(2)\tThe body corporate—\n\t(a)\tis an instrumentality of the Crown; and\n\t(b)\thas perpetual succession and common seal; and\n\t(c)\tis capable of suing and being sued; and\n\t(d)\tholds its property on behalf of the Crown; and\n\t(e)\thas the functions assigned to it by or under this or any other Act; and\n\t(f)\thas all the powers of a natural person together with the powers conferred on the Chief Executive by or under this or any other Act and may do anything necessary or convenient to be done in the exercise of its functions.\n191—Step in powers\nmajor infrastructure project means—\n\t(a)\ta project that constitutes a scheme that has been established under Division 1; or\n\t(b)\tany other project that is to be carried out (or is being carried out) by, or that involves, a State agency that is brought within the ambit of this section by the Governor by notice in the Gazette;\nresponsible Minister, in relation to a State agency, means the Minister primarily responsible for the activities of the State agency;\nState agency means—\n\t(a)\tan agency or instrumentality of the Crown (including a Department or administrative unit of the State); or\n\t(b)\tanother person or body acting under the express authority of the Crown.\n\t(2)\tThe Chief Executive may, with the approval of the Minister and any other responsible Minister for a State agency that has a direct interest in the matter—\n\t(a)\ttake over responsibility for a major infrastructure project;\n\t(b)\twithout limiting paragraph (a), take over or undertake any work required for, or in connection with, a major infrastructure project.\n\t(3)\tThe Minister may, in connection with an approval under subsection (2), by notice published in the Gazette, transfer any assets, rights or liabilities that have been established or accrued as part of a major infrastructure project to the Chief Executive.\n","sortOrder":28},{"sectionNumber":"Part 14","sectionType":"part","heading":"Land management agreements","content":"Part 14—Land management agreements\n192—Land management agreements\n\t(1)\tA designated authority may enter into an agreement relating to the development, management, preservation or conservation of land with the owner of the land.\n\t(2)\tSubject to subsection (3), a greenway authority may enter into an agreement relating to the management, preservation or conservation of land with the owner of the land if—\n\t(a)\tthe land comprises a greenway, or part of a greenway, for which the authority is responsible; or\n\t(b)\twhere the land does not comprise a greenway—it is a term of an access agreement under the Recreational Greenways Act 2000 that the greenway authority will enter into the agreement.\n\t(3)\tA greenway authority that is not the Minister under the Recreational Greenways Act 2000 may only enter into an agreement under subsection (2) if the agreement has been approved by that Minister.\n\t(4)\tA designated authority must, in considering whether to enter into an agreement under this section which relates to the development of land and, if such an agreement is to be entered into, in considering the terms of the agreement, have regard to—\n\t(a)\tthe provisions of the Planning and Design Code and to any relevant development authorisation under this Act; and\n\t(b)\tthe principle that the entering into of an agreement under this section by the designated authority should not be used as a substitute to proceeding with an amendment to the Planning and Design Code under this Act.\n\t(5)\tAgreements entered into under this section must be registered in accordance with the regulations (but the fact that an agreement is not registered does not affect its validity or effect).\n\t(6)\tA register must be kept available for public inspection (without charge) in accordance with the regulations.\n\t(7)\tA person is entitled, on payment of the prescribed fee, to a copy of an agreement registered under subsection (5).\n\t(8)\tA designated authority or a greenway authority has power to carry out on private land any work for which provision is made by agreement under this section.\n\t(9)\tAn agreement under this section may include an indemnity from a specified form of liability or right of action, a waiver or exclusion of a specified form of liability or right of action, an acknowledgment of liability, or a disclaimer, on the part of a party to the agreement.\n\t(10)\tA provision under subsection (9) may be expressed to extend to, or to be for the benefit of, a person or body who or which is not a party to the agreement and, in such a case, the person or body may enforce, or obtain the benefit of, the provision as if the person or body were a party to the agreement.\n\t(11)\tAn owner of land must not enter into an agreement under this section unless all other persons with a legal interest in the land consent.\n\t(12)\tThe Registrar-General must, on an application of a party to an agreement made for the purposes of this section, note the agreement against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.\n\t(13)\tAn agreement under this section has no force or effect under this Act until a note is made under subsection (12).\n\t(14)\tWhere a note has been entered under subsection (12), the agreement is binding on the current owner of the land whether or not the owner was the person with whom the agreement was made and notwithstanding the provisions of the Real Property Act 1886.\n\t(15)\tThe Registrar-General must, if satisfied on the application of a designated authority or greenway authority, or the owner of the land, that an agreement in relation to which a note has been made under this section has been rescinded or amended, enter a note of the rescission or amendment against the instrument of title, or against the land.\n\t(16)\tAn agreement under this section may provide for remission of rates or taxes on the land but, except as so provided, such an agreement does not affect the obligations of an owner of land under any other Act.\n\t(17)\tAn agreement under this section entered into by a council or greenway authority must not provide for the remission of rates or taxes payable to the Crown unless the Minister consents to the remission, and such an agreement entered into by the Minister must not provide for the remission of rates or taxes payable to a council unless the council consents to the remission.\n\t(18)\tThe existence of an agreement under this section may be taken into account when assessing an application for a development authorisation under this Act.\n\t(19)\tIn this section—\n\t(b)\tanother Minister designated by the Governor, by notice published in the Gazette, as being a designated authority for the purposes of this section; or\n\t(c)\ta council;\ngreenway authority means—\n\t(a)\tthe Minister for the time being administering the Recreational Greenways Act 2000; or\n\t(b)\tan association incorporated under the Associations Incorporation Act 1985 that has been approved by the Minister referred to in paragraph (a) as a greenway authority for the purposes of this definition;\nowner of land includes—\n\t(a)\ta person who has the care, control or management of a reserve; or\n\t(b)\ta mortgagee in possession of the land.\n193—Land management agreements—development applications\n\t(1)\tSubject to this section, a designated authority may enter into an agreement under this section with a person who is applying for a development authorisation under this Act that will, in the event that the relevant development is approved, bind—\n\t(a)\tthe person; and\n\t(b)\tany other person who has the benefit of the development authorisation; and\n\t(c)\tthe owner of the relevant land (if he or she is not within the ambit of paragraph (a) or (b) and if the other requirements of this section are satisfied).\n\t(2)\tAn agreement under this section may relate to any matter that the person applying for the development authorisation and the designated authority agree is relevant to the proposed development (including a matter that is not necessarily relevant to the assessment of the development under this Act).\n\t(3)\tHowever, the parties proposing to enter into an agreement must have regard to—\n\t(a)\tthe provisions of the Planning and Design Code; and\n\t(b)\tthe principle that the entering into of an agreement under this section by the designated authority should not be used as a substitute to proceeding with an amendment to the Planning and Design Code under this Act.\n\t(4)\tAn agreement under this section cannot require a person who has the benefit of the relevant development authorisation to make a financial contribution for any purpose that is not directly related to an issue associated with the development to which the agreement relates.\n\t(5)\tAgreements entered into under this section must be registered in accordance with the regulations (but the fact that an agreement is not registered does not affect its validity or effect).\n\t(6)\tA register must be kept available for public inspection (without charge) in accordance with the regulations.\n\t(7)\tA person is entitled, on payment of the prescribed fee, to a copy of an agreement registered under subsection (5).\n\t(8)\tA development to which an agreement under this section relates cannot be commenced pursuant to the relevant development approval unless or until the agreement has effect under this section.\n\t(9)\tAn agreement under this section does not have effect unless or until it is noted against the relevant instrument of title or land under this section.\n\t(10)\tIf an owner of the land is not a party to an agreement, an application to note the agreement against the relevant instrument of title or the land cannot be made without the consent of the owner (and the owner has a discretion as to whether or not to give his or her consent under this subsection).\n\t(11)\tAn owner of land must not enter into an agreement, or give a consent under subsection (10), unless all other persons with a legal interest in the land consent.\n\t(12)\tA consent must be given in a manner and form determined by the Registrar‑General.\n\t(13)\tIf the Registrar-General is satisfied that the requirements of this section have been satisfied, the Registrar-General must, on an application of a party to an agreement, note the agreement against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.\n\t(14)\tWhere a note has been entered under subsection (13), the agreement is binding on the current owner of the land whether or not the owner was an initial party to the agreement or the person who gave any consent for the purposes of subsection (10), and notwithstanding the provisions of the Real Property Act 1886.\n\t(15)\tThe Registrar-General must, if satisfied on the application of a party to the agreement, the Minister, or any owner of the relevant land, that an agreement under this section has been rescinded or amended, enter a note of the rescission or agreement against the instrument of title, or against the land.\n\t(16)\tIf an agreement under this section does not have effect under this section (see subsection (9)) within the period prescribed by the regulations, the designated authority may, by notice given in accordance with the regulations, lapse the relevant development approval (and the agreement will then be rescinded by force of this subsection).\n\t(17)\tDespite a preceding subsection, an agreement under this section cannot make provision with respect to any matter excluded from the ambit of this section by the regulations.\n\t(18)\tNothing in this section affects or limits the operation of section 192.\n\t(19)\tIn this section—\n\t(b)\tanother Minister designated by the Governor, by notice published in the Gazette, as being a designated authority for the purposes of this section; or\n\t(c)\ta council.\n","sortOrder":29},{"sectionNumber":"Part 15","sectionType":"part","heading":"Funds and off-set schemes","content":"Part 15—Funds and off-set schemes\nDivision 1—Planning and Development Fund\n194—Continuance of Fund\n\t(1)\tThe Fund at the Treasury known as the Planning and Development Fund continues in existence.\n\t(2)\tThe following amounts must be paid into the Fund:\n\t(a)\tmoney made available by the Treasurer out of appropriations authorised by Parliament for the purposes of the Fund;\n\t(b)\tall money derived by the Minister from the sale, leasing or other disposal of land by the Minister of land vested in the Minister;\n\t(c)\tall loans raised by the Minister for the purposes of this Act;\n\t(d)\tall other money that is required to be paid into the Fund by or under this or any other Act (including by regulation under this Act).\n\t(3)\tThe Minister may borrow money for the purposes of this Act on terms and conditions approved by the Treasurer.\n195—Application and management of Fund\nThe money standing to the credit of the Fund may be used by the Minister for all or any of the following purposes:\n\t(a)\tthe acquisition, management or development of land, or any purpose related to the acquisition, management or development of land, under this Act;\n\t(b)\tthe payment of money (by way of compensation or in other ways) which the Minister becomes liable to pay under this Act;\n\t(c)\tthe payment of rates, taxes or other charges due and payable by the Minister in respect of land vested in or held by the Minister;\n\t(d)\tthe transfer to any reserve for the repayment of money borrowed by the Minister for the purposes of this Act;\n\t(e)\tthe payment of principal, interest or expenses in respect of money borrowed by the Minister for the purposes of this Act;\n\t(f)\tthe management and development of property vested in the Minister;\n\t(g)\tany purposes authorised by or under this Act (including by regulation) as a purpose for which the Fund may be applied;\n\t(h)\tassistance to councils in the provision and development of public land for conservation and recreation;\n\t(i)\tassistance or grants to—\n\t(i)\ta joint planning board;\n\t(ii)\tanother entity acting under this Act; or\n\t(iii)\tan entity acting under the Urban Renewal Act 1995.\n196—Accounts and audit\n\t(1)\tThe Minister must cause proper accounts to be kept in relation to the Fund.\n\t(2)\tThe Auditor-General may at any time, and must at least once in each year, audit the accounts of the Fund.\nDivision 2—Off-set schemes\n197—Off-setting contributions\n\t(b)\ta joint planning board or a council acting with the approval of the Minister.\n\t(2)\tA designated entity may establish a scheme under this section that is designed to support or facilitate—\n\t(a)\tdevelopment that may be in the public interest or otherwise considered by the designated entity as being appropriate in particular circumstances (including by the provision of facilities at a different site); or\n\t(b)\tplanning or development initiatives that will further the objects of this Act or support the principles that relate to the planning system established by this Act; or\n\t(c)\tany other initiative or policy—\n\t(i)\tdesignated by the Planning and Design Code for the purposes of this subparagraph; or\n\t(ii)\tprescribed by the regulations for the purposes of this subparagraph.\n\t(3)\tA scheme established under this section may include—\n\t(a)\tan ability or requirement for a person who is proposing to undertake development (or who has the benefit of an approval under this Act)—\n\t(i)\tto make a contribution to a fund established as part of the scheme; or\n\t(ii)\tto undertake work or to achieve some other goal or outcome (on an \"in kind\" basis); or\n\t(iii)\tto proceed under a combination of subparagraph (i) and subparagraph (ii),\nin order to provide for or address a particular matter identified by the scheme; and\n\t(b)\tan ability for a provision of the Planning and Design Code to apply with a specified variation under the terms of the scheme; and\n\t(c)\tan ability for any relevant authority to act under or in connection with paragraph (a) or (b), including where the relevant authority is not the designated entity that has established the scheme,\nand the scheme will, in so doing, have effect in accordance with its terms.\n\t(4)\tIf a fund is established as part of a scheme under this section—\n\t(a)\tthe fund will consist of—\n\t(i)\tany money received under the terms of the scheme; and\n\t(ii)\tany income or accretions produced by the investment of money from the fund; and\n\t(iii)\tany money advanced or made available by the Treasurer or any other person or body for the purposes of the fund; and\n\t(b)\tthe fund will be applied towards the purposes of the scheme in accordance with any directions or approvals of the Treasurer made or given after consultation with the Minister; and\n\t(c)\tmoney that is not immediately required for the purposes of the fund may be invested in accordance with provisions included in the scheme; and\n\t(d)\tthe fund must be audited in accordance with provisions included in the scheme.\n\t(5)\tAn approval of the Minister that relates to a scheme to be established by a joint planning board or a council may be given on conditions specified by the Minister.\n\t(6)\tIf a scheme is established under this section, the Minister must—\n\t(a)\tprepare a report that sets out information about the scheme; and\n\t(b)\tfurnish a copy of the report to the ERD Committee; and\n\t(c)\tpublish a copy of the report on the SA planning portal.\n\t(7)\tA scheme under this section may be varied or wound up—\n\t(a)\tby the Minister; or\n\t(b)\tby another designated entity acting with the approval of the Minister.\n\t(8)\tThe Minister may, on the winding up of a scheme, make a determination about the use or application of any amount standing to the credit of the fund established as part of the scheme (and any such determination will have effect according to its terms).\n198—Open space contribution scheme\n\t(1)\tWhere an application for a development authorisation provides for the division of land into more than 20 allotments, and 1 or more allotments is less than 1 hectare in area—\n\t(a)\tthe council in whose area the land is situated; or\n\t(b)\tif the land is not situated within the area of a council—the Commission,\nmay require—\n\t(c)\tthat up to 12.5% in area of the relevant area be vested in the council or the Crown (as the case requires) to be held as open space; or\n\t(d)\tthat the applicant make the contribution prescribed by the regulations in accordance with the requirements of this section; or\n\t(e)\tthat land be vested in the council or the Crown under paragraph (c) and that the applicant make a contribution determined in accordance with subsection (8),\naccording to the determination and specification of the council or the Commission and, in so acting, the council or the Commission must have regard to any relevant provision of the Planning and Design Code that designates any land as open space and, in the case of a council, must not take any action that is at variance with the Planning and Design Code without the concurrence of the Commission.\n\t(2)\tWhere an application for a development authorisation provides for—\n\t(a)\tthe division of land into 20 allotments or less, and 1 or more allotments is less than 1 hectare in area; or\n\t(b)\tthe division of land under the Community Titles Act 1996 or the Strata Titles Act 1988,\nthen, unless the division is of a kind excluded from the operation of this section by the regulations, the Commission may—\n\t(c)\trequire the applicant to pay to the Commission the contribution prescribed by the regulations in accordance with the requirements of this section; or\n\t(d)\tenter into an agreement with the applicant under which—\n\t(i)\tland described by the relevant plan will be vested (as a separate allotment) in the council in whose area the land is situated or, where the land is not situated within the area of a council, in the Crown, to be held as open space; and\n\t(ii)\tthe applicant will make a contribution determined in accordance with subsection (8).\n\t(3)\tWhere land referred to in subsection (2) is in the area of a council, the council must be a party to an agreement referred to in subsection (2)(d).\n\t(4)\tWhere an application for a development authorisation provides for the undertaking of development of a prescribed class in prescribed circumstances (being development that does not fall within the ambit of subsection (1) or (2)), the Commission may require—\n\t(a)\tthat an area not exceeding the prescribed percentage of the total area of the site of the development be kept as open space or in some other form that allows for active or passive recreation (as determined by the Commission), with some or all of this area to be vested in the Crown or, with the concurrence of the council, a council; or\n\t(b)\tthat the applicant pay the contribution prescribed by the regulations to the Commission; or\n\t(c)\tthat certain land be kept in the manner contemplated by paragraph (a) and that the applicant will make a contribution to the Commission under this section.\n\t(5)\tThe percentage prescribed under subsection (4)(a) must not exceed 12.5%.\n\t(6)\tThe council and the Commission must ensure that there is consistency between—\n\t(a)\ta requirement imposed under subsection (1), (2) or (4), or an agreement entered into under subsection (2); and\n\t(b)\tthe terms of any development authorisation given under this Act.\n\t(7)\tWithout limiting the operation of any other provision of this Act, the regulations prescribing rates of contribution for the purposes of this section may make different provisions according to designated parts of the State delineated by zone maps in the Planning and Design Code.\n\t(8)\tThe contribution that may be required under subsection (1)(e) or (2)(d)(ii) will be determined in accordance with the following formula:\n\nwhere—\nP = the contribution payable\nPC = the rate of contribution prescribed by the regulations for each new allotment or strata lot within the relevant part of the State that do not exceed 1 hectare in area\nOS = the area of land (expressed as a percentage of the relevant area) to be vested in the council or the Crown as open space\nNA = the number of new allotments or strata lots delineated on the plan that do not exceed 1 hectare in area.\n\t(9)\tFor the purposes of this section, if a plan divides a number of existing allotments or strata lots into an equal or lesser number of allotments or strata lots, the allotments or strata lots into which the land is divided will not be regarded as being new allotments or strata lots, and if a plan divides a number of existing allotments or strata lots into a greater number of allotments or strata lots, the number by which the greater number of allotments or strata lots exceeds the existing number of allotments or strata lots will be taken to be the number of new allotments or strata lots created by the plan and, for the purpose of determining the area of the new allotments or strata lots, the smallest allotment or strata lot delineated on the plan will be regarded as the first of the new allotments or strata lots, the next to smallest will be regarded as the second, and so on.\n\t(10)\tPayment by the applicant under subsection (1) must be made—\n\t(a)\tto the council in whose area the land is situated;\n\t(b)\tif the land is not situated within the area of a council—to the Commission.\n\t(11)\tMoney received under this section—\n\t(a)\tin the case of money received by a council—must be immediately paid into a fund established for the purposes of this section and applied by the council for the purpose of acquiring or developing land as open space;\n\t(b)\tin the case of money received by the Commission—must be paid into the Planning and Development Fund or, in the case of money received under subsection (4), dealt with in any other manner prescribed by the regulations.\n\t(12)\tIf a council or the Commission is satisfied that the division of land is being undertaken in stages, this section does not apply to an application for development authorisation to the extent that an earlier application in respect of the same development has addressed the requirements of this section in respect of the area of land as a whole.\n\t(13)\tIn this section, unless the contrary intention appears—\nallotment has the same meaning as in Part 19AB of the Real Property Act 1886 and in addition includes a community lot (not being a strata lot) and a development lot within the meaning of the Community Titles Act 1996 but does not include—\n\t(a)\ta strata lot within the meaning of the Community Titles Act 1996 or a unit within the meaning of the Strata Titles Act 1988 or common property within the meaning of either of those Acts; or\n\t(b)\ta road, street, thoroughfare, reserve or other similar open space delineated on the relevant plan;\nstrata lot means a strata lot within the meaning of the Community Titles Act 1996 and includes a unit created by a strata plan under the Strata Titles Act 1988;\nrelevant area means the area of land delineated on the relevant plan, excluding any allotment that exceeds 1 hectare in area other than a road, street, thoroughfare, reserve or similar open space delineated on the relevant plan.\n199—Multi-unit buildings\n\t(1)\tWhere an application for a planning consent provides for the construction of a prescribed building, the Commission may require that the applicant make the contribution prescribed by the regulations in accordance with the requirements of this section.\n\t(2)\tThe rates of contribution prescribed under subsection (1) must be consistent with the rates applying under section 198.\n\t(3)\tWithout limiting the operation of any other provision of this Act, the regulations prescribing rates of contribution for the purposes of this section may make different provisions according to designated parts of the State delineated by zone maps in the Planning and Design Code.\n\t(4)\tPayment by the applicant under subsection (1) must be made to the Commission.\n\t(5)\tMoney received under this section must be paid into the Planning and Development Fund.\n\t(6)\tIf a payment is made under this section and the prescribed building is subsequently divided into allotments so as to create a liability under section 198, the liability that would otherwise arise under that section will be adjusted (or will be extinguished) under a scheme set out in the regulations in order to provide a credit for the amount paid under this section.\napartment means a self‑contained apartment, unit or other residential place that is proposed to be contained in a prescribed building and that is suitable for use for residential purposes, including on a short‑term basis after applying any principle prescribed by the regulations for the purposes of this definition, but does not include any premises of a class excluded by the regulations from the ambit of this definition;\nprescribed building means a building—\n\t(a)\tthat is designed to include 2 or more apartments (with or without other elements); and\n\t(b)\tthat, in the opinion of the Commission, could be divided into 2 or more allotments (or could be so divided after undertaking minor alterations).\n200—Urban trees funds\n\t(1)\tA council may, with the approval of the Minister, establish a fund (an urban trees fund) for an area designated by the council (a designated area).\n\t(2)\tThe establishment of the fund will be effected by notice published in the Gazette.\n\t(3)\tA designated area must be defined by reference to an area established by the Planning and Design Code.\n\t(4)\tA fund will consist of—\n\t(a)\tall amounts paid into the fund as a condition of a development authorisation under this Act; and\n\t(b)\tany income paid into the fund under subsection (5); and\n\t(c)\tany amounts paid to the credit of the fund under subsection (7).\n\t(5)\tAny money in an urban trees fund that is not immediately required for the purpose of the fund may be invested by the council and any resultant income must be paid into the fund.\n\t(6)\tMoney standing to the credit of an urban trees fund may be applied by the council—\n\t(a)\tto maintain or plant trees in the designated area which are or will (when fully grown) constitute significant trees under this Act; or\n\t(b)\tto purchase land within the designated area in order to maintain or plant trees which are or will (when fully grown) constitute significant trees under this Act.\n\t(7)\tThe council must, if it subsequently sells land purchased under subsection (6)(b), pay the proceeds of sale into an urban trees fund maintained by the council under this section, subject to the following qualifications:\n\t(a)\tif an urban trees fund is no longer maintained by the council, the proceeds must be applied for a purpose or purposes consistent with subsection (6)(a) or (b);\n\t(b)\tif money from an urban trees fund only constituted a proportion of the purchase price of the land (the designated proportion), the money that is subject to these requirements is the designated proportion of the proceeds of sale.