{"id":"planning-development-and-infrastructure-transitional-provisions-regulations-2017","name":"Planning, Development and Infrastructure (Transitional Provisions) Regulations 2017","slug":"planning-development-and-infrastructure-transitional-provisions-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236251,"registerId":"sa-planning-development-and-infrastructure-transitional-provisions-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Planning, Development and Infrastructure (Transitional Provisions) Regulations 2017","content":"South Australia\nPlanning, Development and Infrastructure (Transitional Provisions) Regulations 2017\nunder the Planning, Development and Infrastructure Act 2016\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Initial provisions\n4\tGreater Adelaide\n5\tTransitional provisions relating to extension of operation of section 7 under repealed Act\n6\tTransitional provisions relating to development assessment panels under repealed Act\nPart 3—Development plan amendments\n7\tInterpretation\n8\tAdoption of DPAs\nPart 4—Staged commencement of development assessment under Act\n9\tInterpretation\n10\tGeneral scheme for staged commencement\n11\tRelated provisions\n11A\tSpecial provision relating to existing authorisations of major developments\n12\tLocal heritage\n13\tSignificant trees\n14\tAppeals\n15\tReferences to provisions and instruments\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Planning, Development and Infrastructure (Transitional Provisions) Regulations 2017.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Planning, Development and Infrastructure Act 2016.\nPart 2—Initial provisions\n4—Greater Adelaide\nUntil the first proclamation is made under section 5 of the Act, a reference to Greater Adelaide in the Act will be taken to be a reference to Greater Adelaide as described in section 5(2) of the Act.\n5—Transitional provisions relating to extension of operation of section 7 under repealed Act\n\t(1)\tFor the purposes of clause 5(4)(d) of Schedule 8 of the Act, the following transitional provisions will apply on account of the commencement of section 7 of the Act on 1 April 2017 and in relation to the application of section 7 as if it formed part of the repealed Act:\n\t(a)\ta reference in section 7 to a relevant authority will be taken to be a reference to a relevant authority under the repealed Act;\n\t(b)\ta reference in section 7 to a development authorisation will be taken to be a reference to a development authorisation under the repealed Act;\n\t(c)\ta reference to the Commission being a relevant authority will be taken to be a reference to the Development Assessment Commission, subject to the operation of clause 6 of Schedule 8 of the Act.\n\t(2)\tSchedule 7 of the Act will apply in relation to the operation of section 7 of the Act as it applies under the repealed Act on account of the commencement of that section and the operation of clause 5(4)(c) of Schedule 8 of the Act.\n\t(3)\tIn connection with the operation of subregulation (2), a reference in Schedule 7 of the Act to a development authorisation will be taken to include a reference to a development authorisation under the repealed Act.\n6—Transitional provisions relating to development assessment panels under repealed Act\n\t(1)\tSubject to subregulation (2), on and after 1 October 2017 (being the designated day for the purposes of clauses 12 and 13 of Schedule 8 of the Act), a council development assessment panel or a regional development assessment panel constituted under the repealed Act (and in existence immediately before 1 October 2017) will no longer act under the repealed Act.\n\t(2)\tIf a council has not, immediately before 1 October 2017, appointed an assessment panel envisaged by clause 12(1) of Schedule 8 of the Act, the council's development assessment panel constituted under the repealed Act may continue to act until the Minister constitutes a local assessment panel under clause 12(3) of Schedule 8 of the Act.\nPart 3—Development plan amendments\n7—Interpretation\nIn this Part—\nDPA means a Development Plan Amendment under section 25 of the repealed Act;\nPDI Act means the Planning, Development and Infrastructure Act 2016.