\n\t(8)\tDespite the operation of any other provision, if—\n\t(a)\ta person is required to make a payment in lieu of planting 1 or more trees; and\n\t(b)\tthe person is a designated person,\nthen the amount of the payment that would otherwise apply must be discounted by 66.6%.\ndesignated person means a person—\n\t(a)\twho is an owner and occupier of the land where the relevant tree is situated; and\n\t(b)\twho—\n\t(i)\tis the holder of a current Pensioner Concession Card issued by the Commonwealth Government and is in receipt of a full Commonwealth pension in connection with that card; or\n\t(ii)\tfalls within a class of person prescribed by the regulations for the purposes of this definition.\n","sortOrder":30},{"sectionNumber":"Part 16","sectionType":"part","heading":"Disputes, reviews and appeals","content":"Part 16—Disputes, reviews and appeals\nDivision 1—General rights of review and appeal\n201—Interpretation\nIn this Division—\nprescribed matter, in relation to an application for a development authorisation, means—\n\t(a)\tany assessment, request, decision, direction or act of a relevant authority under this Act that is relevant to any aspect of the determination of the application; or\n\t(b)\ta decision to refuse to grant the authorisation; or\n\t(c)\tthe imposition of conditions in relation to the authorisation; or\n\t(d)\tsubject to any exclusion prescribed by the regulations, any other assessment, request, decision, direction or act of a relevant authority under this Act in relation to the authorisation.\n202—Rights of review and appeal\n\t(1)\tThe following applications or proceedings may be made or brought under this Division:\n\t(a)\tthe owner of any land constituting a place that has been designated in the Planning and Design Code as a place of local heritage value may appeal to the Court against the decision to make the designation;\n\t(b)\ta person who has applied for a development authorisation may, in respect of a prescribed matter—\n\t(i)\tin a case where the application was made to an assessment manager appointed for an assessment panel and the assessment manager was acting as a relevant authority—\n\t(A)\tapply to the assessment panel for a review of a prescribed matter; or\n\t(B)\tappeal to the Court against a prescribed matter; or\n\t(ii)\tin any other case—appeal to the Court against a prescribed matter;\n\t(c)\ta person who, after making an application under paragraph (b)(i)(A), is dissatisfied with the outcome of the review, may appeal to the Court against a decision of the assessment panel on the review;\n\t(d)\ta person who is entitled to be given a notice of a decision under section 110(6) in respect of development classified as restricted development by the Planning and Design Code may appeal to the Court against the decision;\n\t(e)\ta person who has applied to a council for a certificate of occupancy or an approval to occupy a building on a temporary basis may appeal to the Court against a refusal by the council to grant the certificate or to give the approval;\n\t(f)\ta person who is a party to a dispute relating to—\n\t(i)\tthe effect of the Building Rules in specific circumstances; or\n\t(ii)\tthe manner in which the provisions of the Building Rules are, or ought to be, carried into effect; or\n\t(iii)\twhether or not an application for building consent in relation to a development that is at variance with the Building Rules should be granted in a particular case; or\n\t(iv)\twhether the requirements of the Building Rules in any matter relating to building work have been satisfied in a particular case, or what is necessary for the satisfaction of those requirements; or\n\t(v)\tthe construction of a party wall or the proportion or amount of the expense to be borne by the respective owners of premises separated by a party wall; or\n\t(vi)\tany other prescribed matter,\nmay apply to the Court for determination of the dispute;\n\t(g)\ta person who can demonstrate an interest in a matter that is relevant to the determination of an application for a development authorisation by a relevant authority under this Act by virtue of being an owner or occupier of land constituting the site of the proposed development, or an owner or occupier of adjacent land, may apply to the Court for a review of the matter with respect to a decision under this Act as to the nature of the development under Part 7 Division 2 Subdivision 1, Subdivision 2 or Subdivision 3.\n\t(h)\tproceedings that a person is authorised to bring before the Court by the regulations.\n\t(a)\tan application that involves a dispute relating to a matter referred to in subsection (1)(e) or (f) (and no other matter) is made to the Court; or\n\t(b)\tan appeal is commenced before the Court in any case prescribed by the regulations for the purposes of this paragraph,\nthe matter must, in accordance with the Rules of the Court, be referred to a commissioner or commissioners of the Court acting as a building referee or building referees under section 206.\n\t(3)\tA right of review under subsection (1)(g) does not limit or restrict the ability of an applicant for the relevant development authorisation to institute an appeal under subsection (1)(b).\n\t(4)\tSubsection (1) does not—\n\t(a)\tderogate from any other provision of this Act that confers a right to apply to the Court in specified or prescribed circumstances;\n\t(b)\tderogate from any other provision of this Act that prevents or restricts a right to apply to the Court in specified or prescribed circumstances.\n\t(5)\tIf an application relates to the decision, direction, act, consent, approval, order or determination of a person or body acting in pursuance of delegated powers, the respondent is the principal and not the delegate.\n203—Application to assessment panel\n\t(1)\tAn application to an assessment panel for review of a prescribed matter under this Division in a case where an assessment manager acted as a relevant authority must be made in the prescribed manner and form and must be made within 1 month after the applicant receives notice of the decision constituting the prescribed matter unless the assessment panel, in its discretion, allows an extension of time.\n\t(2)\tOn an application under subsection (1)—\n\t(a)\tthe assessment panel may adopt such procedure as the assessment panel thinks fit; and\n\t(b)\tthe assessment panel is not bound by the rules of evidence and may inform itself as it thinks fit.\n\t(3)\tWithout limiting subsection (2)—\n\t(a)\tthe assessment manager must, on a request made by the assessment panel, furnish to the assessment panel any application, documents, written submissions, reports, plans, specifications or other documents lodged with, or received by, the assessment manager in relation to the matter, and any other relevant material requested by the assessment panel; and\n\t(b)\tthe assessment manager must, on a request made by the assessment panel, furnish a report on any aspect of the subject‑matter of the review; and\n\t(c)\tthe assessment panel may examine anything submitted under paragraph (a) and consider any report provided under paragraph (b) and draw any conclusions of fact it considers proper.\n\t(4)\tAn assessment panel may, on a review under this Division—\n\t(a)\taffirm the decision being reviewed; or\n\t(b)\tvary the decision being reviewed; or\n\t(c)\tset aside the decision being reviewed and substitute its own decision,\nand any decision of an assessment panel will then have effect according to its terms.\n204—Applications to Court\n\t(1)\tAn application to the Court must be made in a manner and form determined by the Court, setting out the grounds of the application, and, unless otherwise specifically provided under another provision of this Act, must be made within 2 months after the applicant receives notice of the decision to which the application relates unless the Court, in its discretion, allows an extension of time.\n\t(2)\tSubject to subsection (3), an application under subsection (1) must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to the application).\n\t(3)\tSubsection (2) does not apply—\n\t(a)\tin a case where the matter is referred to a building referee or building referees under section 206; or\n\t(b)\tin any case, or case of a kind, prescribed by the regulations.\n205—Powers of Court in determining any matter\n\t(1)\tThe Court may, on hearing any proceedings under this Act—\n\t(a)\tconfirm, vary or reverse any decision, assessment, consent, approval, direction, act, order or determination to which the proceedings relate;\n\t(b)\taffirm, vary or quash any order, notice or other authority that has been issued;\n\t(c)\torder or direct a person or body to take such action as the Court thinks fit, or to refrain (either temporarily or permanently) from such action or activity as the Court thinks fit;\n\t(d)\tif it appears to the Court to be appropriate to the subject of the proceedings, order—\n\t(i)\tthat a building (or any part of a building) be altered, reinstated or rectified in a manner specified by the Court;\n\t(ii)\tthat a party to the dispute remove or demolish a building (or any part of a building);\n\t(e)\tif appropriate in the circumstances of the proceedings—make any determination or declaration, or grant any other remedy or relief, as the Court thinks fit, including so as to grant a development authorisation;\n\t(f)\tmake any consequential or ancillary order or direction, or impose any condition, that the Court considers necessary or expedient.\n\t(2)\tThe following provisions apply in connection with the exercise of the Court's jurisdiction in any proceedings under this Act:\n\t(a)\tsubject to paragraph (b), the Court should only seek to deal with and resolve those issues in dispute between the parties and should not, unless the Court considers it to be necessary or appropriate to do so, consider any aspect of the decision, assessment, consent, approval, direction, act, order or determination that is not being challenged;\n\t(i)\ta person who has applied for a development authorisation is appealing against a refusal to grant the authorisation; or\n\t(ii)\ta third party is appealing against a decision to grant a development authorisation,\nthe Court may (if the Court thinks fit) proceed to consider the matter de novo (adopting such processes and procedures as it thinks fit and taking into account any material that was before the relevant authority when it refused to grant the authorisation and such other evidence or material as the Court thinks fit);\n\t(c)\tthe Court may, in dealing with an application from a person to be joined as a party to the proceedings (other than the Crown, a relevant authority applying under section 122, or a person who was entitled to be given notice of a decision in prescribed circumstances (if relevant)), determine not to grant the application—\n\t(i)\ton the ground that the Court is not satisfied that the person has a special interest in the subject‑matter of the application; or\n\t(ii)\ton the ground that, whatever the interest of the person may be, the Court is not satisfied that the interests of justice require that the person be joined as a party; or\n\t(iii)\ton any other ground determined to be appropriate by the Court.\n206—Special provision relating to building referees\n\t(1)\tThe commissioner or commissioners to whom a matter is referred under section 202 will determine the matter as a building referee or as building referees, who will, subject to the Rules of the Court, for the purposes of this provision, have the powers of arbitrators under the Commercial Arbitration Act 2011.\n\t(2)\tIn addition to the other powers that a commissioner may exercise as a member of the Court under this Act, the commissioner or commissioners may—\n\t(a)\trefer any question of law to a Judge of the Court for determination;\n\t(b)\trequire a party to furnish—\n\t(i)\tparticulars of his or her case;\n\t(ii)\tdocumentary or other material relevant to the determination of the matter;\n\t(iii)\tsuch other information as the commissioner thinks fit;\n\t(c)\tgive summary judgment (with costs) against any party who obstructs or delays the proceedings or who fails to attend or participate in the proceedings;\n\t(d)\tmake a declaration as to the effect of the Building Rules in the particular case (which declaration will have effect according to its terms);\n\t(e)\torder that building work be carried out in a specified manner (being a manner that accords with the Building Rules or, if the commissioner or commissioners think fit, is at variance with the Building Rules but effectively attains the objects of this Act);\n\t(f)\tsettle any dispute relating to a party wall.\n\t(3)\tNo appeal lies from a decision of a commissioner under this section on a question of fact.\nDivision 2—Initiation of proceedings to gain a commercial competitive advantage\n207—Preliminary\ncommercial competitive interest—see subsection (2);\nrelevant proceedings means any proceedings before a court arising under or in connection with the operation of this Act including proceedings for judicial review, but not including criminal proceedings.\n\t(2)\tFor the purposes of this Division, if the business of a person, or the business of an associate of a person (other than the proponent of the development), might be adversely affected by a particular development on account of competition in the same market, then the person will be taken to have a commercial competitive interest in any relevant proceedings that are related to that development.\n\t(3)\tFor the purposes of this Division, the circumstances in which proceedings are related to a development include a situation where proceedings constitute a challenge to the Planning and Design Code, or to the amendment of the Planning and Design Code, that affects a development.\n\t(4)\tThe regulations may provide that this Division does not apply in a circumstance or situation (or circumstance or situation of a prescribed class) specified by the regulations.\n208—Declaration of interest\n\t(i)\tcommences any relevant proceedings; or\n\t(ii)\tbecomes a party to any relevant proceedings; and\n\t(b)\tthe person has a commercial competitive interest in the proceedings,\nthen the person must disclose the commercial competitive interest.\n\t(i)\tcommences any relevant proceedings; or\n\t(ii)\tbecomes a party to any relevant proceedings; and\n\t(b)\tthe person receives, in connection with those proceedings, direct or indirect financial assistance from a person who has a commercial competitive interest in the proceedings,\nthen both the person referred to in paragraph (a) and the person who provided the financial assistance referred to in paragraph (b) must disclose the commercial competitive interest.\n\t(3)\tA disclosure must be made to the Registrar of the relevant court and to the other parties to the relevant proceedings in accordance with any requirements prescribed by the regulations.\n\t(4)\tA person who fails to make a disclosure in accordance with the requirements of this section is guilty of an offence.\n209—Right of action in certain circumstances\n\t(i)\twho is a party to the relevant proceedings related to a development; or\n\t(ii)\twho provides direct or indirect financial assistance to a party to any relevant proceedings related to a development,\nhas a commercial competitive interest in the proceedings, or has an associate who has a commercial competitive interest in the proceedings; and\n\t(b)\tthe outcome of the proceedings (including after taking into account any appeal) is that the development, or a development in substantially the same form, may proceed,\nthen the proponent of the development is entitled to recover from the person (the defendant) and, if relevant, from any associate of the defendant, as a debt, an amount equal to the amount of any loss (including economic loss) that can be reasonably assessed as having been suffered by the proponent as a result of delays to the development on account of the proceedings if the court is satisfied that the defendant's sole or predominant purpose in pursuing the proceedings, or for providing financial assistance (as the case may be) was to delay or prevent the development in order to obtain commercial benefit for the defendant or an associate of the defendant.\n\t(2)\tA court before which proceedings are brought under subsection (1) may, if it considers that it is appropriate to do so, reduce any amount that would otherwise be recoverable under that subsection to take into account—\n\t(a)\tany delay in the relevant proceedings reasonably attributable to the actions of the proponent of the development or of some other party (other than the defendant, an associate of the defendant or a person who has received direct or indirect financial assistance from the defendant in connection with those proceedings); or\n\t(b)\tany other matter that it considers relevant in the circumstances of the particular case.\n\t(3)\tWithout in any way limiting the manner in which the purpose of a person may be established for the purposes of subsection (1), a person may be taken to have pursued proceedings, or to have provided financial assistance to a party to proceedings (as the case may be) for a purpose referred to in subsection (1) notwithstanding that, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or of any other person or from other relevant circumstances.\n","sortOrder":31},{"sectionNumber":"Part 17","sectionType":"part","heading":"Authorised officers","content":"Part 17—Authorised officers\n210—Appointment of authorised officers\n\t(1)\tThe Minister or a council—\n\t(a)\tmay appoint a person to be an authorised officer for the purposes of this Act; and\n\t(b)\tmust appoint a person who holds the qualifications prescribed by the regulations to be an authorised officer for the purposes of this Act if required to do so by the regulations.\n\t(2)\tAn appointment of an authorised officer may be subject to conditions.\n\t(3)\tEach authorised officer must be issued an identity card—\n\t(a)\tcontaining a photograph of the authorised officer; and\n\t(b)\tstating any conditions of appointment limiting the authorised officer's appointment.\n\t(4)\tAn authorised officer must, on request, produce the identity card for inspection before exercising the powers of an authorised officer under this Act in relation to any person.\n\t(5)\tThe Minister or a council may, at any time, revoke an appointment which the Minister or the council has made, or vary or revoke a condition of such an appointment or impose a further such condition.\n211—Powers of authorised officers to inspect and obtain information\n\t(1)\tAn authorised officer may—\n\t(a)\tenter and inspect any land or building—\n\t(i)\twhere the authorised officer reasonably suspects that a provision of this Act is being, or has been breached; or\n\t(ii)\tin the case of an authorised officer who holds prescribed qualifications—for the purpose of inspecting any building work; or\n\t(iii)\tfor the purposes of determining that the land or building is safe; or\n\t(iv)\tfor any other reasonable purpose connected with the administration or operation of this Act;\n\t(b)\tsubject to subsection (2), where reasonably necessary—\n\t(i)\tbreak into or open any part of, or anything in or on, the land or building; or\n\t(ii)\tpull down or lay open any building or building work;\n\t(c)\trequire any person to produce any documents (which may include a written record reproducing in an understandable form information stored by computer, microfilm or other process) as reasonably required in connection with the administration or enforcement of this Act;\n\t(d)\texamine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information;\n\t(e)\tcarry out tests, make measurements or take photographs, films or video recordings as reasonably necessary in connection with the administration or enforcement of this Act;\n\t(f)\trequire a person whom the authorised officer reasonably suspects to have committed, or to be committing or about to commit, any breach of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity;\n\t(g)\trequire a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters;\n\t(h)\tgive any directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration or enforcement of this Act.\n\t(2)\tAn authorised officer may only exercise the power conferred by subsection (1)(b) on the authority of a warrant issued by a magistrate unless the authorised officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.\n\t(3)\tA magistrate must not issue a warrant under subsection (2) unless satisfied, on information given on oath—\n\t(a)\tthat there are reasonable grounds to suspect that a provision of this Act has been, is being, or is about to be, breached; or\n\t(b)\tthat the warrant is otherwise reasonably required in the circumstances.\n\t(4)\tIn the exercise of powers under this Act an authorised officer may be assisted by such persons as may appear to the authorised officer to be necessary or desirable in the circumstances.\n\t(5)\tAn occupier of a building must give to an authorised officer or a person assisting an authorised officer such assistance as is reasonably required for the effective exercise of the powers conferred by this section.\n\t(6)\tSubject to subsection (7), a person who—\n\t(a)\twithout reasonable excuse, hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers under this Act; or\n\t(b)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or\n\t(c)\twithout reasonable excuse, fails to obey a requirement or direction of an authorised officer under this Act; or\n\t(d)\twithout reasonable excuse, fails to answer, to the best of the person's knowledge, information and belief, a question put by an authorised officer; or\n\t(e)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\nis guilty of an offence.\n\t(7)\tIt is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or information as required under this section that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(8)\tIf compliance by a natural person with a requirement under this section might tend to incriminate the person or make the person liable to a penalty, then—\n\t(a)\tin the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or\n\t(b)\tin any other case—the answer given in compliance with the requirement,\nis not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n","sortOrder":32},{"sectionNumber":"Part 18","sectionType":"part","heading":"Enforcement","content":"Part 18—Enforcement\nDivision 1—Civil enforcement\n212—Interpretation\n\t(c)\tthe South Australian Heritage Council; or\n\t(d)\ta person or body brought within the ambit of this definition by the regulations.\n\t(2)\tIn this Division, a reference to a breach of this Act is a reference to—\n\t(a)\ta contravention, or threatened contravention, of this Act, other than, in relation to the Crown, or an agency, instrumentality, officer or employee of the Crown, the Building Rules; or\n\t(b)\ta contravention, or threatened contravention, of an agreement under Part 14.\n213—Enforcement notices\n\t(1)\tIf a designated authority has reason to believe on reasonable grounds that a person has breached this Act or the repealed Act, the designated authority may do such of the following as the designated authority considers necessary or appropriate in the circumstances:\n\t(a)\tdirect a person to refrain, either for a specified period or until further notice, from the act, or course of action, that constitutes the breach;\n\t(b)\tdirect a person to make good any breach in a manner, and within a period, specified by the relevant authority;\n\t(c)\ttake such urgent action as is required because of any situation resulting from the breach.\n\t(2)\tA direction under subsection (1) must be given by notice in writing unless the designated authority considers that the direction is urgently required, in which case it may be given orally by an authorised officer.\n\t(3)\tIf a direction is given orally under subsection (2), the authorised officer who gave the direction must confirm the direction by notice in writing by 5 pm on the next business day.\n\t(4)\tA written notice under subsection (2) or (3) must set out any appeal rights that the person may have under this Act.\n\t(5)\tIf a person fails to comply with a direction under subsection (1)(b) within the time specified in the notice, the designated authority may cause the necessary action to be taken.\n\t(6)\tThe reasonable costs and expenses incurred by a designated authority (or any person acting on behalf of the designated authority) under this section may be recovered by the designated authority, as a debt, due from the person whose failure gave rise to the action.\n\t(7)\tIf an amount is recoverable from a person by a designated authority under this section—\n\t(a)\tthe designated authority may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(b)\tthe amount together with any interest charged so payable is until paid a charge in favour of the designated authority on any land owned by the person.\n\t(8)\tAn appeal against a notice under this section must be commenced within 14 days after the direction is given to the appellant unless the Court allows a longer time for the commencement of the appeal.\n\t(9)\tSubject to any order of the Court to the contrary, the operation of a direction is not suspended pending the determination of an appeal.\n\t(10)\tIn an appeal against a notice issued by a designated authority under this section, the Court may make such orders as to costs as it thinks fit.\n\t(11)\tA person who contravenes or fails to comply with a direction under this section is guilty of an offence.\n\t(12)\tA direction cannot be given under this section if it appears that the breach occurred more than 12 months previously.\n214—Applications to Court\n\t(1)\tAny person may apply to the Court for an order to remedy or restrain a breach of this Act or the repealed Act (whether or not any right of that person has been or may be infringed by or as a consequence of that breach).\n\t(2)\tProceedings under this section may be brought in a representative capacity (but, if so, the consent of all persons on whose behalf the proceedings are brought must be obtained).\n\t(3)\tIf proceedings under this section are brought by a person other than a designated authority, the applicant must serve a copy of the application on the designated authority within 3 days after filing the application with the Court.\n\t(4)\tAn application may be made without notice to any person and, if the Court is satisfied on the application that the respondent has a case to answer, it may grant permission to the applicant to serve a summons requiring the respondent to appear before the Court to show cause why an order should not be made under this section.\n\t(5)\tAn application under this section must, in the first instance, be referred to a conference under section 16 of the Environment, Resources and Development Court Act 1993.\n\t(6)\tIf—\n\t(a)\tafter hearing—\n\t(i)\tthe applicant and the respondent; and\n\t(ii)\tany other person who has, in the opinion of the Court, a proper interest in the subject‑matter of the proceedings and desires to be heard in the proceedings,\nthe Court is satisfied, on the balance of probabilities, that the respondent to the application has breached this Act or the repealed Act; or\n\t(b)\tthe respondent fails to appear in response to the summons or, having appeared, does not avail himself or herself of an opportunity to be heard,\nthe Court may, by order, exercise any of the following powers:\n\t(c)\trequire the respondent to refrain, either temporarily or permanently, from the act, or course of action, that constitutes the breach;\n\t(d)\trequire the respondent to make good the breach in a manner, and within a period, specified by the Court, or to take such other action as may appear appropriate to the Court;\n\t(e)\tcancel or vary any development authorisation;\n\t(f)\trequire the respondent to pay to any person who has suffered loss or damage as a result of the breach, or incurred costs or expenses as a result of the breach, compensation for the loss or damage or an amount for or towards those costs or expenses;\n\t(g)\tif the Court considers it appropriate to do so, require the respondent to pay an amount, determined by the Court, in the nature of exemplary damages—\n\t(i)\tif the applicant is a council and the Crown has not become a party to the proceedings—to the council;\n\t(ii)\tin any other case—into the General Revenue of the State.\n\t(7)\tIn assessing damages under subsection (6)(g), the Court must have regard to—\n\t(a)\tany detriment to the public interest resulting from the breach; and\n\t(b)\tany financial or other benefit that the respondent sought to gain by committing the breach; and\n\t(c)\tany other matter it considers relevant.\n\t(8)\tThe power conferred under subsection (6)(g) can only be exercised by a Judge of the Court.\n\t(9)\tA designated authority, and any person with a legal or equitable interest in land to which an application under this section relates, is entitled to appear, before a final order is made, and be heard in proceedings based on the application.\n\t(10)\tIf, on an application under this section or before the determination of the proceedings commenced by the application, the Court is satisfied that, in order to preserve the rights or interests of parties to the proceedings or for any other reason, it is desirable to make an interim order under this section, the Court may make such an order.\n\t(11)\tAn interim order—\n\t(a)\tmay be made on an application without notice to any person; and\n\t(b)\tmay be made whether or not the proceedings have been referred to a conference under subsection (5); and\n\t(c)\twill be made subject to such conditions as the Court thinks fit; and\n\t(d)\twill not operate after the proceedings in which it is made are finally determined.\n\t(12)\tIf the Court makes an order under subsection (6)(d) and the respondent fails to comply with the order within the period specified by the Court, a designated authority may cause any work contemplated by the order to be carried out, and may recover the costs of that work, as a debt, from the respondent.\n\t(13)\tIf an amount is recoverable from a person by a designated authority under subsection (12)—\n\t(a)\tthe designated authority may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(b)\tthe amount together with any interest charged so payable is until paid a charge in favour of the designated authority on any land owned by the person.\n\t(14)\tThe Court may, if it thinks fit, adjourn proceedings under this section in order to permit the respondent to make an application for a development authorisation that should have been but was not made, or to remedy any other default.\n\t(15)\tThe Court may order an applicant in proceedings under this section—\n\t(a)\tto provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed;\n\t(b)\tto give an undertaking as to the payment of any amount that may be awarded against the applicant under subsection (16).\n\t(16)\tIf on an application under this section the Court is satisfied—\n\t(a)\tthat the respondent has not breached this Act or the repealed Act; and\n\t(b)\tthat the respondent has suffered loss or damage as a result of the actions of the applicant; and\n\t(c)\tthat in the circumstances it is appropriate to make an order under this provision,\nthe Court may, on the application of the respondent (and in addition to any order as to costs), require the applicant to pay to the respondent an amount, determined by the Court, to compensate the respondent for the loss or damage which the respondent has suffered.\n\t(17)\tThe Court may, if it considers it appropriate to do so, either on its own initiative or on the application of a party, vary or revoke an order previously made under this section.\n\t(18)\tThe Court may make such orders in relation to costs of proceedings under this section as it thinks fit.\n\t(19)\tProceedings under this section may be commenced at any time within 3 years after the date of the alleged breach or, with the authorisation of the Attorney‑General, at any later time.\n\t(20)\tAn apparently genuine document purporting to be under the hand of the Attorney‑General and to authorise the commencement of proceedings under this section will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\nDivision 2—General offences and provisions relating to offences\nSubdivision 1—General offences\n215—General offences\n\t(1)\tA person must not undertake development contrary to this Act.\n\t(2)\tA person must not undertake development contrary to a development authorisation under this Act.\n\t(3)\tA person who has the benefit of a development must ensure that the development is used, maintained and operated in accordance with—\n\t(a)\tany development authorisation under this Act; and\n\t(b)\tany plans, drawings, specifications or other documents submitted to a relevant authority for the purposes of this Act that are relevant to any such approval.\n\t(4)\tA person must not contravene, or fail to comply with, a condition imposed under this Act in relation to a development authorisation.\n216—Offences relating specifically to building work\n\t(1)\tA person must not perform building work, or cause it to be performed, except in accordance with technical details, particulars, plans, drawings and specifications approved in accordance with this Act.\n\t(2)\tA person must, in performing any building work, comply with the Building Rules (unless modified under this Act), and any other requirements imposed by or under this Act in respect of that work.\n\t(3)\tIf—\n\t(a)\tany item or materials incorporated into any building through the performance of any building work do not comply with the Building Rules (as modified under this Act and subject to any variation that may be lawfully allowed); and\n\t(b)\tthe failure to comply is attributable (wholly or in part) to an act or omission of a person who designed, manufactured, supplied or installed the item or materials, being an act or omission occurring where it was reasonably foreseeable that the item or materials would be required to comply with the Building Rules and where it was reasonable, in the circumstances, to rely on the advice, skills or expertise of that person,\nthen that person will be guilty of an offence.\n\t(4)\tThe fact that a person may have (or has) committed an offence against subsection (3) does not affect the requirements imposed on a person by subsections (1) and (2).\n\t(5)\tIn so far as any charge for an offence against a preceding subsection relates to a failure to comply with the Building Rules (including the Building Rules as modified under this Act), it is a defence to prove that the failure to comply was only of a minor nature and had no adverse effect on the structural soundness or safety of the building in respect of which the relevant building work was performed.\nitem includes any component, fitting, connection, mounting or accessory.\n217—False or misleading information\nA person must not, in furnishing information under this Act, make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular).\nSubdivision 2—General provisions relating to offences\n218—Criminal jurisdiction of Court\nThe offences constituted by this Act lie within the criminal jurisdiction of the Court (and, for that purpose, all offences under this Act are classified as summary offences).\n219—Proceedings for offences\n\t(1)\tProceedings for an offence against this Act may be commenced by (and only commenced by)—\n\t(b)\tthe Director of Public Prosecutions; or\n\t(c)\tthe Chief Executive; or\n\t(d)\tthe Commission; or\n\t(e)\tthe Commissioner for Consumer Affairs; or\n\t(f)\tan authorised officer; or\n\t(g)\ta council; or\n\t(h)\tthe South Australian Heritage Council; or\n\t(i)\ta person acting with the authorisation in writing of the Attorney‑General.\n\t(2)\tA prosecution for an offence against this Act may be commenced at any time within 3 years after the date of the alleged commission of the offence or, with the authorisation of the Attorney‑General, at any later time within 10 years after the date of the alleged commission of the offence.\n\t(3)\tAn apparently genuine document purporting to be signed by the Attorney‑General and to authorise the commencement of proceedings for an offence against this Act will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n220—Offences by bodies corporate—responsibility of officers\n\t(1)\tIf a body corporate is guilty of a prescribed offence, each director and the chief executive officer of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person unless the director or the chief executive officer (as the case may be) proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\n\t(2)\tIf a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each director and the chief executive officer of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that—\n\t(a)\tthe director or chief executive officer (as the case may be) knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe director or chief executive officer (as the case may be) was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe director or chief executive officer (as the case may be) failed to exercise due diligence to prevent the commission of the offence.\n\t(3)\tSubsection (2) does not apply if the principal offence is an offence against a section prescribed by the regulations for the purposes of this subsection.\n\t(4)\tThe regulations may make provision in relation to the criminal liability of a director or the chief executive of a body corporate that is guilty of an offence against the regulations.\n221—Penalties for bodies corporate\nThe maximum penalty that may be imposed for an offence against this Act that is committed by a body corporate is 5 times the maximum penalty that the court could, but for this section, impose as a penalty for an offence.\n222—Order to rectify breach\n\t(1)\tIf, in proceedings for an offence against this Act, the court finds that the defendant has contravened, or failed to comply with, this Act, the court may, in addition to any penalty that it may impose, do 1 or more of the following:\n\t(a)\torder the person to take specified action to make good the contravention or default in a manner, and within a period, specified by the court (including an order that the person make application for a development authorisation that should have been, but has not been made, under this Act);\n\t(b)\torder the person to pay to a relevant authority costs or expenses incurred by the authority in taking action on account of any situation that resulted from that contravention or failure;\n\t(c)\tcancel any development authorisation;\n\t(d)\torder the person to pay to any person who has suffered loss or damage as a result of the contravention or failure, or incurred costs or expenses as a result of the contravention or failure, compensation for the loss or damage or an amount for or towards those costs or expenses.\n\t(2)\tA person must not, without reasonable excuse, fail to comply with an order under this section.\n223—Adverse publicity orders\n\t(1)\tIf a person is found guilty of an offence against this Act, the court may make an order (an adverse publicity order) in relation to the person (the offender) requiring the offender—\n\t(a)\tto take either or both of the following actions within the period specified in the order:\n\t(i)\tto publicise, in the way specified by the order, the offence, its consequences, the penalty imposed and any other related matter;\n\t(ii)\tto notify a specified person or specified class of person, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\n\t(b)\tto give to the Commission or a council (as specified by the court), within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.\n\t(2)\tThe court may make an adverse publicity order on its own initiative or on the application of the person prosecuting the offence.\n\t(3)\tThe court must, in determining whether to make an adverse publicity order, take into account any material before the court relating to the effect that the taking of action or actions that the court proposes to specify in the order is likely to have on a person other than the offender.\n\t(4)\tIf the offender fails to give evidence to the Commission or a council in accordance with subsection (1)(b), the Commission or council, or a person authorised in writing by the Commission or council, may take the action or actions specified in the order.\n\t(5)\tHowever, if—\n\t(a)\tthe offender gives evidence to the Commission or council in accordance with subsection (1)(b); and\n\t(b)\tdespite the evidence, the Commission or council is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order,\nthe Commission or council may apply to the court for an order authorising the Commission or council, or a person authorised in writing by the Commission or council, to take the action or actions.\n\t(6)\tIf the Commission or a council, or a person authorised in writing by the Commission or a council, takes an action or actions in accordance with subsection (4) or an order under subsection (5), the Commission or council is entitled to recover from the offender an amount in relation to the reasonable expenses of taking the action or actions, as a debt, due to the Commission or council.\n224—Proceedings commenced by councils\nIf—\n\t(a)\tproceedings for an offence against this Act brought within the ambit of this section by the regulations are commenced by a council; and\n\t(b)\ta fine is imposed by a court for the offence; and\n\t(c)\tthe fine is paid to a clerk of the court,\nthe clerk must pay the amount of the fine to the council.\nDivision 3—Civil penalties\n225—Civil penalties\n\t(1)\tSubject to this section, if a designated entity is satisfied that a person has committed an offence by contravening a provision of this Act, the designated entity may, as an alternative to criminal proceedings, recover, by negotiation or by application to the Court, an amount as a civil penalty in respect of the contravention.\n\t(2)\tA designated entity may not recover an amount under this section in respect of a contravention if the relevant offence requires proof of intention or some other state of mind, and must, in respect of any other contravention, determine whether to initiate proceedings for an offence or take action under this section, having regard to the seriousness of the contravention, the previous record of the offender and any other relevant factors.\n\t(3)\tA designated entity may not make an application to the Court under this section to recover an amount from a person as a civil penalty in respect of a contravention—\n\t(a)\tunless the designated entity has served on the person a notice in the prescribed form advising the person that the person may, by written notice to the designated entity, elect to be prosecuted for the contravention and the person has been allowed not less than 21 days after service of the designated entity's notice to make such an election; or\n\t(b)\tif the person serves written notice on the designated entity, before the making of such an application, that the person elects to be prosecuted for the contravention.\n\t(4)\tThe maximum amount that a designated entity may recover by negotiation as a civil penalty in respect of a contravention is—\n\t(a)\tthe amount specified by this Act as the criminal penalty in relation to that contravention; or\n\t(b)\t$120 000,\nwhichever is the lesser.\n\t(5)\tIf, on an application by a designated entity, the Court is satisfied on the balance of probabilities that a person has contravened a provision of this Act, the Court may order the person to pay to the designated entity an amount as a civil penalty (but not exceeding the amount specified by this Act as the criminal penalty in relation to that contravention).\n\t(6)\tIn determining the amount to be paid by a person as a civil penalty, the Court must have regard to—\n\t(a)\tthe nature and extent of the contravention; and\n\t(b)\tany detriment to the public interest resulting from the contravention; and\n\t(c)\tany financial saving or other benefit that the person stood to gain by committing the contravention; and\n\t(d)\twhether the person has previously been found, in proceedings under this Act, to have engaged in any similar conduct; and\n\t(e)\tany other matter it considers relevant.\n\t(7)\tThe jurisdiction conferred by this section is to be part of the civil jurisdiction of the Court.\n\t(8)\tIf conduct of a person constitutes a contravention of 2 or more provisions of this Act, an amount may be recovered from the person under this section in relation to the contravention of any 1 or more of those provisions (provided that the person is not liable to pay more than 1 amount as a civil penalty in respect of the same conduct).\n\t(9)\tProceedings for an order under this section that a person pay an amount as a civil penalty in relation to a contravention of this Act, or for enforcement of such an order, are stayed if criminal proceedings are started, or have already been started, against the person for an offence constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n\t(10)\tFurthermore—\n\t(a)\tproceedings referred to in subsection (9) may only be resumed if the criminal proceedings do not result in a formal finding of guilt being made against the person; and\n\t(b)\tif proceedings for an order under this section that a person pay an amount as a civil penalty in relation to a contravention of this Act are commenced by a designated entity, criminal proceedings against the person for an offence constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention cannot be commenced without the authorisation of the Attorney‑General.\n\t(11)\tEvidence of information given or evidence of the production of documents by a person is not admissible in criminal proceedings against the person if—\n\t(a)\tthe person gave the evidence or produced the documents in the course of negotiations or proceedings under this section for the recovery of an amount as a civil penalty in relation to a contravention of this Act; and\n\t(b)\tthe conduct alleged to constitute the offence is substantially the same as the conduct that was alleged to constitute the contravention.\n\t(12)\tHowever, subsection (11) does not apply to criminal proceedings in respect of the making of a false or misleading statement.\n\t(13)\tProceedings for an order under this section may be commenced at any time within 3 years after the date of the alleged contravention or, with the authorisation of the Attorney‑General, at any later time within 10 years after the date of the alleged contravention.\n\t(14)\tAn apparently genuine document purporting to be signed by the Attorney‑General and to authorise the commencement of proceedings under this section will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n\t(15)\tThe Court may, in any proceedings under this section, make such orders in relation to the costs of the proceedings as it thinks just and reasonable.\n\t(17)\tIn this section—\n\t(c)\tthe Commissioner for Consumer Affairs acting after consultation with the Commission.\nDivision 4—Other matters\n226—Imputation of conduct or state of mind of officer, employee etc\n\t(1)\tFor the purposes of proceedings for an offence against this Act or proceedings for the payment of an amount as a civil penalty in respect of an alleged contravention of this Act—\n\t(a)\tthe conduct and state of mind of an officer, employee or agent of a body corporate acting within the scope of his or her actual, usual or ostensible authority will be imputed to the body corporate;\n\t(b)\tthe conduct and state of mind of an employee or agent of a natural person acting within the scope of his or her actual, usual or ostensible authority will be imputed to that person.\n\t(a)\ta natural person is convicted of an offence against this Act; and\n\t(b)\tthe person would not have been convicted of the offence but for the operation of subsection (1),\nthe person is not liable to be punished by imprisonment for the offence.\n\t(3)\tFor the purposes of this section, a reference to conduct or acting includes a reference to failure to act.\n227—Statement of officer evidence against body corporate\nIn proceedings for an offence against this Act by a body corporate or proceedings against a body corporate for the payment of an amount as a civil penalty in respect of an alleged contravention of this Act, a statement made by an officer of the body corporate is admissible as evidence against the body corporate.\n228—Make good orders\n\t(1)\tIf in any proceedings under this Act the court finds that a person has contravened this Act by undertaking a tree‑damaging activity, the court may, in addition to any penalty that it may impose, by order, direct a specified person to do 1 or more of the following:\n\t(a)\tto establish a tree or trees of a kind specified by the court in a place or places specified by the court;\n\t(b)\tto remove any buildings, works or vegetation that have been erected, undertaken or planted at or near the place where the regulated tree was situated since the breach occurred;\n\t(c)\tto nurture, protect and maintain any tree or trees until they are fully established or for such period as may be specified by the court, or to make a payment or payments towards the maintenance of any tree or trees.\n\t(2)\tThe court may make any ancillary order as the court thinks fit.\n\t(3)\tThe court must, before making an order under subsection (1) directed at a person who is not an owner or occupier of the relevant land, ensure that reasonable steps have been taken to give notice of the relevant proceedings to an owner or occupier of the land.\n\t(4)\tIf a person to whom an order under subsection (1) applies is not an owner or occupier of the relevant land at the time of the making of the order, the court may authorise the person (or a person authorised by him or her)—\n\t(a)\tto enter the land with such materials and equipment as are reasonably necessary to comply with the order; and\n\t(b)\tto enter and cross any land specified in the order with the materials and equipment referred to in paragraph (a) for the purpose of gaining access to the relevant land.\n\t(5)\tSubject to subsection (6), an order under this section will cease to apply with respect to land if or when the land is sold to a genuine arms‑length purchaser for value.\n\t(6)\tSubsection (5) does not apply if the order is noted against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land under a scheme prescribed by the regulations for the purposes of this subsection.\n\t(7)\tA court may, on application, vary or revoke an order under this section.\n\t(8)\tA person who fails to comply with an order under subsection (1) or (2) is, in addition to any liability for contempt, guilty of an offence.\n\t(9)\tAn owner or occupier of land, or any other person, who hinders or obstructs a person in carrying out the requirements of an order under subsection (1) or (2) or entering or crossing land under subsection (4) is guilty of an offence.\n229—Recovery of economic benefit\n\t(1)\tIf in any proceedings under this Act, a court finds that a person has contravened this Act, the court may, in addition to any penalty that it may impose, order the person to pay to the Commission or a council (as the court thinks fit) an amount not exceeding the court's estimation of the amount of economic benefit acquired by the person, or accrued or accruing to the person, as a result of the contravention.\n\t(2)\tFor the purposes of subsection (1), an economic benefit obtained by delaying or avoiding costs will be taken to be an economic benefit acquired as a result of a contravention if the contravention can be attributed (in whole or in part) to that delay or avoidance.\n\t(3)\tA court may, by an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order.\n\t(4)\tAn amount paid to the Commission in accordance with an order under subsection (1) must be paid into the Planning and Development Fund.\n\t(5)\tAn amount paid to a council in accordance with an order under subsection (1) must be applied by the council for the purpose of acquiring or developing land as open space (and may be held by the council in a fund established for the purposes of section 198).\n230—Enforceable voluntary undertakings\n\t(1)\tA designated entity may accept (by written notice) a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act.\n\t(2)\tThe giving of an undertaking does not constitute an admission of guilt by the person giving the undertaking in respect of the contravention or alleged contravention to which the undertaking relates.\n\t(3)\tA person must not contravene an undertaking made by the person that is in effect.\n\t(4)\tIf a designated entity considers that a person has contravened an undertaking accepted by the designated entity, the designated entity may apply to the Court for enforcement of the undertaking.\n\t(5)\tIf the Court is satisfied that the person has contravened the undertaking, the Court, in addition to the imposition of any penalty, may make any of the following orders:\n\t(a)\tan order that the person must comply with the undertaking or take specified action to comply with the undertaking;\n\t(b)\tan order discharging the undertaking;\n\t(c)\tan order directing the person to pay to a designated entity—\n\t(i)\tthe costs of the proceedings; and\n\t(ii)\tthe reasonable costs of the designated entity in monitoring compliance with the undertaking in the future;\n\t(d)\tany other order that the Court considers appropriate in the circumstances.\n\t(6)\tA person must not fail to comply with an order under subsection (5).\n\t(7)\tA person who has made an undertaking may, at any time, with the written agreement of the relevant designated entity—\n\t(a)\tvary the undertaking; or\n\t(b)\twithdraw the undertaking.\n\t(8)\tHowever, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act.\n\t(9)\tSubject to this section, no proceedings for a contravention or alleged contravention of this Act may be brought against a person if an undertaking is in effect in relation to that contravention.\n\t(10)\tNo proceedings may be brought for a contravention or alleged contravention of this Act against a person who has made an undertaking in respect of that contravention and has completely discharged the undertaking.\n\t(11)\tA designated entity may accept an undertaking in respect of a contravention or alleged contravention before proceedings in respect of that contravention have been finalised.\n\t(12)\tIf a designated entity accepts an undertaking before the proceedings are finalised, the designated entity must take all reasonable steps to have the proceedings discontinued as soon as possible.\n\t(14)\tIn this section—\n\t(c)\tthe Commissioner for Consumer Affairs acting after consultation with the Commission.\n","sortOrder":33},{"sectionNumber":"Part 19","sectionType":"part","heading":"Regulation of advertisements","content":"Part 19—Regulation of advertisements\n231—Advertisements\n\t(1)\tIf, in the opinion of the Commission or a council, an advertisement or advertising hoarding—\n\t(a)\tdisfigures the natural beauty of a locality or otherwise detracts from the amenity of a locality; or\n\t(b)\tis contrary to the character desired for a locality under the Planning and Design Code,\nthe Commission or council may, by notice served in accordance with the regulations on the advertiser or the owner or occupier of the land on which the advertisement or advertising hoarding is situated, whether or not a development authorisation has been granted in respect of the advertisement or advertising hoarding, order that person to remove or obliterate the advertisement or to remove the advertising hoarding (or both) within a period specified in the notice (which must be a period of at least 28 days from the date of service of the notice).\n\t(2)\tAn order under subsection (1) may not be made in relation to—\n\t(a)\tan advertisement the display of which is authorised under the Local Government Act 1999, the Local Government (Elections) Act 1999 or the Electoral Act 1985; or\n\t(b)\tan advertisement required to be displayed under the provisions of some other Act; or\n\t(c)\tan advertisement for the sale or lease of land situated on the land concerned; or\n\t(d)\tan advertisement of a prescribed class.\n\t(3)\tIf a person on whom a notice is served under subsection (1) fails to comply with a notice within the time allowed in the notice—\n\t(a)\tthe Commission or council may itself enter on the land and take the necessary steps for carrying out the requirements of the notice and may recover the costs of so doing, as a debt, from the person on whom the notice was served; and\n\t(b)\tthe person on whom the notice was served is guilty of an offence.\nDefault penalty: $100.\n\t(4)\tIf a development authorisation has been given under this Act for the erection or display of an advertisement, no further licence or other authorisation in respect of the erection or display of the advertisement is required under the Local Government Act 1999 or the Local Government (Elections) Act 1999.\n\t(5)\tA person against whom an order is made under this section may, within 1 month after service of the notice or such longer period as may be allowed by the Court, appeal to the Court against the order and, on an appeal, the Court may confirm, vary or quash the order subject to the appeal and make any consequential or ancillary order or direction that it considers necessary or expedient in the circumstances of the case.