\n8—Adoption of DPAs\n\t(1)\tIn addition to clause 9 of Schedule 8 of the PDI Act, if—\n\t(a)\ta DPA has been prepared by a council under section 25 of the repealed Act; and\n\t(b)\tthe requirements of section 25 of the repealed Act relating to public consultation have been completed and a report prepared under section 25(13) of that Act (whether before or after the commencement of this regulation); and\n\t(c)\tthe council applies to the Minister under this subregulation in accordance with any requirements determined by the Minister,\nthe Minister may, after consultation with the Commission—\n\t(d)\tadopt an amendment proposed in the report; or\n\t(e)\talter an amendment proposed in the report and then proceed to adopt the amendment as altered; or\n\t(f)\tdecline to adopt an amendment proposed in the report.\n\t(1a)\tIn addition to clause 9 of Schedule 8 of the PDI Act, if—\n\t(a)\ta DPA has been prepared by the Minister under section 26 of the repealed Act; and\n\t(b)\tthe requirements of section 26(5)(d)(ii), (5a)(b) or (5b)(b) of the repealed Act relating to public consultation have been completed (whether before or after the commencement of this subregulation),\nthe Minister may, after consultation with the Commission—\n\t(c)\tapprove the relevant amendment; or\n\t(d)\talter the relevant amendment and approve the amendment as altered.\n\t(2)\tIf the Minister adopts an amendment (or an amendment as altered) under subregulation (1), the Minister may, by notice in the Gazette, amend the Planning and Design Code to give effect to the amendment, subject to such modifications as may, in the opinion of the Minister, be necessary on account of the amendment being adopted as an amendment to the Planning and Design Code rather than as an amendment to a Development Plan.\n\t(2a)\tIf the Minister approves an amendment (or an amendment as altered) under subregulation (1a), the Minister may, by notice in the Gazette, amend the Planning and Design Code to give effect to the amendment, subject to such modifications as may, in the opinion of the Minister, be necessary on account of the amendment being approved as an amendment to the Planning and Design Code rather than as an amendment to a Development Plan.\n\t(3)\tAn amendment made to the Planning and Design Code under subregulation (2) or subregulation (2a)—\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(4)\tSubject to subregulation (5), the Minister may act under this regulation even if the relevant Development Plan has been revoked by the Minister under clause 9 of Schedule 8 of the PDI Act.\n\t(5)\tA council may not make an application under this regulation—\n\t(a)\tin the case of an application that relates to an amendment designating 1 or more places as places of local heritage value under section 23(4) of the repealed Act (and not relating to any other matter)—after 1 July 2021; and\n\t(b)\tin any other case—3 months after the date on which the Development Plan to which the DPA relates has been revoked by the Minister.\nPart 4—Staged commencement of development assessment under Act\n9—Interpretation\nIn this Part—\nPDI Act means the Planning, Development and Infrastructure Act 2016;\nrelevant day means the relevant day, as applying under regulation 10(1)(a) in relation to a particular area of the State.\n10—General scheme for staged commencement\n\t(1)\tOn and after the commencement of Part 7 of the PDI Act the following provisions will apply:\n\t(a)\tif or when the Minister, acting under clause 9(7) of Schedule 8 of the PDI Act, has revoked or revokes a Development Plan (with the revocation to take effect on or after the commencement of Part 7 of the PDI Act), development within the area of the State to which the Development Plan related will be assessed in all respects under the PDI Act, on and from the day on which the revocation takes effect (the relevant day);\n\t(b)\tuntil the Minister revokes a particular Development Plan acting under clause 9(7) of Schedule 8 of the PDI Act—\n\t(i)\tdevelopment within the area of the State in relation to which the Development Plan relates will continue to be assessed against the provisions of the Development Plan rather than the provisions of the Planning and Design Code; and\n\t(ii)\tthe repealed Act (and the regulations under that Act) will continue to apply in relation to development within the area of the State in relation to which the Development Plan relates.\n\t(2)\tSubregulation (1) applies subject to regulation 11.\n11—Related provisions\n\t(1)\tThe following provisions apply in conjunction with regulation 10.