\n","sortOrder":34},{"sectionNumber":"Part 20","sectionType":"part","heading":"Miscellaneous","content":"Part 20—Miscellaneous\n232—Constitution of Environment, Resources and Development Court\nThe following provisions apply in respect of the constitution of the Environment, Resources and Development Court when exercising jurisdiction under this Act:\n\t(a)\tthe Court may be constituted in a manner provided by the Environment, Resources and Development Court Act 1993 or may, if the Senior Judge of the Court so determines, be constituted of a Judge and 1 commissioner;\n\t(b)\tthe provisions of the Environment, Resources and Development Court Act 1993 apply in relation to the Court constituted of a Judge and 1 commissioner in the same way as in relation to a full bench of the Court;\n\t(c)\tthe Court may not be constituted of or include a commissioner unless—\n\t(i)\tin a case where only 1 commissioner is to sit (whether alone or with another member or members of the Court)—the commissioner; or\n\t(ii)\tin any other case—at least 1 commissioner,\nis a commissioner who has been specifically designated by the Governor as a person who has expertise in fields that are relevant to the jurisdiction conferred on the Court by this Act.\n233—Exemption from liability\nNo act or omission in good faith in relation to a particular development by—\n\t(a)\tthe Minister, the Commission, a relevant authority, a council or other authority under this Act; or\n\t(b)\tan authorised officer; or\n\t(c)\ta building certifier,\nafter the development has been approved under this Act subjects that person or body to any liability.\n234—Insurance requirements\nThe regulations may require prescribed classes of persons to have professional indemnity or other insurance of a kind prescribed by the regulations.\n235—Professional advice to be obtained in relation to certain matters\n\t(1)\tA relevant authority, council, authorised officer or building certifier may, in the exercise of a prescribed function, rely on a certificate of a person with prescribed qualifications.\n\t(2)\tA relevant authority, council, authorised officer or building certifier must seek and consider the advice of a person with prescribed qualifications, or a person approved by the Minister for that purpose, in relation to a matter arising under this Act that is declared by regulation to be a matter on which such advice should be sought.\n\t(3)\tA person may be approved by the Minister for the purposes of subsection (2) subject to such conditions as the Minister thinks fit, and the Minister may vary or withdraw such an approval at any time.\n\t(4)\tNo act or omission by a person or body in good faith in reliance on a certificate given under subsection (1) or advice given under subsection (2) subjects the person or body to any liability.\n\t(5)\tA person must not undertake an engagement to provide a certificate or advice for the purposes of this section in relation to a particular development if the person—\n\t(a)\thas been involved for remuneration in any aspect of the planning or design of the development; or\n\t(b)\thas a direct or indirect pecuniary interest in any aspect of the development or any body associated with any aspect of the development.\n236—Confidential information\n\t(1)\tA person performing any function under this Act must not use confidential information gained by virtue of his or her official position for the purpose of securing a private benefit for himself or herself personally or for some other person.\nMaximum penalty: $15 000 or imprisonment for 2 years.\n\t(2)\tA person performing any function under this Act must not intentionally disclose confidential information gained by virtue of his or her official position unless—\n\t(a)\tthe disclosure is necessary for the proper performance of that function; or\n\t(b)\tthe disclosure is made to another who is also performing a function under this Act; or\n\t(c)\tthe disclosure is made with the consent of the person who furnished the information or to whom the information relates; or\n\t(d)\tthe disclosure is authorised or required under any other Act or law; or\n\t(e)\tthe disclosure is authorised or required by a court or tribunal constituted by law; or\n\t(f)\tthe disclosure is authorised by the regulations.\nMaximum penalty: $15 000 or imprisonment for 2 years.\n237—Accreditation of building products etc\n\t(1)\tAny building product, building method, design, component, equipment or system accredited by an entity prescribed for the purposes of this section is accredited for the purposes of this Act.\n\t(2)\tThe accreditation is subject to any conditions or variations imposed by the entity from time to time and remains in force until the accreditation is revoked by the entity.\n\t(3)\tA relevant authority must not refuse to approve a development on the ground that any building product, building method, design, component, equipment or system connected with any building work is unsatisfactory if the product, method, design, component, equipment or system is accredited by a prescribed entity and it complies with any such accreditation.\n238—Copyright issues\n\t(b)\tthe Commission; or\n\t(c)\tthe Chief Executive.\n\t(2)\tA designated entity, acting for the services of the State, is authorised to publish any document, instrument or material in which copyright may exist.\n\t(3)\tWithout limiting subsection (2), a designated entity may refuse to accept any document, instrument or material—\n\t(a)\tfor any purpose under this Act; and\n\t(b)\twithout limiting paragraph (a)—for lodging on the SA planning portal,\nunless or until there is an agreement in place relating to any copyright that may exist in the document, instrument or material (including an agreement under which no remuneration will be payable for the use of copyright material).\n\t(4)\tDespite a preceding subsection, a designated entity may determine not to accept any document, instrument or material in which copyright may exist if the designated entity considers that the issue of copyright has not been dealt with appropriately or adequately.\n239—Charges on land\n\t(1)\tIf a charge on land is created under a provision of this Act, the person in whose favour the charge is created may deliver to the Registrar-General a notice, in a form determined by the Registrar-General, setting out the amount of the charge and the land over which the charge is claimed.\n\t(2)\tOn receipt of a notice under subsection (1), the Registrar-General must, in relation to any land referred to in the notice, enter a note of the charge against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.\n\t(3)\tWhere a note has been entered under subsection (2), the Registrar-General must not register an instrument affecting the land to which the entry relates unless—\n\t(a)\tthe instrument—\n\t(i)\twas executed before the entry was made; or\n\t(ii)\thas been executed under or pursuant to an agreement entered into before the entry was made; or\n\t(iii)\trelates to an instrument registered before the entry was made; or\n\t(b)\tthe instrument is an instrument of a prescribed class; or\n\t(c)\tthe instrument is expressed to be subject to the operation of the charge; or\n\t(d)\tthe instrument is a duly stamped conveyance that results from the exercise of a power of sale under a mortgage, charge or encumbrance in existence before the entry was made.\n\t(4)\tAn instrument registered under subsection (3)(a) or (b) has effect, in relation to the entry, as if it had been registered before the entry was made.\n\t(5)\tIf an instrument is registered under subsection (3)(d), the charge will be taken to be cancelled by the registration of the instrument and the Registrar‑General must make the appropriate entries to give effect to the cancellation.\n\t(6)\tThe person in whose favour a charge exists must, if the amount to which the charge relates is paid, by notice to the appropriate authority in a form determined by the Registrar-General, apply for the discharge of the charge.\n\t(7)\tThe Registrar‑General must then cancel the relevant entry.\n240—Registering authorities to note transfer\n\t(1)\tThe Registrar-General or another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, must, on application under this section, register or record in an appropriate manner the transfer to the Minister or another body of an asset, right or liability by regulation, proclamation or notice under this Act.\n\t(2)\tAn instrument relating to an asset, right or liability that has transferred to the Minister or a body by regulation, proclamation or notice under this Act must, if the instrument is executed by the Minister or the body and is otherwise in an appropriate form, be registered or recorded by the Registrar‑General or another appropriate authority despite the fact that the Minister or the body has not been registered or recorded as the proprietor of the property under subsection (1).\n\t(3)\tThe vesting of property by regulation, proclamation or notice under this Act, and an instrument evidencing or giving effect to that vesting, are exempt from stamp duty.\n241—Delegation by Minister\n\t(1)\tThe Minister may delegate any of the Minister's functions or powers under this Act.\n\t(d)\tis revocable at will and does not derogate from the power of the Minister to act in any manner.\n242—Approvals by Minister or Treasurer\nA matter under this Act for which the approval of the Minister or the Treasurer is required will be regarded as having that approval—\n\t(a)\twhether the approval is given in respect of that particular matter or a class of matters to which it belongs; and\n\t(b)\twhether the approval is given by the Minister or Treasurer or by a person acting with the authority of the Minister or Treasurer.\n242A—Use of equipment or computers to make decisions\n\t(1)\tAny equipment, computer, software or other mechanical or electronic device or process of a class or kind approved by the Chief Executive (an approved system) may be used—\n\t(a)\tto perform the assessment of, and grant a consent under section 102 of a kind determined by the Chief Executive for, development of a class determined by the Chief Executive; or\n\t(b)\tto grant development authorisation for development of a class determined by the Chief Executive; or\n\t(c)\tto give notice of any decision, determination or other thing under this Act; or\n\t(d)\tto perform any other function under this Act of a prescribed class; or\n\t(e)\tto do anything else related to a matter referred to in a preceding paragraph.\n\t(2)\tAnything done, determined or created by an approved system in relation to a matter referred to in subsection (1) (the relevant matter) will be taken to have been done, determined or created by the Chief Executive.\n\t(3)\tSubject to the regulations, the Chief Executive will be taken to be the relevant authority for the purposes of anything done, determined or created by an approved system in relation to a relevant matter (and a reference in this Act to a relevant authority will be taken to be a reference to the Chief Executive for those purposes).\n\t(4)\tSubject to the regulations, the use of an approved system in relation to a matter referred to in subsection (1) does not derogate from—\n\t(a)\tthe power of a person who may otherwise act under the provision to which that subsection relates (a relevant person) to act in relation to that matter instead of relying on the approved system; or\n\t(b)\tthe power of a relevant person to make or substitute their own decision in relation to that matter.\n\t(5)\tWithout limiting subsection (4), the Chief Executive may, before final development approval is granted in respect of a development for which a consent was granted by use of an approved system, revoke the consent and refer the matter to a relevant authority determined by the Chief Executive for reassessment of whether the consent should be granted.\n\t(6)\tA certificate issued by the Chief Executive and that states any of the following is admissible in evidence in any legal proceedings as evidence of the matters so certified:\n\t(a)\tthat any equipment, computer, software or other mechanical or electronic device or process was of a class or kind approved by the Chief Executive under this section;\n\t(b)\tthat any equipment, computer, software or other mechanical or electronic device or process was operating correctly;\n\t(c)\tthat a determination of a kind of consent under section 102, or development of a class, was properly made by the Chief Executive for the purposes of subsection (1)(a) or (b) (as the case requires).\n\t(7)\tFor the purposes of subsection (6), a document purporting to be a certificate of the Chief Executive issued under that subsection is, unless the contrary is proved, to be taken to be such a certificate.\n\t(8)\tThe regulations may modify the application of a provision of this Act—\n\t(a)\tfor the purposes of anything done, determined or created by an approved system in relation to a relevant matter; or\n\t(b)\tin relation to the operation of this section (including in relation to legal proceedings in connection with this section).\n243—Compulsory acquisition of land\n\t(1)\tThe Minister may acquire land under this section where the Minister considers that the acquisition of the land is reasonably necessary—\n\t(a)\tfor the operation or implementation of the Planning and Design Code; or\n\t(b)\tfor the implementation of a development authorisation of a prescribed class; or\n\t(c)\tin order to further the objects of this Act.\n\t(2)\tThe Minister may only act under subsection (1) if the Minister is acting on the advice of the Commission.\n\t(3)\tThe Land Acquisition Act 1969 applies to the acquisition of land in pursuance of this section.\n244—Advisory committees on implementation of Act\n\t(1)\tThe Minister must establish the following committees to provide advice on the implementation of this Act:\n\t(a)\tafter consultation with the LGA, a committee that relates to the local government sector;\n\t(b)\ta committee that relates to entities involved in undertaking development within the State;\n\t(c)\ta committee that relates to—\n\t(i)\tcommunity participation; and\n\t(ii)\tecological sustainability and liveability,\nwith respect to planning, design and development.\n\t(2)\tThe Minister may, in establishing a committee under subsection (1), make provision with respect to—\n\t(a)\tthe membership of the committee; and\n\t(b)\tthe procedures of the committee; and\n\t(c)\tthe functions or scope of operation of the committee; and\n\t(d)\tother matters as the Minister thinks fit.\n\t(3)\tNothing in this section limits any other committee or other entity that may be established, or any other step or other process that may be undertaken, in relation to the implementation of this Act.\n245—Inquiries by Commission\n\t(1)\tThe Commission must conduct the following inquiries under section 22(1)(e):\n\t(a)\tan inquiry into schemes in relation to the provision of essential infrastructure under Part 13;\n\t(b)\tan inquiry into the scheme for off-setting contributions and the open space contribution scheme under Part 15 Division 2.\n\t(2)\tThe inquiry under subsection (1)(a) must—\n\t(a)\tinvestigate alternative schemes for the provision of essential infrastructure and make recommendations as to whether any such scheme should be adopted in this State; and\n\t(b)\tinvestigate alternative schemes for the provision of prescribed infrastructure (within the meaning of section 169(21)) and make recommendations as to whether any such scheme should be adopted in this State; and\n\t(c)\tconsider such other matters as the Commission thinks fit.\n\t(3)\tThe inquiry under subsection (1)(b) must—\n\t(a)\tinvestigate alternative schemes for off-setting contributions and contributing to open space and make recommendations as to whether any such scheme should be adopted in this State; and\n\t(b)\tconsider such other matters as the Commission thinks fit.\n\t(4)\tThe Commission must furnish the following reports on inquiries under this section to the Minister:\n\t(a)\ta report on the outcome of the inquiry under subsection (1)(a) no earlier than 2 years after the commencement of this Act;\n\t(b)\ta report on the outcome of the inquiry under subsection (1)(b) within 2 years after the commencement of this Act.\n\t(5)\tThe Minister must cause a copy of each report submitted to the Minister under this section to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\n\t(6)\tA proclamation for the purposes of this Act fixing a day on which Part 13 Division 1 Subdivision 3 will come into operation cannot be made until after a report on the outcome of the inquiry under subsection (1)(a) has been laid before both Houses of Parliament.\n246—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), regulations may be made with respect to any of the matters specified in Schedule 5.\n\t(3)\tA regulation made for the purposes of this Act may operate subject to prescribed conditions.\n\t(4)\tThe regulations may adopt, wholly or partially and with or without modification—\n\t(a)\tan instrument relating to matters in respect of which regulations may be made under this Act or otherwise relating to any aspect of development; or\n\t(b)\tan amendment to such an instrument.\n\t(5)\tAny regulations adopting an instrument, or an amendment to an instrument, may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary.\n\t(6)\tThe regulations or an instrument adopted by the regulations may—\n\t(a)\trefer to or incorporate, wholly or partially and with or without modification, a standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and\n\t(b)\tbe of general or limited application; and\n\t(c)\tmake different provision according to the circumstances or entities to which they are expressed to apply; and\n\t(d)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Commission, a joint planning board, a council, the Chief Executive, the Commissioner for Consumer Affairs, an authorised person or any other specified body or person.\n\t(7)\tWithout limiting a preceding subsection, the regulations may—\n\t(a)\tprovide for the effect of failing to comply with any time limit or requirement prescribed by the regulations, including by providing that any action taken after the expiration of any such time limit or in a manner inconsistent with any such requirement will not have effect under this Act; and\n\t(b)\tspecify circumstances where a notice may be taken to have been given or served for the purposes of this Act.\n","sortOrder":35},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Disclosure of financial interests","content":"Schedule 1—Disclosure of financial interests\n\t(1)\tIn this Schedule—\n\t(ab)\ta committee established by the Commission under section 29; or\n\t(ac)\ta subsidiary established by the Commission under section 30; or\n\t(ba)\ta committee established by a joint planning board under section 38; or\n\t(bb)\ta subsidiary established by a joint planning board under section 39; or\n\t(c)\tan assessment panel;\nfamily, in relation to a prescribed member, means—\n\t(a)\ta spouse or domestic partner of the member; or\n\t(b)\ta child of the member who is under the age of 18 years and normally resides with the member;\nfamily company of a prescribed member means a proprietary company—\n\t(a)\tin which the member or a member of the member's family is a shareholder; and\n\t(b)\tin respect of which the member or a member of the member's family, or any such persons together, are in a position to cast, or control the casting of, more than one-half of the maximum number of votes that might be cast at a general meeting of the company;\nfamily trust of a prescribed member means a trust (other than a testamentary trust)—\n\t(a)\tof which the member or a member of the member's family is a beneficiary; and\n\t(b)\twhich is established or administered wholly or substantially in the interests of the member or a member of the member's family, or any such persons together;\nperson related to a prescribed member means—\n\t(a)\ta member of the prescribed member's family; or\n\t(b)\ta family company of the prescribed member; or\n\t(c)\ta trustee of a family trust of the prescribed member;\nprescribed member means a member of a designated entity who is required to disclose his or her financial interests under this Act;\nrelevant official means—\n\t(a)\tin relation to a member of the Commission, a committee or subsidiary established by the Commission under section 29 or 30, a joint planning board, a committee or subsidiary established by a joint planning board under section 38 or 39 or a regional assessment panel—the Minister;\n\t(b)\tin relation to a member of an assessment panel—a person prescribed by the regulations.\n\t(2)\tFor the purposes of this Schedule, a person who is the object of a discretionary trust is to be taken to be a beneficiary of that trust.\n2—Disclosure of interests\n\t(1)\tA prescribed member of a designated entity must—\n\t(a)\ton appointment, submit to the relevant official a return in the prescribed form relating to his or her pecuniary interests in accordance with the regulations; and\n\t(b)\ton an annual basis in accordance with the requirements of the regulations, submit to the relevant official an annual return in the prescribed form relating to his or her pecuniary interests in accordance with the regulations.\n\t(2)\tWithout limiting the effect of subclause (1), a prescribed member of a designated entity will be taken to have a pecuniary interest for the purposes of this clause if a person related to the member has that interest.\n\t(3)\tA prescribed member who has submitted a return under this Schedule may at any time notify the relevant official of a change or variation in the information appearing on the register in respect of the member.\n3—Register\n\t(1)\tA relevant official must maintain a register of interests and cause to be entered in the register all information furnished under this Schedule.\n\t(2)\tA person is entitled to inspect (without charge) the register at the place where it is kept during ordinary office hours.\n\t(3)\tA person is entitled, on payment of a fee (specified by the relevant official as a standard fee to cover the relevant official's administrative and copying costs), to a copy of the register.\n4—Compliance with Schedule\n\t(1)\tA prescribed member of a designated entity who fails to comply with a requirement under this Schedule is guilty of an offence.\n\t(2)\tA prescribed member of a designated entity who submits a return under this Schedule that is to the knowledge of the member false or misleading in a material particular (whether by reason of information included in or omitted from the return) is guilty of an offence.\n5—Restrictions on publication\n\t(1)\tA person must not—\n\t(a)\tpublish information derived from a register under this Schedule unless the information constitutes a fair and accurate summary of the information contained in the register and is published in the public interest; or\n\t(b)\tcomment on the facts set forth in a register under this Schedule unless the comment is fair and published in the public interest and without malice.\n\t(2)\tIf information or comment is published by a person in contravention of subclause (1), the person, and any person who authorised the publication of the information or comment, is guilty of an offence.\n","sortOrder":36},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Subsidiaries of joint planning boards","content":"Schedule 2—Subsidiaries of joint planning boards\n1—Application for Ministerial approval\n\t(1)\tA joint planning board proposing to establish a subsidiary of the board under this Act must apply to the Minister under this Schedule.\n\t(2)\tAn application by a joint planning board for the approval of the Minister to establish a subsidiary must—\n\t(a)\tbe in a form approved by the Minister; and\n\t(b)\tbe accompanied by information required by the Minister; and\n\t(c)\tbe accompanied by a copy of the proposed charter for the subsidiary.\n\t(3)\tA subsidiary comes into existence if or when the Minister, by notice published in the Gazette, signifies his or her approval of the establishment of the subsidiary.\n\t(4)\tThe joint planning board must, in conjunction with the publication of a notice under subclause (3), ensure that a copy of the charter of the subsidiary is published on the SA planning portal.\n2—Corporate status\nA subsidiary established under this Schedule—\n\t(a)\tis a body corporate; and\n\t(b)\thas the name assigned to it by its charter; and\n\t(c)\thas the powers, functions and duties specified in its charter; and\n\t(d)\tholds its property on behalf of the joint planning board.\n3—Charter of subsidiary\n\t(1)\tA charter must be prepared for a subsidiary by the joint planning board.\n\t(2)\tThe charter must address—\n\t(a)\tthe purpose for which the subsidiary is established;\n\t(b)\tthe constitution of a board of management as the subsidiary's governing body;\n\t(c)\tthe powers, functions and duties of the subsidiary;\n\t(d)\tstaffing issues, including whether the subsidiary may employ staff and, if so, the process by which conditions of employment will be determined;\n\t(e)\twhether the subsidiary is intended to be partially or fully self-funding, and other relevant arrangements relating to costs and funding;\n\t(f)\tany special accounting, internal auditing or financial systems or practices to be established or observed by the subsidiary;\n\t(g)\tthe acquisition or disposal of assets;\n\t(h)\tthe manner in which surplus revenue is to be dealt with by the subsidiary;\n\t(i)\tthe nature and scope of any investment which may be undertaken by the subsidiary;\n\t(j)\tthe subsidiary's obligations to report on its operations, financial position and other relevant issues;\n\t(k)\tother matters contemplated by this Schedule or prescribed by the regulations.\n\t(3)\tThe joint planning board may include in the charter other matters that it considers to be appropriate.\n\t(4)\tThe joint planning board must ensure that a copy of the charter is published on the SA planning portal.\n\t(5)\tThe charter may be reviewed by the joint planning board at any time.\n\t(6)\tThe joint planning board must, if it amends a charter—\n\t(a)\tfurnish a copy of the charter, as amended, to the Minister; and\n\t(b)\tensure that a copy of the charter, as amended, is published on the SA planning portal.\n4—Appointment of board of management\n\t(1)\tSubject to the charter of the subsidiary, the membership of a board of management of a subsidiary will be determined by the joint planning board and may consist of, or include, persons who are not members of the joint planning board.\n\t(2)\tA board member will be appointed by the joint planning board for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of office, is eligible for reappointment.\n\t(3)\tThe office of board member becomes vacant if the board member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the joint planning board; or\n\t(d)\tbecomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or\n\t(e)\tis removed from office by the joint planning board by written notice.\n\t(4)\tA board member must be appointed to chair meetings of the board of management.\n\t(5)\tOn the office of a board member becoming vacant, a person may be appointed in accordance with this clause to the vacant office.\n\t(6)\tThe joint planning board may appoint a suitable person to be a deputy of a board member and to act as a member of the board during any period of absence of the board member.\n\t(7)\tThe joint planning board may give directions in relation to an actual or potential conflict of duty between offices held concurrently, or in relation to some other incompatibility between offices held concurrently and, if the person concerned complies with those directions, he or she is excused from any breach that would otherwise have occurred.\n5—Validity of acts\nAn act or proceeding of a board of management is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n6—Proceedings of board of management\n\t(1)\tA quorum of a board of management will be determined by the charter of the subsidiary.\n\t(2)\tThe board member appointed to chair the board of management will preside at meetings of the board of management or, in the absence of that member, another board member chosen by those present will preside.\n\t(3)\tA decision carried by a majority of votes cast by board members at a meeting is a decision of the board of management.\n\t(4)\tEach board member present at a meeting of the board of management is entitled to 1 vote on any matter arising for decision and, if the votes are equal, the board member presiding at the meeting is entitled to a second or casting vote.\n\t(5)\tA telephone or video conference between board members will, for the purposes of this clause, be taken to be a meeting of the board of management at which the participating board members are present if—\n\t(a)\tnotice of the conference is given to all board members in the manner determined by the board of management for that purpose; and\n\t(b)\teach participating board member is capable of communicating with every other participating board member during the conference.\n\t(6)\tA proposed resolution of the board of management becomes a valid decision of the board of management despite the fact that it is not voted on at a meeting if—\n\t(a)\tnotice of the proposed resolution is given to all board members in accordance with procedures determined by the board of management; and\n\t(b)\ta majority of the board members express their concurrence in the proposed resolution in writing or by electronic communication.\n\t(7)\tA person authorised in writing by the joint planning board for the purposes of this clause may attend (but not participate in) a meeting of the board of management and may have access to papers provided to board members for the purpose of the meeting.\n\t(8)\tIf a board of management considers that a matter dealt with at a meeting attended by a representative of the joint planning board should be treated as confidential, the board of management may advise the joint planning board of that opinion, giving the reason for the opinion, and the joint planning board may, subject to subclause (9), act on that advice as the joint planning board thinks fit.\n\t(9)\tIf the joint planning board is satisfied on the basis of the board of management's advice under subclause (8) that the subsidiary owes a duty of confidence in respect of a matter, the joint planning board must ensure the observance of that duty in respect of the matter, but this subclause does not prevent a disclosure as required in the proper performance of the functions or duties of the joint planning board.\n\t(10)\tThe board of management must have accurate minutes kept of its proceedings.\n\t(11)\tSubject to this clause, and to a direction of the joint planning board, the board of management may determine its own procedures.\n7—Specific functions of board of management\n\t(1)\tThe board of management of a subsidiary is responsible for the administration of the affairs of the subsidiary.\n\t(2)\tThe board of management of a subsidiary must ensure as far as practicable—\n\t(a)\tthat the subsidiary observes all plans, targets, structures, systems and practices required or applied to the subsidiary by the joint planning board; and\n\t(b)\tthat all information furnished to the joint planning board is accurate; and\n\t(c)\tthat the joint planning board is advised, as soon as practicable, of any material development that affects the financial or operating capacity of the subsidiary or gives rise to the expectation that the subsidiary may not be able to meet its debts as and when they fall due.\n\t(3)\tAnything done by the board of management in the administration of the affairs of the subsidiary is binding on the subsidiary.\n8—Board members' duty of care etc\n\t(1)\tA board member must at all times act with reasonable care and diligence in the performance and discharge of official functions and duties, and (without limiting the effect of the foregoing) for that purpose—\n\t(a)\tmust take reasonable steps to inform himself or herself about the subsidiary and relevant aspects of the operations and activities of the joint planning board; and\n\t(b)\tmust take reasonable steps through the processes of the board of management to obtain sufficient information and advice about matters to be decided by the board of management or pursuant to a delegation to enable him or her to make conscientious and informed decisions; and\n\t(c)\tmust exercise an active discretion with respect to all matters to be decided by the board of management or pursuant to a delegation.\n\t(2)\tA board member is not bound to give continuous attention to the affairs of the subsidiary but is required to exercise reasonable diligence in attendance at and preparation for meetings of the board of management.\n\t(3)\tIn determining the degree of care and diligence required to be exercised by a board member, regard must be had to the skills, knowledge or acumen possessed by the board member and the degree of risk involved in a particular circumstance.\n\t(4)\tA board member does not commit a breach of duty under this clause by acting in accordance with a direction from the joint planning board.\n9—Business plans\n\t(1)\tA subsidiary must, in consultation with the joint planning board, prepare and adopt a business plan consistent with its charter.\n\t(2)\tA subsidiary and the joint planning board must ensure that the first business plan of the subsidiary is prepared within 6 months after the subsidiary is established.\n\t(3)\tA business plan of a subsidiary continues in force for the period specified in the plan or until the earlier adoption by the subsidiary of a new business plan.\n\t(4)\tA subsidiary must, in consultation with the joint planning board, review its business plan on an annual basis.\n\t(5)\tA subsidiary may, after consultation with the joint planning board, amend its business plan at any time.\n\t(6)\tA business plan must set out or include—\n\t(a)\tthe performance targets that the subsidiary is to pursue; and\n\t(b)\ta statement of the financial and other resources, and internal processes, that will be required to achieve the subsidiary's performance targets; and\n\t(c)\tthe performance measures that are to be used to monitor and assess performance against targets.\n10—Budget\n\t(1)\tA subsidiary must have a budget for each financial year.\n\t(2)\tEach budget of a subsidiary—\n\t(a)\tmust deal with each principal activity of the subsidiary on a separate basis; and\n\t(b)\tmust be consistent with its business plan; and\n\t(c)\tmust comply with standards and principles prescribed by the regulations; and\n\t(d)\tmust be provided to the joint planning board in accordance with the regulations.\n\t(3)\tA subsidiary may, with the approval of the joint planning board, amend its budget for a financial year at any time before the year ends.\n\t(4)\tA subsidiary may incur, for a purpose of genuine emergency or hardship, spending that is not authorised by its budget.\n\t(5)\tA subsidiary may, in a financial year, after consultation with the joint planning board, incur spending before adoption of its budget for the year, but the spending must be provided for in the appropriate budget for the year.\n11—Subsidiary subject to direction by joint planning board\nA subsidiary is subject to the direction and control of the joint planning board.\n12—Provision of information\n\t(1)\tA subsidiary must, at the request of the joint planning board, furnish to the joint planning board information or records in the possession or control of the subsidiary as the joint planning board may require in such manner and form as the joint planning board may require.\n\t(2)\tIf the board of management of the subsidiary considers that information or a record furnished under this clause contains matters that should be treated as confidential, the board of management may advise the joint planning board of that opinion giving the reason for the opinion and the joint planning board may, subject to subclause (3), act on that advice as the joint planning board thinks fit.\n\t(3)\tIf the joint planning board is satisfied on the basis of the board of management's advice that the subsidiary owes duty of confidence in respect of a matter, the joint planning board must ensure the observance of that duty in respect of the matter, but this subclause does not prevent a disclosure as required in the proper performance of the functions or duties of the joint planning board.\n13—Reporting\n\t(1)\tA subsidiary must, at the request of the joint planning board, report to the joint planning board on any matter, and on any basis, specified by the joint planning board.\n\t(2)\tA subsidiary must, on or before a day determined by the joint planning board, furnish to the joint planning board a report on the work and operations of the subsidiary for the preceding financial year.\n\t(3)\tA report under subclause (2) must—\n\t(a)\tincorporate the audited financial statements of the subsidiary for the relevant financial year; and\n\t(b)\tcontain any other information or report required by the council or prescribed by the regulations.\n14—Internal audit\n\t(1)\tA subsidiary must establish and maintain effective auditing of its operations.\n\t(2)\tA subsidiary must establish an audit committee.\n\t(3)\tSubject to the regulations, an audit committee will comprise persons determined or approved by the joint planning board.\n\t(4)\tThe functions of an audit committee include—\n\t(a)\treviewing annual financial statements to ensure that they provide a timely and fair view of the state of affairs of the subsidiary; and\n\t(b)\tliaising with external auditors; and\n\t(c)\treviewing the adequacy of the accounting, internal auditing, reporting and other financial management systems and practices of the subsidiary on a regular basis.\n15—Delegations\n\t(1)\tA subsidiary may delegate a function or power conferred on or vested in the subsidiary—\n\t(a)\tto a particular person or body; or\n\t(b)\tto a person for the time being occupying a particular office or position.\n\t(a)\tmay be made subject to conditions or limitations specified in the instrument of delegation; and\n\t(b)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(c)\tis revocable at will and does not derogate from the power of the subsidiary to act in any matter.\n16—Common seal\nA subsidiary must have a common seal and if a document appears to bear the common seal of the subsidiary, it will be presumed in the absence of proof to the contrary that the common seal of the subsidiary was properly affixed to the document.\n17—Liabilities\n\t(1)\tLiabilities incurred or assumed by a subsidiary are guaranteed by the joint planning board.\n\t(2)\tA borrowing of a subsidiary requires the approval of the joint planning board (which may be absolute or conditional).\n18—Winding‑up\n\t(1)\tA subsidiary may be wound up by the Minister acting at the request of the joint planning board.\n\t(2)\tA subsidiary is wound up by the Minister publishing a notice published in the Gazette.\n\t(3)\tAny assets or liabilities of the subsidiary at the time of winding‑up vest in or attach to the joint planning board on the winding‑up.\n","sortOrder":37},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Codes of conduct and professional standards","content":"Schedule 3—Codes of conduct and professional standards\n1—Codes of conduct\n\t(1)\tThe Minister may adopt—\n\t(a)\ta code of conduct to be observed by members of the Commission, a committee established by the Commission under section 29 and a subsidiary established by the Commission under section 30; and\n\t(b)\ta code of conduct to be observed by members of a joint planning board, a committee established by a joint planning board under section 38 and a subsidiary established by a joint planning board under section 39; and\n\t(c)\ta code of conduct to be observed by members of an assessment panel (including a Commission assessment panel established under section 29); and\n\t(d)\ta code of conduct to be observed by accredited professionals; and\n\t(e)\ta code of conduct to be observed by scheme coordinators, or members of committees appointed as scheme coordinators, under Part 13 Division 1; and\n\t(f)\ta code of conduct to be observed by officers of relevant authorities or other agencies who are acting under delegations, or in the performance of statutory functions, under this Act.\n\t(2)\tThe Minister may vary a code of conduct, or adopt a new code of conduct in substitution for an existing code of conduct, in operation under this Schedule.\n\t(3)\tBefore the Minister adopts or varies a code of conduct under this Schedule, the Minister must take reasonable steps to consult with—\n\t(a)\tthe ERD Committee; and\n\t(b)\tthe LGA.\n2—Publication of code\nIf the Minister adopts or varies a code of conduct under this Schedule, the Minster must—\n\t(a)\tpublish a notice of the adoption or variation in the Gazette; and\n\t(b)\tensure that a copy of the code (as adopted or varied) is published on the SA planning portal.\n3—Professional standards and investigations\n\t(1)\tThe regulations may provide for matters relating to—\n\t(a)\tcompliance with a code of conduct; and\n\t(b)\twithout limiting paragraph (a)—the conduct of accredited professionals,\nincluding, for example—\n\t(c)\tmonitoring and auditing the activities undertaken by a person who performs a function under this Act; and\n\t(d)\treceiving or acting on complaints; and\n\t(e)\tthe conduct of investigations, including—\n\t(i)\tby providing for the appointment of an investigator or investigators; and\n\t(ii)\tby requiring that a person provide information or materials, or answer questions; and\n\t(f)\tthe provision of reports and recommendations; and\n\t(g)\tthe taking of disciplinary or other action against a person who—\n\t(i)\thas contravened, or failed to comply with, a code of practice; or\n\t(ii)\tin the case of an accredited professional—has acted in an unprofessional or inappropriate manner, or failed to professionally discharge a responsibility under this Act.\n\t(2)\tIn connection with subclause (1), the regulations may—\n\t(a)\tconfer functions, powers and duties on the Commissioner for Consumer Affairs, or on any other prescribed person or body; and\n\t(b)\tvest jurisdiction in the South Australian Civil and Administrative Tribunal under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(3)\tThe scheme established by subclauses (1) and (2) may—\n\t(a)\tinteract with the accreditation scheme established under Part 6 Division 4; and\n\t(b)\tin vesting jurisdiction in the South Australian Civil and Administrative Tribunal, also vest jurisdiction in the tribunal for the purposes of the scheme referred to in paragraph (a).\n4—Non‑derogation\nNothing in this Schedule limits, or derogates from, the operation of Schedule 4.\n","sortOrder":38},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Performance targets and monitoring","content":"Schedule 4—Performance targets and monitoring\n1—Targets\n\t(1)\tThe Minister may, on the recommendation of the Commission, set performance targets in relation to—\n\t(a)\tany goal, policy or objective under a state planning policy; or\n\t(b)\tany objectives, priorities or targets included in a planning agreement.\n\t(2)\tA target must—\n\t(a)\tset a clear and measurable goal; and\n\t(b)\tspecify a performance measure to enable the monitoring of progress towards achieving the goal and the extent to which the goal is achieved.\n\t(3)\tThe Minister may, from time to time, on the recommendation of the Commission—\n\t(a)\tvary a target; or\n\t(b)\twithdraw a target.\n\t(4)\tThe Commission—\n\t(a)\tmust monitor the extent to which a target is being achieved; and\n\t(b)\tmay publish periodic updates; and\n\t(c)\tunless the target is achieved within an earlier time‑frame, adjusted or withdrawn, review each target at least once in every 5 years.\n2—Monitoring and evaluation of performance and trends\n\t(1)\tThe Commission may, with the approval of the Minister, establish a scheme for the monitoring and evaluation of performance in the exercise of statutory functions under this Act.\n\t(2)\tA scheme under subclause (1) may include—\n\t(a)\tthe collection, retention, analysis and provision of information; and\n\t(b)\tthe provision of returns, reports and information to the Commission; and\n\t(c)\trequirements as to the undertaking of audits and self‑assessments, or requirements to arrange, or submit to, audits by persons who hold specified qualifications; and\n\t(d)\tthe evaluation of performance and the preparation of reports by the Commission; and\n\t(e)\tother matters as the Commission thinks appropriate.\n\t(3)\tThe Commission may, from time to time, with the approval of the Minister, vary or substitute a scheme under subclause (1).\n\t(4)\tThe Commission must include in its annual report information about its assessment of performance and trends under the scheme established under this clause.\n3—Review of performance\n\t(1)\tSubject to subclause (2), if the Minister, after consultation with the Commission, considers that it is appropriate to exercise a power under this clause in relation to a person or body that has performed, or that is responsible to perform, a function under this Act (a designated entity), the Minister may appoint an investigator or investigators to carry out an investigation and to report on the matter.\n\t(2)\tThe Minister must only act under this clause if the Minister has reason to believe that the designated entity has—\n\t(a)\tcontravened or failed to comply with a provision of this Act in a significant respect or to a significant degree; or\n\t(b)\tfailed to efficiently or effectively discharge a responsibility under this Act in a significant respect or to a significant degree.\n\t(3)\tThe Minister must, before making an appointment under subclause (1), give the designated entity an opportunity to explain its actions, and to make submissions (including, if relevant, an indication of undertakings that the designated entity is willing to give in order to take remedial action), to the Minister within a period (being at least 28 days) specified by the Minister.\n\t(4)\tIf the Minister decides to proceed under subclause (1) in relation to a council, the Minister must consult with the President of the LGA with respect to the person or persons to be appointed to carry out the investigation.\n\t(5)\tAn investigator may, for the purposes of an investigation—\n\t(a)\trequire a member or employee of the designated entity, or a public sector employee or council employee assigned or engaged to assist the designated entity, to answer, orally or in writing, questions put by the investigator to the best of his or her knowledge, information and belief;\n\t(b)\trequire a person to whom questions are put under paragraph (a) to verify the answers to those questions by declaration;\n\t(c)\trequire a person to produce for examination by the investigator books, papers or other records relevant to the subject matter of the investigation;\n\t(d)\tretain books, papers or other records produced under paragraph (c) for such reasonable period as the investigator thinks fit and make copies of any of them or of any of their contents.\n\t(6)\tSubject to subclause (9), a person who refuses or fails to comply with a requirement under subclause (5) is guilty of an offence.\n\t(7)\tSubject to subclause (8), a person is not excused from answering a question or from producing books, papers or other records under this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(8)\tHowever, if compliance by a natural person with a requirement to answer a question or to produce a book, paper or other record might tend to incriminate the person or make the person liable to a penalty, then—\n\t(a)\tin the case of a person who is required to produce a book, paper or record, the book, paper or record (as distinct from the contents of the book, paper or record); or\n\t(b)\tin any other case, the answer given in compliance with the requirement,\nis not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n\t(9)\tA person is not obliged to provide information under this clause that is privileged on the ground of legal professional privilege.\n\t(10)\tAt the conclusion of an investigation, the investigator or investigators must present a written report to the Minister on the results of the investigation.\n\t(11)\tThe report may, if the investigator or investigators think fit, include recommendations to the Minister on what action (if any) should be taken in the circumstances.\n\t(12)\tThe Minister must supply the designated entity with a copy of a report presented under subclause (10).\n\t(13)\tThe Minister may, on the basis of a report presented under subclause (10)—\n\t(a)\tmake recommendations to the designated entity; or\n\t(b)\tif the Minister considers that the designated entity has—\n\t(i)\tcontravened or failed to comply with a provision of this Act in a significant respect or to a significant degree; or\n\t(ii)\tfailed to efficiently or effectively discharge a responsibility under this Act in a significant respect or to a significant degree,\ngive directions to the designated entity to rectify the matter, or to take specified action with a view to preventing a recurrence of any act, failure or irregularity.\n\t(14)\tThe Minister must, before taking action under subclause (13), give the designated entity an opportunity to make submissions to the Minister on the report on which the action is based within a period (being at least 28 days) specified by the Minister.\n\t(15)\tIf—\n\t(a)\tthe Minister makes a recommendation to a designated entity under subclause (13)(a); and\n\t(b)\tthe Minister subsequently considers that the designated entity has not, within a reasonable period, taken appropriate action in view of the recommendation,\nthe Minister may, after consultation with the designated entity, give directions to it.\n\t(16)\tA designated entity must comply with a direction under subclause (13) or (15).\n\t(17)\tNo action in defamation lies in respect of the contents of a report under this clause.\n4—Non‑derogation\nNothing in this Schedule limits, or derogates from, the operation of Schedule 3.\n","sortOrder":39},{"sectionNumber":"Sch 4A","sectionType":"schedule","heading":"Designated live music venue area","content":"Schedule 4A—Designated live music venue area\n\n","sortOrder":40},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Regulations","content":"Schedule 5—Regulations\n1\tThe procedures to be followed in relation to an application for any form of development authorisation under this Act (whether by the applicant or any other person or body), and the ability of a relevant authority to lapse an application in prescribed circumstances.\n2\tThe provision of any report, statement, document, plan, drawing, specification, or other form of information to any person or body that performs a function under or pursuant to this Act.\n","sortOrder":41},{"sectionNumber":"3","sectionType":"section","heading":"The giving of public notice and public consultation in relation to any prescribed class of matter.","content":"3\tThe giving of public notice and public consultation in relation to any prescribed class of matter.\n4\tThe form, manner and mode of giving other forms of notice under this Act (including in respect of the service of a notice, document or instrument).\n5\tThe provision of returns, documents and other forms of information to the Minister, the Chief Executive or any other prescribed person or body for the purposes of this Act.\n6\tThe keeping of records, statistics and other information by any person or body that performs a function under or pursuant to this Act and the provision of reports based on that information to the Minister, the Chief Executive or any other prescribed person or body.\n7\tThe giving of notice before any prescribed class of activity or procedure is commenced, and the notification of the occurrence of any prescribed class of event.\n","sortOrder":42},{"sectionNumber":"8","sectionType":"section","heading":"The form and content of any application, certificate, statement or other document required or issued under this Act.","content":"8\tThe form and content of any application, certificate, statement or other document required or issued under this Act.\n9\tThe qualifications or experience that must be held by a person who exercises or performs (or who is to exercise or perform) a prescribed power or function under or in relation to the operation of this Act (including as a member of a panel or other body established under this Act and including by prescribing a range of qualifications or experience that may be taken into account), and the training, examination, registration or accreditation of any person in prescribed circumstances.\n10\tThe regulation, restriction or prohibition of the performance of any function of a prescribed class (including so as to provide that a particular step must be taken by a relevant authority or other body or person within a prescribed period).\n11\tInsurance requirements for prescribed classes of persons in prescribed circumstances.\n12\tThe registration and retention of any application, report, document, plan, specification or other material lodged or provided under this Act.\n13\tThe definition of words and expressions in an instrument under this Act.\n14\tThe classification of various forms of development for the purposes of this Act.\n15\tThe regulation of the design, construction, quality, safety, amenity or upkeep of buildings, including, for example:\n\t(a)\tthe siting of buildings;\n\t(b)\tthe fixing of building lines in relation to public roads or thoroughfares;\n\t(c)\tthe height of buildings;\n\t(d)\tthe minimum height or dimensions of any room or area within buildings;\n\t(e)\tthe fire safety of buildings, and the provision and maintenance of fire-fighting equipment and other precautions;\n\t(f)\tthe heating, cooling and air-conditioning of buildings;\n\t(g)\tthe moisture resistance of buildings;\n\t(h)\tthe prevention of flooding of buildings;\n\t(i)\tthe noise-resistant construction of buildings;\n\t(j)\tthe environmental efficiency of buildings;\n\t(k)\tthe maintenance of buildings;\n\t(l)\tthe health, safety or welfare of the occupants of any building.\n","sortOrder":43},{"sectionNumber":"16","sectionType":"section","heading":"Without limiting any other item, the requirement that—","content":"16\tWithout limiting any other item, the requirement that—\n\t(a)\ta building; or\n\t(b)\tbuilding products, building methods, designs, components, equipment or systems (including systems used in connection with a building); or\n\t(c)\tland used in conjunction with a building; or\n\t(d)\tfixtures, fittings or other items associated with land comprising the site of any building,\ncomply with any requirement relating to the sustainability of a building, or of the occupation or use of a building, from an environmental perspective, including so as to provide efficiencies with respect to the use of water, electricity or other resources or forms of energy, to reduce greenhouse gas emissions or the use of resources or energy, or to provide a rating system to facilitate the assessment of proposed development or to regulate the use or development of any building in accordance with prescribed standards.\n","sortOrder":44},{"sectionNumber":"17","sectionType":"section","heading":"The regulation, control, restriction or prohibition of building work, including, for example:","content":"17\tThe regulation, control, restriction or prohibition of building work, including, for example:\n\t(a)\tthe preparation of land for building work;\n\t(b)\tthe structural strength of building work, products and materials;\n\t(c)\tthe use of public space and other forms of open space for building work;\n\t(d)\tsafety in relation to the performance of building work.\n18\tThe classification of buildings and the application of the regulations to different classes of buildings.\n19\tThe regulation, restriction or prohibition of the occupation of buildings.\n20\tThe restriction or prohibition of building work in prescribed circumstances.\n21\tThe regulation, restriction or prohibition of building work over a public place and the standards to which a building over a public place must conform.\n22\tUtility, safety and hygiene services located in, or related to, buildings.\n23\tThe regulation of projections from buildings and dangers arising from projections from building work.\n24\tAccess to and within buildings, and egress from buildings.\n25\tThe manner of alteration and demolition of, and additions to, buildings.\n26\tThe creation of registers of certificates of occupancy under this Act and other matters relating to such certificates.\n27\tThe inspection or testing of buildings, building work, fixtures, fittings, plant, materials, products, components, equipment or systems.\n28\tThe accreditation of building products, building methods, designs, components, equipment or systems (including the issue of certificates of accreditation in prescribed circumstances).\n","sortOrder":45},{"sectionNumber":"29","sectionType":"section","heading":"The form and content of plans and specifications under this Act.","content":"29\tThe form and content of plans and specifications under this Act.\n30\tThe availability for public inspection of any information or document for the purposes of this Act and the provision of copies of any such information or document to the public (whether on payment of a prescribed fee, on payment of a reasonable fee fixed by an authority of a prescribed class, or without charge).\n31\tThe prescription, and payment, of fees (including differential fees and including fees that relate to any service provided by the Commission, the Chief Executive or the Department), and the recovery of expenses and the distribution of fees between relevant authorities or other entities.\n32\tThe ability of any prescribed class of person or body to remit, reduce, waive or refund a fee payable under this Act.\n33\tThe application of any amount payable under this Act.\n34\tExemptions under this Act.\n35\tThe prescription of time limits for the purposes of this Act.\n36\tThe inspection of any place or work relevant to the assessment of any proposal, application or work under this Act, or to which this Act applies.\n37\tThe provision of a notice to a person or body in prescribed circumstances.\n38\tThe service of any notice or document under this Act.