\n\t(2)\tAn application made to a relevant authority under section 39 of the repealed Act with respect to a proposed development within an area of the State that is subject to the revocation of the relevant Development Plan that has not been finally determined before the relevant day in relation to that area may be continued and completed under the provisions of the repealed Act, except that—\n\t(a)\tnotice of a decision on the application will be in the form that applies under section 126 of the PDI Act rather than the form that applies under section 40 of the repealed Act; and\n\t(b)\tsection 127 of the PDI Act will apply in relation to the application rather than section 42 of the repealed Act; and\n\t(c)\ta decision on the application will, once given, be taken to be a decision given under the PDI Act (and the PDI Act will apply in relation to the relevant development authorisation).\n\t(3)\tThe repealed Act will continue to apply to and in relation to a proposed development or project that is the subject of a declaration made under section 46 of the repealed Act before the relevant day in relation to the area within which the development or project would be undertaken (and that has not been the subject of a decision of the Governor under section 48 of the repealed Act before the relevant day), except that—\n\t(a)\tsection 48 of the repealed Act will, on or after the relevant day, apply in relation to the development or project as if a reference to the Governor were a reference to the Minister (and a decision of the Minister in relation to the development or project will have effect as if it were a decision of the Minister under section 115 of the PDI Act); and\n\t(b)\tsections 46B(9) to (12), 46C(9) to (12), 46D(8) to (10) and 47(3) of the repealed Act will, on or after the relevant day, apply in relation to the development or project as if a reference to the Minister were a reference to the Commission (and the Commission may adopt any findings or determinations of the Minister under those subsections made before the relevant day to give effect to this subregulation).\n\t(3a)\tTo avoid doubt, if a development or project of a kind referred to in subregulation (3) is proposed to be undertaken partly within an area of the State in relation to which regulation 10(1)(a) applies and partly within an area of the State in relation to which regulation 10(1)(b) applies, subregulation (3) applies in respect of the assessment of the development or project (even though it is proposed to be undertaken partly within an area of the State in relation to which regulation 10(1)(b) applies).\n\t(4)\tAn application—\n\t(a)\tlodged under section 49 or 49A of the repealed Act with respect to a proposed development within an area of the State that is subject to the revocation of the relevant Development Plan; and\n\t(b)\tthat has not been finally determined before the relevant day in relation to that area,\nmay be continued and completed under the provisions of the repealed Act, except that a decision on the application will, once given, be taken to be a decision given under the PDI Act (and the PDI Act will apply in relation to the relevant development authorisation).\n\t(4a)\tTo avoid doubt, if development of a kind referred to in subregulation (4) is proposed to be undertaken partly within an area of the State in relation to which regulation 10(1)(a) applies and partly within an area of the State in relation to which regulation 10(1)(b) applies, subregulation (4) applies to the assessment of the development (even though it is proposed to be undertaken partly within an area of the State in relation to which regulation 10(1)(b) applies).\n\t(5)\tIf development is proposed to be undertaken partly within an area of the State in relation to which regulation 10(1)(a) applies and partly within an area of the State in relation to which regulation 10(1)(b) applies, then—\n\t(a)\tan application for a development authorisation in relation to the development made after the relevant day will be assessed in all respects as if regulation 10(1)(a) applied in relation to the development; and\n\t(b)\t—\n\t(i)\tin the case of an application to which section 111 of the PDI Act applies or an application lodged under section 131 of the PDI Act—the Minister will be the relevant authority; or\n\t(ii)\tin any other case—the Commission will be the relevant authority.\n\t(6)\tIf—\n\t(a)\tregulation 10(1)(a) applies in relation to an area of the State; and\n\t(b)\tthe Planning and Design Code, in applying under that regulation, overlaps with the area to which a Development Plan continues to apply by virtue of the operation of regulation 10(1)(b),\nthen—\n\t(c)\tany development that would, but for this subregulation, be subject to the Planning and Design Code and to a Development Plan by virtue of the overlap will be assessed in all respects as if regulation 10(1)(a) applied in relation to the development; and\n\t(d)\t—\n\t(i)\tin the case of an application to which section 111 of the PDI Act applies or an application lodged under section 131 of the PDI Act—the Minister will be the relevant authority; or\n\t(ii)\tin any other case—the Commission will be the relevant authority.