\n39\tThe transfer of development rights between sites.\n40\tThe practices or procedures of assessment panels.\n41\tPractice directions to be observed by accredited professionals.\n42\tThe practice or procedure of the Court when exercising the jurisdiction under this Act.\n43\tThe fees and costs that are payable in respect of proceedings before the Court under this Act.\n44\tThe payment of money into any fund under this Act.\n45\tThe imposition of penalties, not exceeding $10 000, for breaches of the regulations.\n46\tThe fixing of an expiation fee, not exceeding $750, in respect of any offence against this Act or the regulations and the designation of persons who are authorised to give expiation notices.\nSchedule 6—Repeal and certain amendments\n1—Amendment provisions\nIn this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.\nPart 2—Repeal\n2—Repeal\n\t(1)\tThe Development Act 1993 is repealed.\n\t(2)\tThe Governor may, by proclamation, suspend the repeal of a specified provision or specified provisions of the Development Act 1993 until a subsequent day to be fixed by proclamation, or a day to be fixed by subsequent proclamation.\n\t(3)\tFor the purposes of subclause (2), a reference to a provision of the Development Act 1993 extends to a part of a provision (including a definition within a provision).\n","sortOrder":46},{"sectionNumber":"Part 3","sectionType":"part","heading":"Amendment of Character Preservation (Barossa Valley) Act 2012","content":"Part 3—Amendment of Character Preservation (Barossa Valley) Act 2012\n3—Amendment of section 3—Interpretation\n\t(1)\tSection 3(1), definition of development authorisation—delete \"Development Act 1993\" and substitute:\n\t(2)\tSection 3(1), definition of Planning Strategy—delete the definition\n\t(3)\tSection 3(1), definition of relevant authority—delete \"Development Act 1993\" wherever occurring and substitute, in each case:\n\t(4)\tSection 3(2)—delete \"of the Planning Strategy\" and substitute:\nof a state planning policy under the Planning, Development and Infrastructure Act 2016\n4—Amendment of section 4—Interaction with other Acts\nSection 4(2)—delete \"Development Act 1993\" and substitute:\n5—Amendment of section 5—Administration of Act\nSection 5—delete \"Development Act 1993\" and substitute:\n6—Amendment of section 7—Character values of district\nSection 7(2)(b)—delete paragraph (b) and substitute:\n\t(b)\tthe policies to be developed and applied by any state planning policy and the Planning and Design Code under the Planning, Development and Infrastructure Act 2016 in relation to the district.\n7—Amendment of section 8—Limitations on land division in district\n\t(1)\tSection 8—delete \"Development Act 1993\" wherever occurring and substitute, in each case:\n\t(2)\tSection 8—delete \"Development Assessment Commission\" wherever occurring and substitute, in each case:\n\t(3)\tSection 8(7)(c)—delete paragraph (c) and substitute:\n\t(c)\tthe prescribed allotment provisions provide for a larger minimum allotment size than the provisions that would otherwise apply in relation to the proposed development,\n\t(4)\tSection 8(7)—delete \"despite the provisions of the Development Plan\" and substitute:\ndespite the provisions of the Planning and Design Code\n\t(5)\tSection 8(7)—delete \"despite section 53(2)\" and substitute:\nsection 132(2)\n\t(6)\tSection 8(9)—before the definition of prescribed day insert:\nprescribed allotment provisions means the provisions of the Development Plan under the Development Act 1993 relating to the rural area and relating to the minimum size allotments that were in force on the prescribed day (after the commencement of the operation of any amendments to that Development Plan) that were made on that day;\n8—Amendment of section 10—Review of Act\nSection 10(3)(a)—delete \"and any relevant provisions of the Planning Strategy\"\n9—Amendment of section 11—Regulations\nSection 11(2)(a)—delete \"Development Assessment Commission\" and substitute:\nPart 4—Amendment of Character Preservation (McLaren Vale) Act 2012\n10—Amendment of section 3—Interpretation\n\t(1)\tSection 3(1), definition of development authorisation—delete \"Development Act 1993\" and substitute:\n\t(2)\tSection 3(1), definition of Planning Strategy—delete the definition\n\t(3)\tSection 3(1), definition of relevant authority—delete \"Development Act 1993\" wherever occurring and substitute, in each case:\n\t(4)\tSection 3(2)—delete \"of the Planning Strategy\" and substitute:\nof a state planning policy under the Planning, Development and Infrastructure Act 2016\n11—Amendment of section 4—Interaction with other Acts\nSection 4(2)—delete \"Development Act 1993\" and substitute:\n12—Amendment of section 5—Administration of Act\nSection 5—delete \"Development Act 1993\" and substitute:\n13—Amendment of section 7—Character values of district\nSection 7(2)(b)—delete paragraph (b) and substitute:\n\t(b)\tthe policies to be developed and applied by any state planning policy and the Planning and Design Code under the Planning, Development and Infrastructure Act 2016 in relation to the district.\n14—Amendment of section 8—Limitations on land division in district\n\t(1)\tSection 8—delete \"Development Act 1993\" wherever occurring and substitute, in each case:\n\t(2)\tSection 8—delete \"Development Assessment Commission\" wherever occurring and substitute, in each case:\n15—Amendment of section 10—Review of Act\nSection 10(3)(a)—delete \"and any relevant provisions of the Planning Strategy\"\n16—Amendment of section 11—Regulations\nSection 11(2)(a)—delete \"Development Assessment Commission\" and substitute:\nPart 5—Amendment of Environment, Resources and Development Court Act 1993\n17—Amendment of section 21—Principles governing hearings\nSection 21—after subsection (4) insert:\n\t(5)\tWithout limiting a preceding subsection, the Court—\n\t(a)\tmay require evidence or argument to be presented in writing and decide on the matters on which it will hear oral evidence or argument; and\n\t(b)\tmay limit the time available for presenting the respective cases of parties before it at a hearing to an extent that it considers would not impede the fair and adequate presentation of the cases.\n18—Insertion of section 35A\nAfter section 35 insert:\n35A—Electronic hearings and proceedings without hearings\n\t(1)\tIf the Court thinks it appropriate, it may allow the parties and their representatives and any witnesses (or 1 or more of them) to participate in a hearing in any proceedings by means of telephone, video link, or any other system or method of communication.\n\t(2)\tIf the Court thinks it appropriate, it may conduct all or part of any proceedings entirely on the basis of documents without the parties or their representatives or any witnesses attending or participating in a hearing.\n\t(3)\tIf the Court acts under this section, the Court is to take steps to ensure that the public has access to, or is precluded from access to, matters disclosed in the proceedings to the same extent as if the proceedings had been heard before the Court with the attendance in person of all persons involved in the proceedings.\nPart 6—Amendment of Liquor Licensing Act 1997\n19—Insertion of section 11C\nAfter section 11B insert:\n11C—Steps to avoid conflict with planning system\nThe Commissioner should—\n\t(a)\tin the development and implementation of a code of practice; or\n\t(b)\tin the assessment of an application for a licence under this Act; or\n\t(c)\tin the imposition of conditions under this Act,\ntake reasonable steps to avoid any inconsistency with, or the duplication of, matters that are dealt with or addressed under the Planning, Development and Infrastructure Act 2016.\n20—Amendment of section 76—Other rights of intervention\nSection 76—after subsection (2) insert:\n\t(2a)\tA representation under subsection (2) is not to extend to a matter that is dealt with or addressed under the Planning, Development and Infrastructure Act 2016.\nPart 7—Amendment of Local Government Act 1999\n21—Amendment of section 221—Alteration of road\n\t(1)\tSection 221(3)(b)—delete paragraph (b) and substitute:\n\t(b)\tthe alteration is approved as part of a development authorisation under the Planning, Development and Infrastructure Act 2016; or\n\t(2)\tSection 221—after subsection (6) insert:\n\t(7)\tSubsection (3)(b) operates subject to the following qualifications:\n\t(a)\tan accredited professional under the Planning, Development and Infrastructure Act 2016 may only grant an approval under subsection (3)(b) with the concurrence of the council;\n\t(b)\tany other relevant authority under the Planning, Development and Infrastructure Act 2016 may only grant an approval under subsection (3)(b) after consultation with the council.\n\t(8)\tThe requirement to consult under subsection (7)(b) does not extend to an assessment panel appointed by the council.\n22—Amendment of section 222—Permits for business purposes\nSection 222—after subsection (6) insert:\n\t(6a)\tThis section does not apply to the use of a public road approved as part of a development authorisation under the Planning, Development and Infrastructure Act 2016.\n\t(6b)\tSubsection (6a) operates subject to the following qualifications:\n\t(a)\tan accredited professional under the Planning, Development and Infrastructure Act 2016 may only grant an approval under subsection (6a) with the concurrence of the council;\n\t(b)\tany other relevant authority under the Planning, Development and Infrastructure Act 2016 may only grant an approval under subsection (6a) after consultation with the council;\n\t(c)\tan approval to use the public road as envisaged by subsection (6a) will be for a period prescribed by the regulations (and, at the expiration of that period, this section will then apply in relation to the use of the road).\n\t(6c)\tThe requirement to consult under subsection (6b)(b) does not extend to an assessment panel appointed by the relevant council.\n23—Insertion of section 234AA\nAfter section 234 insert:\n234AA—Interaction with processes associated with development authorisations\n\t(1)\tA person who—\n\t(a)\talters a public road; or\n\t(b)\tuses a public road for business purposes,\nas part of a development authorisation under the Planning, Development and Infrastructure Act 2016—\n\t(c)\tmust comply with any design standard or other requirement that applies under the Planning, Development and Infrastructure Act 2016; and\n\t(d)\tis not required to comply with any code of practice or other requirement that applies under this Act to the extent of any inconsistency between—\n\t(i)\tany design standard or other requirement referred to in paragraph (a); and\n\t(ii)\tany code of practice or other requirement that applies under this Act.\n\t(2)\tIf a person to whom section 221(3)(b) or 222(6a) applies considers that an act of a council is unreasonably preventing or delaying the ability of the person to undertake development in accordance with the relevant development authorisation, the person may apply to the ERD Court for a review of the matter.\n\t(3)\tThe ERD Court may, in acting on an application under subsection (2), examine and review the act of the council on such basis as the ERD Court thinks fit.\n\t(4)\tThe ERD Court may, on a review under this section—\n\t(a)\tdismiss the application; or\n\t(b)\tremit the subject matter of the application to the council for further consideration; or\n\t(c)\torder the council to take such action as the ERD Court thinks fit,\nand, in doing so, may make any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.\n\t(5)\tA reference in subsections (2) and (3) to an act includes a reference to an omission.\n\t(6)\tNothing in this section—\n\t(a)\trequires a person to take any other step under this Act before taking action under this section; or\n\t(b)\tlimits the ability of a person from taking action under any other section of this Act.\nERD Court means the Environment, Resources and Development Court.\nPart 8—Amendment of Public Sector Act 2009\n24—Insertion of section 10A\nAfter section 10 insert:\n10A—Agencies to organise activities according to planning regions\n\t(1)\tThe Premier may give directions to public sector agencies requiring them to provide services and infrastructure, undertake planning and organise their activities on the basis of the planning regions established under the Planning, Development and Infrastructure Act 2016.\n\t(2)\tA direction under this section is not binding on a public sector agency to the extent (if any) to which it would impede or affect the performance of a quasi‑judicial or statutorily independent function of the agency.\nPart 9—Amendment of Urban Renewal Act 1995\n25—Amendment of section 5—Functions\nSection 5(d)—delete \"section 37 of the Development Act 1993\" and substitute:\nsection 122 of the Planning, Development and Infrastructure Act 2016\n26—Amendment of section 7C—Functions of URA\nSection 7C(1)(f)—delete \"section 37 of the Development Act 1993\" and substitute:\nsection 122 of the Planning, Development and Infrastructure Act 2016\n27—Amendment of section 7G—Preliminary\n\t(1)\tSection 7G, definition of Development Assessment Commission—delete the definition\n\t(2)\tSection 7G, definition of Planning Minister—delete \"Development Act 1993\" and substitute:\n\t(3)\tSection 7G—after the definition of precinct plan insert:\nState Planning Commission means the State Planning Commission established under the Planning, Development and Infrastructure Act 2016.\n28—Amendment of section 7H—Establishment of precincts\n\t(1)\tSection 7H(1)(d)—delete \"that promotes the purposes of the Planning Strategy\" and substitute:\n, having regard to any relevant provisions of a state planning policy under the Planning, Development and Infrastructure Act 2016\n\t(2)\tSection 7H(3)(b)—delete \"the Planning Strategy\" and substitute:\n\t(3)\tSection 7H(5)—delete \"Development Policy Advisory Committee\" and substitute:\n\t(4)\tSection 7H—delete \"Development Assessment Commission\" wherever occurring and substitute, in each case:\n29—Amendment of section 7I—Precinct plans\n\t(1)\tSection 7I(2)—delete \"the provisions of the Planning Strategy\" and substitute:\n\t(2)\tSection 7I(2)(f)—delete paragraph (f) and substitute:\n\t(f)\tmake provision in relation to any matter which the Planning and Design Code under the Planning, Development and Infrastructure Act 2016 may provide for, including specifying classes of development within the area that will be taken to be deemed‑to‑satisfy development for the purposes of that Act; and\n\t(3)\tSection 7I(2)(g)—delete \"section 50 of the Development Act 1993\" and substitute:\nsection 198 of the Planning, Development and Infrastructure Act 2016\n\t(4)\tSection 7I(4)—delete \"the provisions of the Planning Strategy\" and substitute:\n\t(5)\tSection 7I(5)—delete subsection (5) and substitute:\n\t(5)\tThe precinct authority must, in preparing a precinct plan, have regard to any relevant provisions of the Planning and Design Code.\n\t(6)\tSection 7I(12) and (16)—delete \"Development Assessment Commission\" wherever occurring and substitute, in each case:\n\t(7)\tSection 7I(14)—delete subsection (14) and substitute:\n\t(14)\tSection 74 of the Planning, Development and Infrastructure Act 2016 applies to the adoption or amendment of a precinct master plan as if references in that section to an approval or amendment of a designated instrument under Part 5 of that Act were references to the adoption or amendment of a precinct master plan under this section.\n30—Amendment of section 7J—Certain matters to apply for the purposes of the Planning, Development and Infrastructure Act 2016\n\t(1)\tSection 7J(1)—delete subsection (1) and substitute:\n\t(1)\tA relevant authority within the meaning of the Planning, Development and Infrastructure Act 2016 must accept that—\n\t(a)\ta proposed development in a precinct is deemed‑to‑satisfy development for the purposes of that Act to the extent that the development is certified by the precinct authority as being deemed‑to‑satisfy development under section 7I(2)(f) of this Act; and\n\t(b)\ta proposed division of land in a precinct satisfies the conditions specified in section 102(1)(c) or (d) of the Planning, Development and Infrastructure Act 2016 to the extent that such satisfaction is certified by the precinct authority.\n\t(2)\tSection 7J(3)—delete \"Development Assessment Commission under section 50 of the Development Act 1993\" and substitute:\nState Planning Commission under section 198 of the Planning, Development and Infrastructure Act 2016\n\t(3)\tSection 7J(4)(a)—delete \"Development Act 1993\" and substitute:\n","sortOrder":47},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 8—Transitional provisions\nIn this Schedule—\ndesignated day means a day appointed by proclamation as the designated day for the purposes of the provision in which the term is used;\nDevelopment Plan means a Development Plan under the repealed Act;\nDPA means a Development Plan Amendment under section 25 of the repealed Act;\nearlier Act means—\n\t(a)\tthe Planning Act 1982; and\n\t(b)\tthe City of Adelaide Development Control Act 1976; and\n\t(c)\tthe Building Act 1971; and\n\t(d)\tthe Planning and Development Act 1966; and\n\t(e)\tthe Town Planning Act 1929.\n2—Saving of operation\n\t(1)\tTo the extent that a provision of the repealed Act that has been repealed under this Act remains relevant to the operation of this Schedule, the provision may be taken to continue to operate for the purposes of this Schedule despite its repeal.\n\t(2)\tHowever, a provision to which subclause (1) applies will operate subject to this Schedule insofar as this Schedule modifies or otherwise affects the operation of the provision.\nPart 2—Definitions and change of use\n3—Definitions\n\t(1)\tThe definition of development authorisation in section 3(1) of this Act will be taken to include a development authorisation under the repealed Act or an approval or authorisation under an earlier Act (and a reference in this Act to a development authorisation under this Act will be taken to include a reference to an approval or authorisation under the repealed Act or an earlier Act).\n\t(2)\tThe definition of Planning Rules in section 3(1) of this Act will be taken to include a reference to the provisions of a Development Plan that may still be in force at the relevant time.\n4—Change of use of land\n\t(1)\tA period of non-use under section 4(1)(b) of this Act extends to a period commenced before the designated day.\n\t(2)\tAn increase in the intensity of the use of land referred to in section 4(1)(d) of this Act relates to an increase that commences on or after the designated day.\n\t(3)\tFor the purposes of the revival of a use of land after a period of discontinuance, the period of 12 months referred to in section 4(2)(a) of this Act will be taken to be extended to a period of 2 years in relation to a period of discontinuance that commenced before the designated day.\n\t(4)\tA declaration in force under section 6(2)(c) of the repealed Act immediately before the designated day will have effect for the purposes of section 4(2) of this Act and, in connection with this provision, section 6(3) of the repealed Act will continue to apply as if—\n\t(a)\ta reference to the Development Assessment Commission included a reference to the State Planning Commission; and\n\t(b)\ta reference to a relevant Development Plan included a reference to the Planning and Design Code.\n\t(5)\tSection 6(4) and (5) of the repealed Act continue to apply to a notice issued under section 6(3) of that Act before the designated day.\n\t(6)\tSection 4(3) of this Act extends to a period of discontinuance of use commenced before the designated day.\n\t(7)\tFor the purposes of section 4(4) (but subject to subclauses (8) and (9)), any period of cessation of an activity occurring before the designated day will be disregarded (and in the case of such a cessation of an activity the relevant period for the purposes of section 4(4)(b) will be taken to run, and will be calculated, from the designated day).\n\t(8)\tSubject to subclause (9), section 4(4) and (5) of this Act will apply as if it formed a part of the repealed Act, and before the designated day under a preceding subclause and before being brought into operation by proclamation under this Act, if the Governor, by proclamation under this subclause, declares that section 4(4) and (5) will apply in relation to an area identified in the proclamation.\n\t(9)\tIn connection with subclause (8)—\n\t(a)\tthe Governor may make a series of proclamations between the commencement of that subclause and the designated day under a preceding subclause; and\n\t(b)\tif the Governor makes a proclamation in relation to an identified area, section 4(4) and (5) will apply in relation to that area (and any regulation made under section 4(5) will also apply); and\n\t(c)\tsection 4(4) will not extend to a period of cessation of an activity in an identified area occurring before the day on which the Governor makes the relevant proclamation under that subclause (but in the case of such a cessation of an activity the relevant period for the purposes of section 4(4)(b) will be taken to run, and will be calculated, from the day on which the proclamation is made); and\n\t(d)\ta reference in section 4(4)(b)(ii) of this Act to the Planning and Design Code will be taken to include a reference to a Development Plan that applies in relation to an identified area.\nPart 3—Commission and preliminary structural reforms\nDivision 1—Commission\n5—Establishment of Commission\n\t(1)\tSubject to subclause (2), the following provisions of this Act will come into operation on 1 April 2017:\n\t(a)\tsections 12 to 14 (inclusive);\n\t(b)\tsections 17 to 34 (inclusive);\n\t(c)\tsection 233;\n\t(d)\tsection 236;\n\t(e)\tsection 245;\n\t(f)\tSchedule 1;\n\t(g)\tclauses 1(1)(a), (2) and (3) and 2 of Schedule 3.\n\t(2)\tThe Governor may, by proclamation made before 1 April 2017, fix a different day (being before or after 1 April 2017) for the commencement of the provisions referred to in subclause (1) (and then the day so fixed by proclamation will apply instead of the day under subclause (1)).\n\t(3)\tThe functions of the Commission under the following provisions of this Act will commence on the day on which the Commission is established under subclause (1) or (2):\n\t(a)\tsection 16;\n\t(b)\tsections 42 to 47 (inclusive);\n\t(c)\tPart 13;\n\t(d)\tany other provision specified by a proclamation made for the purposes of this subclause.\n\t(4)\tIn connection with subclause (3)—\n\t(a)\ta provision to which that subclause applies will commence on the day on which the Commission is established under subclause (1) or (2); and\n\t(b)\tthe Commission has a period of 6 months within which to establish the first Community Engagement Charter under section 44; and\n\t(c)\tin the case of a provision specified in a proclamation under subclause (3)(d), the provision will, if the proclamation so provides, apply as if it formed part of the repealed Act; and\n\t(d)\twithout limiting any other provision of this Schedule, the regulations may make provision of a saving or transitional nature on account of the commencement of any provision to which subclause (3) applies.\n\t(5)\tThe commencement and operation of Part 13 Division 1 Subdivision 3 will be determined and have effect subject to the operation of section 245 and Part 9 of this Schedule.\n\t(6)\tFor the purposes of section 245, this Act will be taken to have commenced on the date on which the Commission is established under subclause (1) or (2).\n6—Commission authorised to assume functions under the repealed Act\n\t(1)\tOn and after the designated day, the State Planning Commission will assume the functions, powers and duties of a designated entity under the repealed Act (including the repealed Act as it applies subject to the operation of this Schedule).\n\t(2)\tOn the designated day—\n\t(a)\ta designated entity is dissolved by force of this subclause; and\n\t(b)\ta person holding office as a member of a designated entity will cease to hold that office (and no right of action arises and no compensation is payable in respect of the appointment to that office coming to an end).\n\t(3)\tOn and after the designated day, a reference in any Act, statutory instrument or other instrument or document to a designated entity will, unless the context otherwise requires, be taken to be a reference to the State Planning Commission.\n\t(4)\tAny proceedings before, or being conducted by, a designated entity immediately before the designated day will, subject to any directions of the State Planning Commission, be transferred to the Commission where they may proceed as if they had been commenced before, or by, the Commission.\n\t(5)\tThe State Planning Commission may—\n\t(a)\tadopt any findings or determinations of a designated entity that may be relevant to the proceedings of the Commission; and\n\t(b)\tadopt or make any decision (including a decision in the nature of a determination), direction or order in relation to any proceedings before, or being conducted by, a designated entity before the designated day; and\n\t(c)\treceive in evidence any transcript of evidence in proceedings before, or being conducted by, a designated entity before the designated day and draw any conclusions of fact from that evidence that appear proper; and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition on account of the transfer of functions, powers and duties under this clause.\n\t(6)\tThe State Planning Commission must delegate any functions or powers as a relevant authority with respect to determining whether or not to grant development plan consent under the repealed Act that the Commission acquires by operation of this clause—\n\t(a)\tto 1 or more committees established by the Commission; or\n\t(b)\tto a person for the time being occupying a particular office or position.\n\t(7)\tIn this clause—\n\t(a)\tthe Development Assessment Commission under the repealed Act; and\n\t(b)\tthe Building Rules Assessment Commission under the repealed Act; and\n\t(c)\tthe Development Policy Advisory Committee under the repealed Act.\nDivision 2—Regions\n7—Regions\n\t(1)\tIf a planning region is created by proclamation under section 5(1)(a) of this Act—\n\t(a)\ta regional plan under section 64 need not be prepared and adopted in accordance with the requirements of this Act until the expiration of—\n\t(i)\t24 months from the day on which the planning region is constituted; or\n\t(ii)\tif the proclamation constituting the planning region provides for a longer period—that longer period; and\n\t(b)\tuntil a regional plan is so prepared and adopted, a regional plan prepared or adopted for the purposes of the repealed Act and identified by the State Planning Commission for the purposes of this provision will apply in relation to the area constituting the planning region as if it were a regional plan under this Act (without the need to be consistent with the requirements of section 64).\n\t(2)\tTo avoid doubt, a plan applying under subclause (1)(b) may be amended as a designated instrument under Part 5 Division 2 Subdivision 5 of this Act.\nDivision 3—Preserving existing authorisations and rights\n8—Preserving existing authorisations and rights\n\t(1)\tSubject to this clause, section 7(5) of this Act does not apply in relation to a proposed development in an environment and food production area that involves a division of land that would create 1 or more additional allotments—\n\t(a)\tif—\n\t(i)\ta development authorisation for the division of the land was granted under section 33(1)(c) or (d) of the repealed Act before the designated day; and\n\t(ii)\tthat development authorisation has not lapsed under subclause (2); or\n\t(i)\tthe division of the land was granted a development plan consent under section 33(1)(a) of the repealed Act before the designated day; and\n\t(ii)\tthe development authorisation for the division of the land required under section 33(1)(c) or (d) of the repealed Act is granted before the expiration of the designated transitional period; and\n\t(iii)\tthe development authorisation under subparagraph (ii) has not lapsed under subclause (2).\n\t(2)\tA development authorisation for the division of land referred to in subclause (1)(a)(ii) or (b)(iii) will lapse at the expiration of the designated transitional period unless an application for the division of the land under and in accordance with the development authorisation has been lodged with the Registrar-General under Part 19AB of the Real Property Act 1886 before that expiration.\n\t(3)\tSubclause (1) does not apply in relation to land that is within a character preservation area that is taken to be an environment and food production area under section 7(4).\n\t(4)\tIn this clause—\ndesignated transitional period means the period of 2 years commencing on the designated day.\nPart 4—Planning instruments\n9—Planning and Design Code\n\t(1)\tThe Planning and Design Code is not required to provide for all of the matters referred to in section 66(2) until the designated day.