\n\t(7)\tIn relation to the operation of Schedule 8 clause 4 of the PDI Act—\n\t(a)\tthe clause will not apply in relation to development within an area of the State to which a Development Plan relates until development in that area is to be assessed under the PDI Act; and\n\t(b)\tthe designated day under that clause in relation to development within that area will be taken to be the relevant day applying under regulation 10(1)(a) in relation to that area.\n\t(8)\tIn addition to Schedule 8 clause 16 of the PDI Act:\n\t(a)\ta member of an assessment panel does not need to be an accredited professional under the PDI Act (or under the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019) until the relevant day under regulation 10(1)(a) applies in relation to the area of the State in relation to which the assessment panel is constituted; and\n\t(b)\tan assessment manager for an assessment panel does not need to be an accredited professional under the PDI Act (or under the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019) until the relevant day under regulation 10(1)(a) applies in relation to the area of the State in relation to which the assessment panel is constituted.\n11A—Special provision relating to existing authorisations of major developments\n\t(1)\tFor the avoidance of doubt, the following provisions apply in relation to an existing major development authorisation:\n\t(a)\tsection 115 of the Act applies to the existing major development authorisation (and the authorisation may be varied or cancelled in accordance with that section);\n\t(b)\ta declaration under section 46 of the repealed Act (or, in the case of a declaration made before 2 January 1997, section 48 of the repealed Act) on the basis of which the decision to grant the existing major development authorisation was made will be taken to be a declaration made by the Minister under section 108(1)(c) of the Act (and may be varied or revoked in accordance with section 108(6));\n\t(c)\tthe EIS, PER or DR prepared under the repealed Act in connection with the development approved by the existing major development authorisation will be taken to be an EIS for the purposes of the Act (and may be amended in accordance with section 114);\n\t(d)\tthe Assessment Report prepared under the repealed Act in connection with the development approved by the existing major development authorisation will be taken to be an Assessment Report for the purposes of the Act (and may be amended in accordance with section 114).\n\t(2)\tIn this regulation—\nexisting major development authorisation means—\n\t(a)\ta development authorisation granted under section 48 of the repealed Act that is taken to be a development authorisation under the Act pursuant to Schedule 8 clause 3 of the Act; or\n\t(b)\ta development authorisation granted under section 48 of the repealed Act in accordance with regulation 11(3).\n12—Local heritage\n\t(1)\tOn the relevant day in relation to an area of the State, a place designated as a place of local heritage value by a Development Plan that has been revoked by the Minister 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 subregulation (1).\n\t(3)\tSubregulations (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 subregulation (1) applies.\n\t(4)\tSection 202(1)(a) of the PDI Act does not apply to or in relation to the designation of a place of local heritage value under the PDI Act by operation of subregulation (1) or on account of the inclusion of a place of local heritage value in the Planning and Design Code under subregulation (2).\n13—Significant trees\n\t(1)\tOn the relevant day in relation to an area of the State, a significant tree by virtue of the operation of a Development Plan that has been revoked by the Minister 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 significant tree in the Planning and Design Code by virtue of the operation of subregulation (1).\n\t(3)\tSubregulations (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 subregulation (1) applies.\n14—Appeals\nA 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 relevant day in relation to the area within which the development would be undertaken even if the process under section 38 of the repealed Act had not been commenced (or completed) before the relevant day.