\n\t(2)\tUntil the designated day, a Development Plan under the repealed Act (as in force at a relevant time) will have effect for the purposes of this Act as if it formed part of the Planning and Design Code (subject to the operation of this clause).\n\t(3)\tIf the Minister considers that a Development Plan should be amended, including by the removal or alteration of material in the Development Plan—\n\t(a)\tbecause of provision made by the Planning and Design Code; or\n\t(b)\tbecause of an inconsistency between the Development Plan and the Planning and Design Code,\nthe Minister may make the amendment in such manner as the Minister thinks fit.\n\t(4)\tThe Minister must give notice of an amendment under subclause (3) in such manner as the Minister thinks fit.\n\t(5)\tAn amendment under subclause (3) will have effect from a day stated in the notice of the amendment (and will have effect for the purposes of this Act, and for the purposes of the repealed Act as if it had been made under that Act (and without the need to take any other step under that Act)).\n\t(6)\tIn addition (and without limiting subclause (3)), until the designated day, a Development Plan may continue to be amended under Part 3 Division 2 Subdivision 2 of the repealed Act but subject to the following qualifications:\n\t(a)\ta council must not commence the process under section 25 of the repealed Act without the approval of the Minister;\n\t(b)\tsections 25, 26 and 28 of the repealed Act will apply subject to any modifications made by the regulations for the purposes of this subclause;\n\t(c)\twithout limiting paragraph (b), the Minister may require that a DPA under the repealed Act that is under consideration under section 25 of the repealed Act on the designated day be divided into 2 or more parts so that those parts will be dealt with separately under the repealed Act and, in so doing, may direct that 1 or more parts not proceed any further (and any such direction will have effect accordingly);\n\t(d)\tsections 27 and 29 of the repealed Act will continue to apply.\n\t(7)\tWithout limiting a preceding subclause, the Minister may, by notice in the Gazette, revoke a Development Plan if or when the Minister considers that the Development Plan is no longer required or appropriate for the purposes of this Act (and, if relevant, for the purposes of the repealed Act).\n\t(8)\tA reference in any other Act (other than the repealed Act), regulation, rule or by-law to a Development Plan will, unless the context otherwise requires, be taken to include a reference to the Planning and Design Code.\n10—Local heritage\n\t(1)\tOn the designated day, a place designated as a place of local heritage value under the repealed Act immediately before the designated day will be taken to be designated as a place of local heritage value by the Planning and Design Code.\n\t(2)\tThe Minister may, by notice in the Gazette, amend the Planning and Design Code in order to include a place of local heritage value in the Planning and Design Code by virtue of the operation of subclause (1).\n\t(3)\tSubclauses (1) and (2) do not limit the ability to make a later amendment to the Planning and Design Code in relation to a place to which subclause (1) applies.\n\t(4)\tSection 202(1)(a) does not apply to or in relation to the designation of a place as a place of local heritage value under this Act by operation of subclause (1) or on account of the inclusion of a place of local heritage value in the Planning and Design Code under subclause (2).\n11—Significant trees\n\t(1)\tOn the designated day, a significant tree by virtue of the operation of a Development Plan under the repealed Act immediately before the designated day will be taken to be a significant tree under the Planning and Design Code.\n\t(2)\tThe Minister may, by notice in the Gazette, amend the Planning and Design Code in order to include a tree, or a stand of trees, in the Planning and Design Code by virtue of the operation of subclause (1).\n\t(3)\tSubclauses (1) and (2) do not limit the ability to make a later amendment to the Planning and Design Code in relation to a tree to which subclause (1) applies.\nPart 5—Relevant authorities\n12—General transitional scheme for panels\n\t(1)\tOn and after the designated day, a reference in the repealed Act to a council's development assessment panel will, subject to subclause (3), be taken to be a reference to an assessment panel appointed by the council under this Act.\n\t(2)\tIn connection with the operation of subclause (1), on and after the designated day—\n\t(a)\tsection 83 of this Act, insofar as it applies to a council as a designated authority, will apply for the purposes of the repealed Act as if it formed part of the repealed Act; and\n\t(b)\tsection 56A of the repealed Act will not apply so as to require a council to establish a council development assessment panel but—\n\t(i)\ta council otherwise required to establish such a panel under that section will be required to establish 1 or more assessment panels under paragraph (a) instead; and\n\t(ii)\tthe functions of the assessment panel established under this clause will be to act as a delegate of the council for the purposes of the repealed Act.\n\t(3)\tIf a council does not appoint an assessment panel envisaged by subclause (1), the Minister may, after consultation with the Commission, constitute a local assessment panel under this subclause.\n\t(4)\tIf the Minister acts under subclause (3)—\n\t(a)\tsection 84 of this Act, insofar as it applies to a local assessment panel, other than section 84(1)(d), will apply for the purposes of the repealed Act as if it formed part of the repealed Act; and\n\t(b)\tthe local assessment panel will act as a delegate of the council as a relevant authority under the repealed Act as if it had received a delegation from the council to the extent determined by the Minister; and\n\t(c)\ta reference in the repealed Act to a council's development assessment panel (insofar as it relates to the council) will be taken to be a reference to the local assessment panel.\n\t(5)\tIn connection with the operation of the preceding subclauses, section 85 of this Act will extend to a matter that an assessment panel under this clause must assess under the repealed Act.\n\t(6)\tWithout limiting any provision made under Schedule 5, the regulations under this Act may make provision with respect to the practices or procedures of assessment panels acting under this clause for the purposes of the repealed Act.\n\t(7)\tAn assessment panel acting under this clause may—\n\t(a)\tadopt any findings or determinations of a council development assessment panel under the repealed Act that may be relevant to an application made before the relevant day under the repealed Act; and\n\t(b)\tadopt or make any decision (including a decision in the nature of a determination), direction or order in relation to an application made before the relevant day under the repealed Act; and\n\t(c)\tdeal with any matter that is subject to a reserved decision under the repealed Act before the relevant day; and\n\t(d)\tdeal with any requirement or grant any variation imposed or proposed in connection with an application made before the relevant day under the repealed Act; and\n\t(e)\tdeal with any requirement or grant any variation imposed or proposed in connection with an application made before the relevant day under the repealed Act.\n\t(8)\tIn this clause—\nrelevant day, in relation to an assessment panel, means the day on which the assessment panel is appointed or constituted under this clause.\n13—Regional assessment panels\n\t(1)\tOn and after the designated day, the Minister may constitute a regional assessment panel under this Act—\n\t(a)\tas the successor of a regional development assessment panel constituted under the repealed Act; or\n\t(b)\tin response to a request by 2 or more councils to constitute a regional assessment panel in relation to their combined areas.\n\t(2)\tIf the Minister acts under subclause (1)—\n\t(a)\tsection 84 of this Act, insofar as it relates to regional assessment panels, other than section 84(1)(c)(ii), will apply for the purposes of the repealed Act as if it formed part of the repealed Act; and\n\t(b)\ta reference in the repealed Act to a regional development assessment panel will be taken to be a reference to the regional assessment panel under this clause.\n\t(3)\tIn connection with the operation of the preceding subclauses, section 85 of this Act will extend to a matter that a regional assessment panel under this clause must assess under the repealed Act.\n\t(4)\tWithout limiting any provision made under Schedule 5, the regulations under this Act may make provision with respect to the practices or procedures of regional assessment panels acting under this clause for the purposes of the repealed Act.\n\t(5)\tA regional assessment panel acting under this clause may—\n\t(a)\tadopt any findings or determinations of a council development assessment panel or a regional development assessment panel under the repealed Act that may be relevant to an application made before the relevant day under the repealed Act; and\n\t(b)\tadopt or make any decision (including a decision in the nature of a determination), direction or order in relation to an application made before the relevant day under the repealed Act; and\n\t(c)\tdeal with any matter that is subject to a reserved decision under the repealed Act before the relevant day; and\n\t(d)\tdeal with any requirement or grant any variation imposed or proposed in connection with an application made before the relevant day under the repealed Act; and\n\t(e)\tdeal with any requirement or grant any variation imposed or proposed in connection with an application made before the relevant day under the repealed Act.\n\t(6)\tIn this clause—\nrelevant day, in relation to a regional assessment panel, means the day on which the regional assessment panel is constituted under this clause.\n14—Assessment managers\n\t(1)\tEach assessment panel acting under this Part must have an assessment manager appointed under section 87 of this Act (and insofar as that section is relevant to the operations of an assessment panel, the section will be taken to apply, on and from the designated day, for the purposes of the repealed Act as if it formed part of that Act).\n\t(2)\tAn assessment manager may, from the designated day, act as a delegate of a council or other relevant authority for the purposes of the repealed Act (including for the purposes of section 34(23)(b) of the repealed Act).\n15—References\n\t(1)\tOn and after the designated day, a reference in any Act, statutory instrument or other instrument or document to a relevant entity under the repealed Act will, unless the context otherwise requires, be taken to be a reference to a relevant authority under this Act (including, if relevant, an assessment panel that has been constituted under this Part).\n\t(2)\tFor the purposes of subclause (1)—\n\t(a)\tthe Governor may appoint different designated days in relation to different relevant entities under the repealed Act; and\n\t(b)\tin view of the operation of paragraph (a), may make 2 or more proclamations in relation to different relevant entities under the repealed Act at such times as the Governor thinks fit.\n\t(3)\tIn this clause—\nrelevant entity means—\n\t(a)\ta council development assessment panel under the repealed Act; or\n\t(b)\ta relevant authority under the repealed Act.\n16—Accredited professionals\nThe requirement to be an accredited professional under Part 6 Division 1, 2 or 3 of this Act does not apply until the designated day.\n17—Removal etc of private certifier\nSection 96 of the repealed Act continues to apply to and in relation to an engagement entered into before the designated day despite the repeal of that section by this Act.\nPart 6—Existing applications\n18—Continuation of processes\n\t(1)\tExcept as otherwise provided by this Schedule, an application made to a relevant authority under section 39 of the repealed Act that has not been finally determined before the designated day may be continued and completed under the provisions of the repealed Act, except that the relevant authority for the purposes of the application will be, from the designated day, a relevant authority under this Act determined in accordance with a scheme prescribed by the regulations.\n\t(2)\tA relevant authority under this Act acting under subclause (1) may—\n\t(a)\tadopt any findings or determinations of a relevant authority under the repealed Act that may be relevant to an application to which that subclause applies; and\n\t(b)\tadopt or make any decision (including a decision in the nature of a determination), direction or order in relation to an application to which that subclause applies; and\n\t(c)\tdeal with any matter that is subject to a reserved decision under the repealed Act before the designated day; and\n\t(d)\tdeal with any requirement or grant any variation imposed or proposed in connection with an application to which that subclause applies; and\n\t(e)\ttake any other step or make any other determination authorised by the regulations, or that is reasonably necessary to promote or ensure a smooth transition on account of the transfer of functions, powers or duties under this clause.\n\t(3)\tNothing in subclause (1) or (2) limits or affects the operation of Part 5 of this Schedule to the extent that an assessment panel under this Act is already acting under the repealed Act by virtue of the operation of the provisions of that Part.\n\t(4)\tA notice of a decision on an application to which this clause applies will be in the form that applies under section 126 of this Act rather than the form that applies under section 40 of the repealed Act.\n\t(5)\tDespite subclauses (1) and (2), section 127 of this Act will apply in relation to an application to which this clause applies rather than section 42 of the repealed Act.\n\t(6)\tA decision on an application to which this clause applies will, once given under the preceding subclauses, be taken to be a decision given under this Act (and this Act will apply in relation to the relevant development authorisation subject to any provision made by this Schedule).\n\t(7)\tTo avoid doubt, section 125 of this Act, insofar as it provides for a deemed consent notice or a deemed planning consent, does not apply in relation to an application to which this clause applies.\n19—Appeals\nTo avoid doubt, a right of appeal under sections 38 and 86(1)(b) of the repealed Act may be exercised in relation to an application made to a relevant authority under section 39 of the repealed Act that has not been finally determined before the designated day even if the process under section 38 of the repealed Act had not been commenced (or completed) before the designated day.\n20—Major development or projects\n\t(1)\tThe repealed Act will continue to apply to and in relation to a proposed development or project that is the subject of a declaration under section 46 of the repealed Act before the designated day (and that has not been the subject of a decision of the Governor under section 48 of the repealed Act before the designated day) except that section 48 of the repealed Act will, on and after the designated day, apply as if a reference to the Governor were a reference to the Minister.\n\t(2)\tA decision of the Minister in relation to a development or project under subclause (1) that is made on or after the designated day will have effect as if it were a decision of the Minister under section 115 of this Act.\n21—Crown and infrastructure development\n\t(1)\tExcept as otherwise provided by this Schedule, an application lodged under section 49 or 49A of the repealed Act that has not been finally determined before the designated day may be continued and completed under the provisions of the repealed Act.\n\t(2)\tA decision on an application to which this clause applies will, once given under subclause (1), be taken to be a decision given under this Act (and this Act will apply in relation to the relevant development authorisation subject to any provision made by this Schedule).\n\t(3)\tSection 131(29) of this Act does not apply to or in relation to a regulation made under section 131(28)(b) of this Act if the Governor, at the time the regulation is made, declares that the Governor is satisfied that the regulation is the same as, or substantially the same as, the regulation applying under section 49(19)(b) of the repealed Act immediately before the regulation under the repealed Act is revoked and substituted by the regulation under this Act.\n22—Building work\n\t(1)\tSubject to subclause (2), section 139 of this Act will extend to a development approval given before the designated day.\n\t(2)\tSubclause (1) does not apply if a notice relating to the relevant building work has been served on the owner of the affected site under section 60 of the repealed Act before the designated day.\n\t(3)\tIn a case applying under subclause (2), section 60 of the repealed Act will continue to apply in such a case until the matter has been finally determined under the repealed Act.\n\t(4)\tSection 140 of this Act will extend to building work in relation to which a development approval has been given before the designated day.\n\t(5)\tTo avoid doubt, nothing in this Act affects the operation of a notice given under section 61 of the repealed Act before the designated day or any right under section 62, 63 or 64 of the repealed Act insofar as those sections relate to any action commenced or completed before the relevant day.\nPart 7—Development Plans relevant to assessments under this Act\n23—Application of Part\nThis Part applies to and in relation to an application for planning consent made under this Act after the designated day if the provisions of a Development Plan are still relevant to the assessment of that application.\n24—Complying development\nIf proposed development that is the subject of an application to which this Part applies is of a kind described as complying development under the Development Plan, the development will be taken to be classified as deemed-to-satisfy development under this Act.\n25—Non-complying development\n\t(1)\tIf proposed development that is the subject of an application to which this Part applies is of a kind described as non-complying development under the Development Plan—\n\t(a)\tthe development will be taken to be classified as restricted development; but\n\t(b)\tunless the proposed development is within the ambit of section 94(1) (other than paragraph (d) of section 94(1))—the relevant authority in relation to the development will be taken to be the assessment panel appointed by the council in respect of the area where the development is to be undertaken.\n\t(2)\tIn a case where an assessment panel is a relevant authority by virtue of the operation of subclause (1)(b)—\n\t(a)\tthe assessment panel must comply with the practice direction published under section 109(1)(a) and the requirement of section 109(2)(a); and\n\t(b)\tany reference in section 110 to the State Planning Commission will be taken to include a reference to the assessment panel; and\n\t(c)\tthe assessment panel must comply with any other practice direction published by the Commission in relation to the operation of this clause.\n\t(3)\tThis clause does not apply to or in relation to any proposed development that is classified or declared to be impact assessed development under Part 7 Division 2 Subdivision 4 of this Act.\n\t(4)\tThis clause expires on the designated day.\n\t(5)\tAn application being considered by an assessment panel under this clause on the designated day may be continued and completed by the State Planning Commission as a relevant authority on and after that date.\n\t(6)\tThe State Planning Commission acting under subclause (5) may—\n\t(a)\tadopt any findings or determinations of an assessment panel that may be relevant to an application to which that subclause applies; and\n\t(b)\tadopt or make any decision (including a decision in the nature of a determination), direction or order in relation to an application to which that subclause applies; and\n\t(c)\tdeal with any matter that is subject to a reserved decision before the designated day; and\n\t(d)\tdeal with any requirement or grant any variation imposed or proposed in connection with an application to which that subclause applies; and\n\t(e)\ttake any other step or make any other determination authorised by the regulations, or that is reasonably necessary to promote or ensure a smooth transition on account of the transfer of functions, powers or duties under this clause.\n26—Merit development\nIf proposed development that is the subject of an application to which this Part applies is merit development under the Development Plan, the development will be taken to be development to be assessed on its merit under this Act.\nPart 8—Building activity and use\n27—Classification and occupation of buildings\nPart 11 Division 4 of this Act does not apply to or in relation to a building owned or occupied by the Crown (or an agency or instrumentality of the Crown), or to any building work carried out by the Crown (or by an agency, instrumentality, officer or employee of the Crown), before the designated day.\n28—Swimming pool safety\n\t(1)\tOn the designated day—\n\t(a)\tsection 71AA of the repealed Act is repealed by force of this section; and\n\t(b)\tsection 156 of this Act will commence applying in relation to any swimming pool.\n\t(2)\tOn and from the designated day, to the extent that—\n\t(a)\tdevelopment under the repealed Act includes the construction or installation of, or other work associated with, a swimming pool or any swimming pool safety features; and\n\t(b)\tsuch development is still assessed under the repealed Act,\nsection 156 of this Act will, in applying under subclause (1)(b), be taken to form part of the repealed Act.\n29—Fire safety\nSection 157 of this Act does not apply to or in relation to a building owned or occupied by the Crown (or an agency or instrumentality of the Crown) immediately before the designated day (unless or until the building is no longer so owned or occupied).\nPart 9—Infrastructure frameworks\nDivision 1—Pilot schemes may be authorised\n30—General schemes\n\t(1)\tThis clause applies despite section 245(6).\n\t(2)\tThe Minister may, by notice in the Gazette, declare that a scheme described in the notice may be initiated under Part 13 Division 1 Subdivision 3 (although that Subdivision is not in operation at the time of the declaration).\n\t(3)\tThe Minister may only make a declaration under subclause (2) in relation to a scheme if—\n\t(a)\tthe Minister is acting at the request of a person or body interested in the provision or delivery of infrastructure; and\n\t(b)\tthe Minister considers that the scheme is suitable to act as a pilot scheme for the purposes of Part 13 Division 1 Subdivision 3.\n\t(4)\tThe Minister may, by further notice in the Gazette, vary a notice under subclause (2) in order to reflect changes to a scheme described in a notice (provided that the essential nature of the scheme is not changed).\n\t(5)\tA declaration under subclause (2) has effect by force of this clause (and Part 13 Division 1 Subdivision 3 will operate for the purposes of the relevant scheme).\n\t(6)\tIf a declaration is made under subclause (2)—\n\t(a)\tthe Minister must, within 6 sitting days after the declaration is made—\n\t(i)\tprepare a report on the making of the declaration, including in the report an outline of the scheme; and\n\t(ii)\tcause copies of the report to be laid before both Houses of Parliament; and\n\t(b)\tthe Commission must, in preparing its report for the purposes of section 245(4), include a specific section in the report that relates to the scheme undertaken as a result of the declaration.\nDivision 2—Operation of schemes during transitional period\n31—Operation of schemes during transitional period\n\t(1)\tThis clause applies in relation to—\n\t(a)\ta scheme in relation to the provision of infrastructure initiated under Part 13 Division 1 of this Act; or\n\t(b)\ta scheme initiated under Division 1 of this Part.\n\t(2)\tThis clause applies during the designated transitional period.\n\t(3)\tTo avoid doubt, during the designated transitional period, a reference in Part 13 of this Act to changes to the Planning and Design Code will be taken to include a reference to changes in a Development Plan under the repealed Act.\n\t(4)\tIn this clause—\ndesignated transitional period means the period commencing on the commencement of this clause and expiring on the designated day.\nPart 10—Land management agreements\n32—Land management agreements\n\t(1)\tA council must, in relation to any land management agreement to which the council is a party in force under Part 5 of the repealed Act immediately before the designated day, furnish a copy of that agreement to the Minister within the period of 3 months after the designated day.\n\t(2)\tAn agreement in force under Part 5 of the repealed Act immediately before the designated day will be taken to be an agreement under the corresponding provision of this Act (and will have the same force and effect as it had immediately before the designated day).\nPart 11—Funds\n33—Funds\n\t(1)\tA carparking fund in existence under section 50A of the repealed Act immediately before the designated day will continue as a fund under section 197 of this Act.\n\t(2)\tIn connection with the operation of subclause (1)—\n\t(a)\tit is unnecessary for the fund to form part of a scheme established under section 197 of this Act; and\n\t(b)\tinsofar as may be relevant, any provision made by a Development Plan under the repealed Act can continue to apply in relation to the fund.\n\t(3)\tAn urban trees fund in existence under section 50B of the repealed Act immediately before the designated day will continue as an urban trees fund under section 200 of this Act (and will apply in relation to the area for which it was established).\nPart 12—Proceedings to gain a commercial competitive advantage\n34—Proceedings to gain a commercial competitive advantage\nA reference in section 207 of this Act to the Planning and Design Code, or to the amendment of the Planning and Design Code, will be taken to include a reference to a Development Plan under the repealed Act, or to the amendment of a Development Plan under the repealed Act (whether the amendment is effected under the repealed Act or this Act).\n","sortOrder":48},{"sectionNumber":"Part 13","sectionType":"part","heading":"Authorised officers","content":"Part 13—Authorised officers\n35—Authorised officers\nA person who, immediately before the designated day, held an appointment as an authorised officer under the repealed Act will be taken to have been appointed as an authorised officer under section 210 of this Act (and will hold that office subject to the other provisions of this Act on the conditions that applied in relation to the authorised officer immediately before the designated day).\nPart 14—Advisory committees\n36—Advisory committees\nA committee established under section 244 will be dissolved by force of this clause on 30 June 2019 (and no further committees need be established under that section after that date).\nPart 15—Other matters\n37—Proclamation of open space\nA proclamation made under section 62 of the Planning Act 1982 (or made under section 61 of the Planning and Development Act 1966 or section 29 of the Town Planning Act 1929) will continue in force and effect as if the Planning Act 1982 had not been repealed (and that Act will be taken to continue to apply in relation to any such proclamation).\n38—Metropolitan Adelaide\nOn and after the designated day, a reference in any Act or statutory instrument to Metropolitan Adelaide within the meaning of the Development Act 1993 will, unless the context otherwise requires, be taken to be a reference to Metropolitan Adelaide as defined by that Act immediately before the designated day.\n39—References to applications and approvals\n\t(1)\tOn and after the designated day, a reference in any Act, statutory instrument or other document or instrument to an application under the repealed Act, or to any assessment, decision, permission, consent, approval, authorisation or certificate under the repealed Act, will, unless the context otherwise requires, be taken to include a reference to an application under this Act, or to any assessment, decision, permission, consent, approval, authorisation or certificate under this Act or an earlier Act (as the case requires).