\n15—References to provisions and instruments\n\t(1)\tA reference in any Act, statutory instrument or other document or instrument to a provision of the Development Act 1993, or a regulation made under the Development Act 1993, will, before the Development Act 1993 is repealed, unless the context otherwise requires, be taken to include a reference to a corresponding provision in the PDI Act, or a corresponding regulation made under the PDI Act (as the case may be).\n\t(2)\tA reference in any Act, statutory instrument or other document or instrument to the Planning Strategy or a Development Plan will, unless the context otherwise requires, be taken to include a reference to a state planning policy or the Planning and Design Code (as the case may be).\nLegislative history\nNotes\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 these regulations (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 regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n25\nGazette 28.3.2017 p979 \n1.4.2017: r 2\n2017\n210\nGazette 1.8.2017 p3058\n1.10.2017: r 2\n2019\n17\nGazette 28.2.2019 p713\n1.7.2019: r 2\n2019\n174\nGazette 27.6.2019 p2550\n1.7.2019 immediately after 17/2019: r 2\n2020\n217\nGazette 18.6.2020 p3443\n18.6.2020: r 2\n2021\n191\nGazette 16.12.2021 p4431\n16.12.2021: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nheading\ninserted by 17/2019 r 4\n1.7.2019\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.10.2017\nPt 2\n\n\nheading\ninserted by 17/2019 r 5\n1.7.2019\nr 6\ninserted by 210/2017 r 4\n1.10.2017\nPt 3\ninserted by 17/2019 r 6\n1.7.2019\nr 8\n\n\nr 8(1a)\ninserted by 174/2019 r 4(1)\n1.7.2019\nr 8(2a)\ninserted by 174/2019 r 4(2)\n1.7.2019\nr 8(3)\nvaried by 174/2019 r 4(3)\n1.7.2019\nr 8(5)\nsubstituted by 174/2019 r 4(4)\n1.7.2019\n\nvaried by 217/2020 r 4\n18.6.2020\nPt 4\ninserted by 17/2019 r 6\n1.7.2019\nr 11\n\n\nr 11(3)\nvaried by 217/2020 r 5(1)\n18.6.2020\nr 11(3a)\ninserted by 217/2020 r 5(2)\n18.6.2020\nr 11(4)\nsubstituted by 217/2020 r 5(3)\n18.6.2020\nr 11(4a)\ninserted by 217/2020 r 5(4)\n18.6.2020\nr 11(5)\nvaried by 217/2020 r 5(5)\n18.6.2020\nr 11(6)\nvaried by 217/2020 r 5(6)\n18.6.2020\nr 11(7) and (8)\ninserted by 174/2019 r 5\n1.7.2019\nr 11A\ninserted by 191/2021 r 4\n16.12.2021\nr 15\ninserted by 174/2019 r 6\n1.7.2019\nHistorical versions\n1.10.2017\n\n1.7.2019\n\n18.6.2020\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations have grown significantly beyond their original scope. Initially focused on basic transitional matters (Parts 1-2 covered Greater Adelaide definitions and assessment panel transitions), the instrument has expanded to include: Part 3 (Development Plan Amendments) added in 2019 to handle DPA adoption processes; Part 4 (Staged Commencement) added in 2019 with complex geographic phasing rules; regulation 11A added in 2021 specifically for major development authorisations; and regulation 15 added in 2019 for statutory interpretation of references. The original 2017 version was a simple 6-regulation document. It is now a comprehensive 15-regulation framework with multiple interpretation sections and complex conditional provisions, effectively becoming a permanent parallel planning code rather than a simple 'bridge' between old and new systems."},"complexity_factors":["Heavy cross-referencing between the repealed Development Act 1993 and the new PDI Act 2016, including multiple Schedules (Schedule 7, Schedule 8)","Multiple defined terms across different Parts (Act, PDI Act, DPA, relevant day, existing major development authorisation)","Nested conditional logic with multiple subregulations (e.g., regulation 11 has 8 subregulations with nested clauses (a)-(d) and exceptions)","Time-bound transitional provisions with specific cut-off dates (1 April 2017, 1 October 2017, 1 July 2021) that create different legal regimes depending on when actions occurred","Geographic complexity: different rules apply depending on whether development spans areas where the new system has started versus areas still under the old system (regulations 10-11)","Multiple amendments tracked in legislative history (6 sets of variations since 2017) showing evolving complexity","Conceptual difficulty: requires understanding of both the old and new planning systems simultaneously to interpret any single provision"],"plain_english_summary":"These regulations manage the switch-over from South Australia's old planning system (under the Development Act 1993) to the new one (under the Planning, Development and Infrastructure Act 2016).\n\n**What it does:**\n- **Bridge the gap:** When laws change, there are always projects and applications caught mid-process. These rules ensure those don't fall through the cracks.\n- **Phased rollout:** The new system doesn't start everywhere at once. It kicks in area-by-area as old Development Plans are revoked. Until then, the old rules keep running in that area.\n- **Finishing old business:** If you applied for a development approval under the old law but it's not decided yet when the new system starts in your area, your application keeps going under the old rules—but the final decision counts as a decision under the new law.\n- **Saving heritage and trees:** Local heritage places and significant trees protected under old Development Plans automatically carry over into the new Planning and Design Code when an area switches over.\n- **Major projects:** Special rules ensure large developments already approved under the old system (like mining or major construction) can still be modified or cancelled under the new law.\n- **Updating references:** Ensures that documents referring to the old Act or old plans are read as referring to the new ones where appropriate.\n\n**Who it affects:**\n- Property developers with pending applications\n- Local councils managing planning panels\n- Anyone owning heritage-listed properties or significant trees\n- The State Planning Commission and the Minister for Planning\n\n**Why it matters:**\nWithout these transitional rules, thousands of development applications, heritage protections, and planning decisions would have been left in legal limbo when the new Act started. This ensures continuity and certainty during a massive overhaul of South Australia's planning system."},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The regulations have been expanded since initial publication to add detailed transitional mechanics and additional subject-matter beyond a simple handover. Notable scope growth includes:\n- Detailed Ministerial adoption/approval pathways for Development Plan Amendments and explicit rules for integrating DPAs into the new Planning and Design Code (added/varied provisions in reg 8, 2019 amendments).\n- A comprehensive staged commencement regime with area‑by‑area \"relevant day\" mechanics, overlap handling, accreditation transitional rules, and procedural conversion rules for ongoing applications (Part 4; significant variations inserted 2019 and 2020 — regs 10–11 and their subregs).\n- An express provision preserving and converting existing major development authorisations and their supporting materials into the PDI Act framework (reg 11A, inserted 2021).\n- Added automatic migration and Gazette-notice process for local heritage places and significant trees into the Planning and Design Code (regs 12–13).\nThese additions move the instrument from a short bridge to a detailed operational rulebook for transition, increasing the regulatory reach into how past instruments, decisions and technical documents are treated under the new planning regime (see regs 8, 10–11, 11A, 12–13)."},"complexity_factors":["Multiple cross-references to two statutes (the PDI Act and the repealed Development Act 1993) and to various Schedules and sections (e.g. Schedule 8, cls 9,12,13)","Staged commencement mechanism centred on a variable \"relevant day\" with many area-specific consequences (reg 10 and reg 11 subsections)","Transitional mapping of instruments and documents (EIS/PER/DR, Assessment Reports) into the new Act with conversion rules (reg 11A)","Ministerial discretion and conditional procedures for adopting/approving Development Plan Amendments into the Planning and Design Code (reg 8(1)/(1a)–(3))","Numerous exceptions and savings provisions (continuation of applications, overlap rules, appeals preserved) creating nested conditional logic (reg 11(2)–(6), reg 14)","Temporary reliefs for accreditation requirements for panel members and assessment managers until the relevant day (reg 11(8))","Automatic translation of discrete planning items (local heritage places, significant trees) into the new Code with separate Gazette notice process and ability for later amendment (regs 12–13)","Multiple amendments over time (2019, 2020, 2021) reflected in varied/regenerated provisions increasing interpretive layers and historical variants (legislative history)"],"plain_english_summary":"**What these regulations do (mechanics first)**\n\n- Put in place transitional rules to move from the old Development Act 1993 and its regulations to the new Planning, Development and Infrastructure Act 2016 (the PDI Act) and the new Planning and Design Code. (See regs 3, 10–11, 15.)