\n\t(2)\tWithout limiting subclause (1), on and after the designated day—\n\t(a)\ta reference in any Act, statutory instrument or other document or instrument to development plan consent (or provisional development plan consent) under the repealed Act will, unless the context otherwise requires, be taken to include a reference to planning consent under this Act or a corresponding consent or approval under an earlier Act (other than the Building Act 1971); and\n\t(b)\ta reference in any Act, statutory instrument or other document or instrument to building rules consent (or provisional building rules consent) under the repealed Act will, unless the context otherwise requires, be taken to include a reference to building consent under this Act or a corresponding approval under the Building Act 1971.\n\t(3)\tOn and after the designated day, a reference in any Act, statutory instrument or other document to a certificate under section 138 of this Act will, unless the context otherwise requires, be taken to include a reference to a certificate under section 51 of the Development Act 1993 (and vice versa).\n40—Conditions\nA condition attached to, or applying in relation to, a decision under the repealed Act or an earlier Act will remain in force as if granted under this Act (and will be binding and enforceable as if granted under this Act and may be varied or revoked in accordance with the provisions of this Act).\n41—General saving provision\nSubject to the specific provisions of this Schedule (and to any regulations made under this Schedule), the repeal of a provision of the repealed Act (or the repeal of a provision of an earlier Act) does not affect any rights that accrued under the provision so repealed, the validity of any decision or authorisation made or granted under the provision so repealed, or any notice or order given or made under the provision so repealed.\n42—General provisions apply\nThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or any other provision of this Act or regulations made under this Act), apply to the repeal of any provision of the repealed Act (or to the repeal of any provision of an earlier Act).\n43—Regulations\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision made by a regulation under subclause (1) may, if the regulations so provide, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the publication of the regulation in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\nLegislative history\nNotes\n\t•\tThis version is comprised of the following:\nSchedules\n\t•\tIn this version provisions that are uncommenced appear in italics.\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n21.4.2016\n1.4.2017 (Gazette 28.3.2017 p957) except ss 58 to 62, 70 to 74, 77, 82 to 87, Sch 8 (cll 12 to 16)—1.8.2017 (Gazette 1.8.2017 p3037) and except ss 11 & 63—1.2.2019 (Gazette 31.1.2019 p371) and except s 88—1.4.2019 (Gazette 7.2.2019 p415) and except ss 4, 49, 50, 51(1)(b) & (c), 53, 64 to 66, 67(1) to (3), 68, 69, 75, 76, 78 to 81, 89 to 100, Pts 7 to 12, 14 to 19, ss 232, 234, 235, 237, 239, 240, Sch 6 (cll 1, 17, 18, 24), Sch 8 (cll 4, 21(3), 22, 27 to 29, 32(1), 35, 37 to 40)—1.7.2019 (Gazette 27.6.2019 p2320) and except Sch 6 (cl 19) & Sch 8 (cll 32(2), 33 & 34)—31.7.2020 (Gazette 18.6.2020 p3390) and except Sch 6 (Pts 2 to 4 & 9) & Sch 8 (cl 17)—19.3.2021 (Gazette 4.3.2021 p822) and except ss 67(4), (5) & 164, Sch 6 (cl 20 & Pt 7), Sch 8 (cll 10, 11, 18 to 20, 21(1), (2) & 23 to 26)—uncommenced\n Statutes Amendment (Planning, Development and Infrastructure) Act 2017\n28.2.2017\nPt 2 (s 10)—1.4.2017 immediately after 14/2016 (Gazette 28.3.2017 p960); Pt 2 (ss 4—9)—1.8.2017 immediately after commencement of s 58 of 14/2016 (Gazette 1.8.2017 p3038)\n Planning, Development and Infrastructure (State Planning Policy) (Biodiversity) Amendment Act 2017\n Planning, Development and Infrastructure (Commencement of Code) Amendment Act 2020\n Statutes Amendment (Local Government Review) Act 2021\n17.6.2021\nPt 8 (ss 200 & 201)—20.9.2021 (Gazette 16.9.2021 p3548)\n Hydrogen and Renewable Energy Act 2023\n23.11.2023\nSch 1 (cll 13 to 15)—11.7.2024 (Gazette 11.7.2024 p2114)\n Planning, Development and Infrastructure (Designated Live Music Venues and Protection of Crown and Anchor Hotel) Amendment Act 2024\n Planning, Development and Infrastructure (Environment and Food Production Areas) Amendment Act 2025\n22.5.2025: s 2\n State Development Coordination and Facilitation Act 2025\nSch 3 (cll 1, 2, 4 & 6 to 14)—7.10.2025 (Gazette 4.9.2025 p3773); cll 3 & 5—11.12.2025 (Gazette 11.12.2025 p4824)\n Statutes Amendment (Heritage) Act 2025\n26.6.2025\nPt 3 (ss 14 & 15)—uncommenced\n Biodiversity Act 2025\n26.6.2025\nSch 5 (cll 84 to 88)—uncommenced\n Statutes Amendment (Planning, Infrastructure and Other Matters) Act 2025\n27.11.2025\nPt 5 (ss 8 to 34, 36 to 45, 46(2), 47 to 52, 54, 55 & 56(1), (3) & (4)—15.1.2026 (Gazette 15.1.2026 p24); ss 35, 46(1), 53 & 56(2)—uncommenced\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nPt 1\n\ns 3\n\ns 3(1)\n\nallotment\namended by 64/2025 s 8(1)\nCGO\ninserted by 23/2025 Sch 3 cl 1\nstatutory instrument\namended by 18/2025 s 3\ns 3(1a)\ninserted by 64/2025 s 8(2)\ns 7\n\ns 7(1)\nsubstituted by 18/2025 s 4(1)\ns 7(3)\namended by 18/2025 s 4(2)—(4)\ns 7(4)\namended by 18/2025 s 4(5)\ns 7(5)\namended by 18/2025 s 4(6)—(8)\ns 7(7)\namended by 18/2025 s 4(9)\ns 7(8)\namended by 18/2025 s 4(10), (11)\nPt 2\n\ns 12\n\ns 12(2)\namended by 64/2025 s 9\nPt 3\n\ns 28\n\ns 28(1)\ns 28 redesignated as s 28(1) by 64/2025 s 10\ns 28(2)\ninserted by 64/2025 s 10\ns 42\n\ns 42(2)\namended by 64/2025 s 11\nPt 4\n\ns 48\n\ns 48(1)\namended by 64/2025 s 12(1)\ns 48(2)\namended by 64/2025 s 12(2), (3)\ns 54\n\ns 54(1)\namended by 64/2025 s 13\nPt 5\n\ns 58\n\ns 58(1)\namended by 5/2017 s 4(1)\ns 58(3)\namended by 5/2017 s 4(2), (3)\ns 59\n\ns 59(1)\namended by 5/2017 s 5\ns 60\namended by 5/2017 s 6\ns 62A\ninserted by 58/2017 s 3\ns 63\n\ns 63(1)\namended by 5/2017 s 7(1), (2)\ns 63(2)\namended by 5/2017 s 7(3)\ns 63(3)\namended by 5/2017 s 7(4)\ns 63(4)\n(a) deleted by 5/2017 s 7(5)\ns 64\n\ns 64(2a)—(2c)\ninserted by 18/2025 s 5(1)\ns 64(3)\namended by 18/2025 s 5(2)\ns 71\namended by 64/2025 s 14\ns 73\n\ns 73(1)\namended by 5/2017 s 8(1)\ns 73(2)\namended by 5/2017 s 8(2)\ns 73(3a)\ninserted by 64/2025 s 15(1)\ns 73(11)\nsubstituted by 64/2025 s 15(2)\ns 74\n\ns 74(3)\namended by 64/2025 s 16(1), (2)\ns 75\n\ns 75(1)\namended by 64/2025 s 17(1), (2)\ns 75(2a)\ninserted by 23/2025 Sch 3 cl 2\n\namended by 64/2025 s 17(3)\ns 76\n\ns 76(1)\namended by 27/2024 s 2\n\namended by 64/2025 s 18(1), (2)\ns 76(2a)\ninserted by 23/2025 Sch 3 cl 3(1)\ns 76(4)\namended by 23/2025 Sch 3 cl 3(2)\n\ndeleted by 64/2025 s 18(3)\ns 76(4a)\ninserted by 23/2025 Sch 3 cl 3(3)\ns 78\n\ns 78(1)\namended by 5/2017 s 9\ns 78(3)\ndeleted by 64/2025 s 19(1)\ns 78(9)\ndeleted by 64/2025 s 19(2)\ns 80\n\ns 80(1)\namended by 64/2025 s 20\ns 80(4)\namended by 64/2025 s 20\nPt 6\n\ns 82\namended by 64/2025 s 21\ns 83\n\ns 83(2a)\ninserted by 26/2021 s 200\ns 84\n\ns 84(1a)\ninserted by 26/2021 s 201\ns 88\n\ns 88(1)\namended by 64/2025 s 22(1)\ns 88(2)\namended by 64/2025 s 22(1), (2)\ns 94\n\ns 94(1)\namended by 23/2025 Sch 3 cl 4(1)\ns 94(2)\namended by 23/2025 Sch 3 cl 4(2)—(5)\ns 94(3)\namended by 23/2025 Sch 3 cl 4(6), (7)\ns 99\n\nnote\ninserted by 64/2025 s 23\nPt 7\n\ns 102\n\ns 102(1)\namended by 64/2025 s 24(1)—(5)\n\n(f) deleted by 64/2025 s 24(6)\ns 102(3)\namended by 64/2025 s 24(7)\ns 102(6)\nsubstituted by 64/2025 s 24(8)\ns 102(7)\ndeleted by 64/2025 s 24(8)\ns 106\n\ns 106(1)\namended by 64/2025 s 25(1)\ns 106(1a)\ninserted by 64/2025 s 25(2)\ns 107\n\ns 107(1)\namended by 64/2025 s 26(1)\ns 107(6)\nsubstituted by 64/2025 s 26(2)\ns 108\n\ns 108(1)\namended by 23/2025 Sch 3 cl 5\ns 113\n\ns 113(8)\namended by 64/2025 s 27(1)\ns 113(9)\ns 113(10)\ns 113(11)\ndeleted by 64/2025 s 27(3)\ns 113(12)\ns 114\n\ns 114(3)\namended by 64/2025 s 28\ns 119\n\ns 119(13)\nsubstituted by 64/2025 s 29\ns 120\n\ns 120(2a)—(2c)\ninserted by 64/2025 s 30\ns 122\n\ns 122(12)\namended by 64/2025 s 31\ns 125\n\ns 125(10)\nsubstituted by 18/2025 s 6\ns 127\n\ns 127(3a) and (3b)\ninserted by 27/2024 s 3(1)\ns 127(9)\ninserted by 27/2024 s 3(2)\nPt 8\n\ns 130\n\ns 130(4a) and (4b)\ninserted by 64/2025 s 32(1)\ns 130(19a)\ninserted by 64/2025 s 32(2)\ns 130(20a)\ninserted by 64/2025 s 32(3)\ns 130(24)\namended by 64/2025 s 32(4)\ns 130(24a)\ninserted by 64/2025 s 32(5)\ns 130(25)\namended by 64/2025 s 32(6)\nPt 9\n\ns 131\n\ns 131(5a) and (5b)\ninserted by 64/2025 s 33(1)\ns 130(20a)\ninserted by 64/2025 s 33(2)\ns 130(21a)\ninserted by 64/2025 s 33(3)\ns 131(24)\namended by 64/2025 s 33(4)\ns 131(24a)\ninserted by 64/2025 s 33(5)\ns 131(25)\namended by 64/2025 s 33(6)\nPt 10\n\nPt 10 Div 1\n\ns 132\n\ns 132(a1)\ninserted by 64/2025 s 34(1)\ns 132(1)\namended by 64/2025 s 34(2)\ns 132(2)\namended by 64/2025 s 34(3)\nPt 10 Div 2A\ninserted by 27/2024 s 4\nPt 10 Div 4\n\ns 138\n\ns 138(1)\namended by 64/2025 s 35(1), (2)\ns 138(1a) and (1b)\ninserted by 64/2025 s 35(3)\ns 138(2)\namended by 64/2025 s 35(4)\nPt 11\n\ns 153\n\ns 153(2)\nsubstituted by 64/2025 s 36\ns 154\n\ns 154(1)\namended by 64/2025 s 37\nPt 12\nheading amended by 37/2023 Sch 1 cl 13\ns 160\nheading amended by 37/2023 Sch 1 cl 14(1)\ns 160(1)\n\nappropriate authority\n amended by 37/2023 Sch 1 cl 14(2)\ndesignated matter\ndesignated mining matter amended to read designated matter by 37/2023 Sch 1 cl 14(3)\n\n amended by 37/2023 Sch 1 cl 14(4)\nrelevant licence\n inserted by 37/2023 Sch 1 cl 14(5)\ns 160(2)\n amended by 37/2023 Sch 1 cl 14(6)\ns 160(3)\n amended by 37/2023 Sch 1 cl 14(7), (8)\ns 160(4)\n amended by 37/2023 Sch 1 cl 14(9)\n\n amended by 64/2025 s 38\ns 160(5)\n amended by 37/2023 Sch 1 cl 14(10), (11)\ns 160(7)\n amended by 37/2023 Sch 1 cl 14(12)\ns 161\n\ns 161(1)\n substituted by 37/2023 Sch 1 cl 15(1)\ns 161(2)\n amended by 37/2023 Sch 1 cl 15(2)\ns 161(3)\n amended by 37/2023 Sch 1 cl 15(3)\ns 161(3a)\n inserted by 37/2023 Sch 1 cl 15(4)\ns 161(5)\n amended by 37/2023 Sch 1 cl 15(5)\ns 161(6)\n inserted by 37/2023 Sch 1 cl 15(6)\nPt 13\n\nPt 13 Div 1 Subdiv 1\n\ns 162\n\ns 162(1)\n\ndeclared project\ninserted by 23/2025 Sch 3 cl 6(1)\nprimary infrastructure\ninserted by 23/2025 Sch 3 cl 6(1)\n\namended by 64/2025 s 39\ns 162(1a)\ninserted by 23/2025 Sch 3 cl 6(2)\nPt 13 Div 1 Subdiv 2\n\nheading\n amended by 23/2025 Sch 3 cl 7\ns 163\n\nheading\namended by 23/2025 Sch 3 cl 8\ns 163(1)\namended by 64/2025 s 40(1), (2)\ns 163(2)\namended by 64/2025 s 40(2)\ns 163(3)\namended by 64/2025 s 40(3)\ns 163(6)\namended by 64/2025 s 40(4)—(6), (8)—(10)\n\n(d) deleted by 64/2025 s 40(7)\ns 163(7)\namended by 64/2025 s 40(11)\ns 163(9)\namended by 64/2025 s 40(12)—(14)\ns 163(10)\namended by 64/2025 s 40(15)\n\n(a)(ii) deleted by 64/2025 s 40(16)\ns 163(10a)\ninserted by 64/2025 s 40(17)\ns 163(11)\nsubstituted by 64/2025 s 40(18)\ns 163A\n inserted by 23/2025 Sch 3 cl 9\ns 163A(2)\namended by 64/2025 s 41(1)\ns 163A(4)\namended by 64/2025 s 41(2)—(4)\nPt 13 Div 1 Subdiv 4\n\ns 165\n\ns 165(1)\n amended by 23/2025 Sch 3 cl 10(1), (2)\ns 165(5)\n deleted by 23/2025 Sch 3 cl 10(3)\ns 165A\ninserted by 64/2025 s 42\ns 166\n\ns 166(1)\namended by 64/2025 s 43(1)\ns 166(1a)\ninserted by 64/2025 s 43(2)\ns 166(2)\n amended by 23/2025 Sch 3 cl 11(1)—(3)\n\namended by 64/2025 s 43(3)\ns 166(5)\namended by 64/2025 s 43(4)\ns 166(5a) and (5b)\ninserted by 64/2025 s 43(5)\nPt 13 Div 1 Subdiv 5\n\ns 167\n\ns 167(3a)—(3g)\ninserted by 64/2025 s 44\ns 167(7)\n amended by 23/2025 Sch 3 cl 12(1)\n\n (b) deleted by 23/2025 Sch 3 cl 12(2)\ns 167(12)\n deleted by 23/2025 Sch 3 cl 12(3)\ns 167A\ninserted by 64/2025 s 45\nPt 13 Div 1 Subdiv 5\n\ns 168\n\ns 168(1)\namended by 64/2025 s 46(1)\ns 168(4)\ninserted by 64/2025 s 46(2)\nPt 13 Div 1 Subdiv 6\n\ns 169\n\ns 169(1)\n amended by 23/2025 Sch 3 cl 13(1)\n\namended by 64/2025 s 47\ns 169(5)—(7)\n amended by 23/2025 Sch 3 cl 13(2)\ns 169(8)\n amended by 23/2025 Sch 3 cl 13(3), (4)\ns 169(9)\n substituted by 23/2025 Sch 3 cl 13(5)\ns 169(10)\n amended by 23/2025 Sch 3 cl 13(6)\ns 169(20)\n amended by 23/2025 Sch 3 cl 13(2)\nPt 13 Div 1 Subdiv 7\n\ns 173\n\ns 173(1)\n amended by 23/2025 Sch 3 cl 14\nPt 15\n\ns 198\n\ns 198(2)\nsubstituted by 64/2025 s 48(1)\ns 198(8)\namended by 64/2025 s 48(2)\nPt 16\n\ns 202\n\ns 202(1)\namended by 64/2025 s 49\nPt 18\n\ns 225\n\ns 225(16)\ndeleted by 64/2025 s 50(1)\ns 225(17)\n\namended by 64/2025 s 50(2)\ns 225(18)\ndeleted by 64/2025 s 50(3)\ns 230\n\ns 230(13)\ndeleted by 64/2025 s 51(1)\ns 230(14)\n\namended by 64/2025 s 51(2)\ns 230(15)\ndeleted by 64/2025 s 51(3)\nPt 20\n\ns 242A\ninserted by 64/2025 s 52\ns 245A\ninserted by 64/2025 s 53\nSch 1\n\ncl 1\n\ncl 1(1)\n\namended by 64/2025 s 54(1), (2)\nrelevant official\namended by 64/2025 s 54(3)\nSch 3\n\ncl 1\n\ncl 1(1)\namended by 64/2025 s 55(1)—(3)\ncl 1(3)\n(c) deleted by 64/2025 s 55(4)\nSch 4A\ninserted by 27/2024 s 5\nSch 7\nexpired: Sch 7 cl 1(3)—omitted under Legislation Revision and Publication Act 2002\n(1.4.2019)\nSch 8\ninserted by 5/2017 s 10\n1.4.2017 except cll 12—16—1.8.2017 and except cll 4, 21(3), 22, 27—29, 32(1), 35, 37—40—1.7.2019 and except cll 32(2), 33 & 34—31.7.2020 and except cl 17—19.3.2021 and except cll 10, 11, 18—20, 21(1) & (2), 23—26—uncommenced\ncl 9\n\ncl 9(1)\namended by 5/2020 s 3(1)\ncl 9(2)\namended by 5/2020 s 3(2)\ncl 9(6)\namended by 5/2020 s 3(3)\ncl 25\nwill expire: cl 25(4)\n\ncl 25(4)\namended by 5/2020 s 3(4)\ncl 25(5)\namended by 5/2020 s 3(5)\ncl 25(6)\namended by 5/2020 s 3(6)\ncl 31\n\ncl 31(4)\namended by 5/2020 s 3(7)\nTransitional etc provisions associated with Act or amendments\nPlanning, Development and Infrastructure (Environment and Food Production Areas) Amendment Act 2025, Sch 1—Transitional provisions\nIn this Schedule—\ncommencement day means the day on which this clause comes into operation;\nprincipal Act means the Planning, Development and Infrastructure Act 2016.\n2—Environment and food production areas\n\t(1)\tDespite section 132 of the principal Act and without limiting this clause, section 7 of the principal Act does not apply to an application for a development authorisation in relation to land that (on the commencement day) is former EFPA land if the application was made (but not finally determined) under the principal Act before the commencement day.\n\t(2)\tThe relevant land division overlay under the Planning and Design Code will be taken to apply for the purposes of the principal Act to any former EFPA land until an amendment to the Planning and Design Code disapplies the relevant land division overlay to that land (including, for example, by applying instead an overlay allowing land division for residential purposes to the former EFPA land).\n\t(3)\tThe relevant land division overlay may be disapplied in relation to former EFPA land by a series of amendments to the Planning and Design Code (so that different amendments may disapply the relevant land division overlay in relation to different areas of former EFPA land at different times).\n\t(4)\tIn connection with subclause (2), the Minister may, as soon as reasonably practicable after the commencement day, by notice published on the SA planning portal, amend the Planning and Design Code to reflect the fact that the relevant land division overlay applies to former EFPA land.\n\t(5)\tIn this clause—\nformer EFPA land means land that was (or was part of) an environment and food production area under section 7 of the principal Act (as in force immediately before the commencement day) but, after the commencement day, is not (or is not part of) an environment and food production area under that section (as in force immediately after the commencement day);\nrelevant land division overlay means the limited land division overlay or a successor overlay determined by the Minister by notice published on the SA planning portal for the purposes of this definition.\n3—Regional plan for Greater Adelaide\nThe amendments to section 64 of the principal Act effected by section 5 of this Act do not apply to the regional plan for Greater Adelaide in effect on the commencement day.\nStatutes Amendment (Planning, Infrastructure and Other Matters) Act 2025, Pt 5\n56—Transitional provisions\n\t(1)\tThe amendments to section 113 of the principal Act made by section 27 apply to an application for approval of impact assessed development in respect of which an Assessment Report has not been prepared before the commencement of section 27 (whether the application was made before or after that commencement).\n\t(2)\tThe amendments to section 138 of the principal Act made by section 35 apply to the issue of a certificate under section 138 on or after the commencement of section 35 (whether the development to which the certificate relates was approved before or after that commencement).\n\t(3)\tTo avoid doubt—\n\t(a)\tthis section applies despite section 132 of the principal Act; and\n\t(b)\ta reference in this section to a provision of the principal Act includes a reference to a legislative instrument made in connection with the provision.\n\t(4)\tIn this section—\nprincipal Act means the Planning, Development and Infrastructure Act 2016.\nEditorial note—\nSubclause (2) had not come into operation at the date of the publication of this version.\nHistorical versions\n1.4.2017\n\n1.2.2019\n\n1.4.2019\n\n1.7.2019\n\n31.7.2020\n\n19.3.2021\n\n","sortOrder":49}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"Based on general knowledge, the Act broadly delivered on its original intent to modernise South Australia's planning system, consolidate development assessment, and establish the Planning and Design Code. However, implementation was significantly delayed beyond original timelines, and the scope of the Code was expanded through amendments. No specific scope analysis could be performed as the legislative text failed to load."},"complexity_factors":["No actual legislative text was retrievable — analysis is based on a 404 error page only","The Act itself is known to be extremely lengthy and technically dense, spanning hundreds of sections","Operates alongside numerous related instruments including the Planning and Design Code, regulations, and Practice Directions","Involves multiple interacting bodies: State Planning Commission, local councils, Environment Resources and Development Court","Contains transitional provisions carrying over obligations from the repealed Development Act 1993","Grants broad delegated legislative powers (ministerial and commission instruments) that sit outside the Act itself","Different assessment pathways (e.g., complying, merit, restricted development) create a complex decision tree for users","Frequent amendments since 2016 mean currency of any given version is critical"],"plain_english_summary":"**What happened here?**\n\nThe link provided did not successfully load the actual text of South Australia's *Planning, Development and Infrastructure Act 2016*. Instead, it returned a **404 \"Page Not Found\" error** from the SA Legislation website, likely due to a broken or outdated hyperlink following a website update on 24 March 2026.\n\n**What is known about this Act generally?**\n\nThe *Planning, Development and Infrastructure Act 2016* (SA) is a major South Australian law that replaced the old *Development Act 1993*. In broad terms it:\n- Establishes the rules for **land use planning and development approvals** across South Australia (i.e., who can build what, where, and under what conditions)\n- Created the **State Planning Commission** — the body that oversees planning policy\n- Introduced a new **planning and design code** that consolidates zoning rules (rules about what activities are allowed in different areas)\n- Sets out how **development applications** (requests for permission to build or change land use) are assessed and approved\n- Affects **homeowners, developers, builders, councils, and government agencies** across South Australia\n\n**Why does this matter to you?**\n\nIf you want to build a house, extend a business, subdivide land, or develop property in South Australia, this is the foundational law governing whether you can do it and how.\n\n⚠️ *Note: No actual legislative text was available for analysis. This summary is based on general knowledge of the Act, not the document provided.*"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has grown substantially beyond the core task of consolidating planning and building law. Subsequent amendments and insertions (recorded in the legislative history and amendment notes) expanded its scope to include: the design and funding of infrastructure delivery schemes with statutory charges on land and contribution areas (Part 13, s 163–176), explicit State Development Coordination integration (roles for CGO and references to the State Development Coordination and Facilitation Act 2025), protections for specific cultural and entertainment assets (designated live music venues and Crown & Anchor, s 135A; Sch 4A), and express treatment of hydrogen and renewable energy activities (Part 12, s 160–161). The 2025/2026 amendments also introduced wider delegated powers (further regulation of funding arrangements, ESCOSA involvement, ministerial termination of prior deeds — s 169, s 167(3a)–(3f)), and automation of decisions by approved computer systems (s 242A). These additions move the statute from a rules/assessment code into a comprehensive infrastructure‑funding and project‑delivery regime with powerful financial tools and state‑level intervention capacity (charges on title, government guarantees, step‑in powers). Concrete consequences: a larger fiscal and regulatory footprint (who pays and who decides), more state discretion over land‑value capture and funding, and more points where subordinate instruments and ministerial decisions determine outcomes (see s 169, s 173–175, s 167, s 242A)."},"complexity_factors":["Very long Act spanning 20+ Parts and 6 Schedules with extensive transitional provisions (Schedule 8).","Extensive interpretation section with dozens of defined terms and special definitions (see s 3).","Multiple statutory instruments layered: state planning policies, regional plans, Planning and Design Code, design standards, practice directions and Ministerial building standards (Part 5: s 58–69, s 42–43, s 79–81).","Three distinct development assessment tracks with nested rules and exceptions (accepted, code‑assessed (deemed‑to‑satisfy and performance), impact assessed/restricted) (s 103–115).","Complex infrastructure funding framework with many subdivisions (Part 13: s 163–184) including charges on title (s 173–175), contribution schemes (s 176–181) and statutory funds (s 182–183).","Heavy cross‑referencing to other Acts and external bodies (Environment Protection Act, Mining Acts, Hydrogen and Renewable Energy Act 2023, State Development Coordination and Facilitation Act 2025, Local Government Act; see Part 12, s 160–161; multiple amendment notes).","Large delegation and discretion regime (Minister, Commission, Chief Executive, scheme coordinators, accredited professionals) with many conditional delegations (s 22, s 30, s 34, s 165, s 165A, s 241).","Numerous exceptions, savings and transitional rules (Schedule 8) — multiple commencement phases and uncommenced provisions increase conditional complexity.","Significant procedural detail for EIS, referrals, consultation, and appeals (s 109–115, s 122, Part 16) — time limits, notification rules and appeal bars increase conditionality.","Inclusion of modern features like digital decision systems and portal presumptions (s 48–53, s 242A), which add new legal/technical interactions between statute and technology."],"plain_english_summary":"The law replaces South Australia’s Development Act with a single, statewide planning and building regime: a State Planning Commission, a maintained Planning and Design Code, online planning portal, and streamlined assessment categories. It also creates infrastructure funding schemes that can impose charges on land and new accreditation, enforcement and appeal paths.\n\nIt affects landowners, developers, councils, state agencies and accredited certifiers — shifting costs onto landholders, centralising decision‑making and digitalising rules, speeding some approvals while increasing compliance and financial risk."},"kimi_summary":{"_metrics":{"completionTokens":879},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2016 scope. The 2025 amendments (particularly sections 7, 135A, 160, 163A, 167A and related provisions) have added: environment and food production area protections; specific provisions for the Crown and Anchor Hotel live music venue; hydrogen and renewable energy project pathways; primary infrastructure schemes alongside basic infrastructure; and integration with the new State Development Coordination and Facilitation Act 2025. The infrastructure framework has grown from simple developer contributions to a complex system involving ESCOSA oversight, government guarantees, and multiple funding mechanisms."},"complexity_factors":["Extensive cross-referencing between Parts, Divisions and Subdivisions (e.g., Part 13 Division 1 Subdivision 2)","Multiple overlapping assessment pathways with conditional triggers (accepted, deemed-to-satisfy, performance assessed, impact assessed)","47+ defined terms in section 3 including nested definitions (e.g., 'development' has 12 sub-paragraphs)","Complex hierarchy of 'relevant authorities' with 8 different entity types and conditional determination rules (sections 93-99)","Infrastructure delivery schemes with 9 Subdivisions containing intricate funding, charging and contribution mechanisms","Multiple parliamentary scrutiny processes with varying timeframes and disallowance mechanisms (e.g., sections 46, 74, 169)","Conditional exceptions to exceptions (e.g., section 118(6) on heritage buildings where Planning Rules prevail over Building Rules but with caveats)","Transitional provisions in Schedule 8 preserving old rights while introducing new systems","Delegated legislation dependencies — many critical operational details left to regulations yet to be made","Special legislative schemes creating parallel planning systems for areas like Barossa Valley and McLaren Vale"],"plain_english_summary":"**What this legislation does:**\n\nThis is South Australia's main planning and development law, replacing the old 1993 Development Act. It sets up a comprehensive system for managing how land is used, buildings are constructed, and infrastructure is delivered across the state.\n\n**Key things it covers:**\n\n- **Planning system**: Establishes the State Planning Commission as the main advisory body, creates a new Planning and Design Code (a single rulebook replacing 72 old council development plans), and sets up regional planning frameworks\n\n- **Development assessment**: Creates four pathways for approving development:\n  - *Accepted development* — no approval needed\n  - *Deemed-to-satisfy* — automatic approval if rules are met\n  - *Performance assessed* — assessed on merits against the code\n  - *Impact assessed* — major projects requiring environmental impact statements and Ministerial approval\n\n- **Building rules**: Incorporates the national Building Code of Australia with South Australian modifications, and allows Ministerial building standards for things like adaptive reuse of older buildings\n\n- **Heritage and environment**: Protects significant trees, local heritage places, and creates \"environment and food production areas\" to stop urban sprawl into valuable farmland around Adelaide\n\n- **Infrastructure funding**: Introduces \"infrastructure delivery schemes\" where developers and landowners contribute to the cost of roads, water, power and other essential services in new growth areas\n\n- **Community engagement**: Requires a Community Engagement Charter so people can have a say in planning policy changes\n\n- **Digital-first approach**: Mandates an online planning portal (SA planning portal) where all planning documents, applications and decisions must be published\n\n**Who it affects:**\n\n- Anyone wanting to build, subdivide land, or change how property is used\n- Local councils (who lose some planning powers to the state system)\n- Developers and builders\n- Property owners in heritage or environmentally sensitive areas\n- Anyone living near major projects that need impact assessment\n\n**Why it matters:**\n\nThe Act tries to make planning simpler and more consistent across South Australia while still protecting important environmental and heritage values. It shifts significant power from local councils to state-level bodies, particularly for major developments. The infrastructure funding mechanisms are designed to ensure growth areas pay their way rather than burdening existing ratepayers."}},"importantCases":[],"_links":{"self":"/api/acts/planning-development-and-infrastructure-act-2016","history":"/api/acts/planning-development-and-infrastructure-act-2016/history","analysis":"/api/acts/planning-development-and-infrastructure-act-2016/analysis","conflicts":"/api/acts/planning-development-and-infrastructure-act-2016/conflicts","importantCases":"/api/acts/planning-development-and-infrastructure-act-2016/important-cases","documents":"/api/acts/planning-development-and-infrastructure-act-2016/documents"}}