\n\n- Define how particular items created under the old law continue to operate after the new law starts, including Development Plan Amendments (DPAs), existing development authorisations, heritage place listings, and significant tree listings. Key mechanics:\n  - Councils can ask the Minister to adopt or alter DPAs prepared under the old Act and have those changes implemented in the new Planning and Design Code (reg 8(1)–(3), (1a)–(2a)). The Minister may publish amendments to the Planning and Design Code by Gazette notice and they take effect when published on the SA planning portal (reg 8(2)–(3)).\n  - Where a Development Plan is revoked and the PDI Act starts to apply in an area, development in that area is assessed under the PDI Act from the day the revocation takes effect (the “relevant day”) (reg 10(1)). Until revocation, the old Development Plan and the repealed Act continue to apply (reg 10(1)(b)).\n  - Applications already underway under the old Act may generally be continued and completed under the repealed Act’s processes but are converted to be treated as decisions under the PDI Act once decided (reg 11(2), (4)). Some forms and procedural rules under the PDI Act are applied to those ongoing matters (reg 11(2)(a)–(b)).\n  - Existing major development authorisations granted under the repealed Act are carried forward and treated as if they were authorisations under the PDI Act; supporting documents like EIS/PER/DR and Assessment Reports are likewise carried over (reg 11A(1)).\n  - Places of local heritage value and significant trees that were designated under revoked Development Plans are taken to be designated under the Planning and Design Code on the relevant day and the Minister may Gazette-code those inclusions (regs 12–13).\n  - Transitional arrangements for development assessment panels, accreditation of panel members and assessment managers, and appeals rights are specified, including temporary continuation of existing panels until new local assessment panels are constituted (reg 6; reg 11(8); reg 14).\n  - Cross-references in other instruments to the old Act, to the Planning Strategy or to a Development Plan are taken to include corresponding references to the PDI Act, state planning policies or the Planning and Design Code, respectively, unless the context requires otherwise (reg 15).\n\n**Who it affects**\n\n- State and local government decision-makers: the Minister, the South Australian Planning Commission (the Commission), councils, local and regional assessment panels, and the Development Assessment Commission — because the regulations allocate decision-making roles, notify when accreditation is required, and set processes for adopting DPAs (regs 6, 8, 10–11, 11A, 11(8)).\n\n- Developers and applicants with existing or prospective development proposals: the regulations determine whether an application is assessed under the old Act or the PDI Act, preserve some rights and documents from the old regime, and set who the relevant authority will be for particular applications (regs 10–11, 11A, 14).\n\n- Property owners and heritage stakeholders: local heritage places and significant trees identified under revoked Development Plans are automatically treated as included in the new Code on the relevant day, subject to later amendment (regs 12–13).\n\n**Why it matters (official purpose, then practical effects and trade-offs)**\n\n- Officially, these are transitional provisions intended to ensure continuity of decision-making and legal effect when the new planning statute and the Planning and Design Code replace the older statute and Development Plans. They preserve existing authorisations, bring across assessment material, and set the staged timetable for when the new law applies in specific areas (regs 10–11, 11A).\n\n- Practical effects and trade-offs to note:\n  - Who decides and when: The Minister and the Commission retain substantial discretion during transition — for example, the Minister can adopt or alter DPAs prepared under the repealed Act and direct how those amendments appear in the Planning and Design Code (reg 8). That concentrates decision power during the transition and shapes the immediate content of the new Code.\n  - Continuity vs uncertainty: Existing applications and major development approvals are preserved and converted into the PDI Act framework, which reduces abrupt legal gaps (regs 11(2), 11(4), 11A). But the conversion process changes some procedural elements (e.g. notice forms and which PDI Act sections apply), which can produce temporary uncertainty for applicants and authorities about which procedural rules govern (reg 11(2)(a)–(b)).\n  - Administrative and compliance costs: Councils that prepared DPAs under the old Act may need to apply to the Minister to have those amendments adopted into the new Code, follow Minister-determined application requirements, and potentially accept Minister alterations to the DPA (reg 8(1)). Developers and councils face administrative effort tracking the “relevant day” for particular areas because the law changes on a per-area basis when a Development Plan is revoked (reg 10(1)).\n  - Timing and staged rollout: The staged commencement approach (the “relevant day” for each area) means different rules will apply in different places at different times. That reduces system-wide shock but increases complexity for multi-area developments and for businesses operating across municipal boundaries (reg 11(5)–(6)).\n  - Preservation of technical work: Environmental impact statements, assessment reports and other documents prepared under the repealed Act are carried forward for existing major developments, reducing the need to re-run technical assessment processes (reg 11A(1)(c)–(d)). This lowers duplication cost but preserves legacy material that the new Act may treat differently.\n  - Heritage and tree protections: Automatic translation of local heritage places and significant trees into the new Code maintains protections without requiring immediate new procedures, but the Minister may later alter the Code entries (regs 12–13).\n\n**Implementation risks and behavioural incentives**\n\n- Risk of interpretive disputes about the “relevant day” for a particular area and whether an application is to proceed under the old or new rules, particularly for developments spanning multiple areas (reg 10(1); reg 11(5)–(6)).\n\n- Incentive for applicants to time lodgement: applicants may attempt to lodge or finalise applications to take advantage of whichever regime is more favourable (old Development Plan rules vs new Planning and Design Code rules), because the rules that apply depend on the relevant day and on when a Development Plan is revoked (reg 10(1)–(2); reg 11(2), (4)).\n\n- Concentrated decisions by the Minister (adoption/alteration of DPAs; Gazette amendments to the Code) create potential single-point influence on content; affected councils and local communities must engage with Ministerial processes rather than solely local procedures (reg 8(1)–(3), reg 12(2), reg 13(2)).\n\n**Net practical takeaway**\n\n- These regulations do not remake planning policy; they manage the legal and administrative handover from the old statutory regime to the PDI Act and the Planning and Design Code. If you are a developer, council officer, landowner, or adviser, the rules determine which statute applies to a given application, how existing approvals and documents carry forward, what decision-maker applies, and how local heritage and tree protections are migrated into the new Code (see regs 8, 10–11, 11A, 12–13). Prepare to check the “relevant day” for any area you are dealing with, and expect some matters to require Ministerial action to be given effect in the new Code (regs 8, 10)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not retrievable. Based on the title alone, transitional provisions regulations are typically narrow in scope by design — they manage a defined changeover period and are not intended to create broad new legal rights or obligations beyond facilitating the transition between planning regimes."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Planning, Development and Infrastructure (Transitional Provisions) Regulations 2017 (SA) set out how to manage the switch from South Australia’s old planning regime to the new system under the Planning, Development and Infrastructure Act 2016. They govern how existing applications, approvals and processes are treated during the changeover, affecting developers, landowners, councils and planning authorities—critical for knowing which rules apply to ongoing matters."}},"importantCases":[],"_links":{"self":"/api/acts/planning-development-and-infrastructure-transitional-provisions-regulations-2017","history":"/api/acts/planning-development-and-infrastructure-transitional-provisions-regulations-2017/history","analysis":"/api/acts/planning-development-and-infrastructure-transitional-provisions-regulations-2017/analysis","conflicts":"/api/acts/planning-development-and-infrastructure-transitional-provisions-regulations-2017/conflicts","importantCases":"/api/acts/planning-development-and-infrastructure-transitional-provisions-regulations-2017/important-cases","documents":"/api/acts/planning-development-and-infrastructure-transitional-provisions-regulations-2017/documents"}}