Div 2AProtection of Crown and Anchor Hotel as live music venue and development of surrounding land

Division 2A—Protection of Crown and Anchor Hotel as live music venue and development of surrounding land 135A—Protection of Crown and Anchor Hotel as live music venue and development of surrounding land (1) Subject to this section, development authorisation must not be granted for a proposed development involving— (a) the whole or partial demolition of the Crown and Anchor Hotel building; or (b) development involving the addition of 1 or more storeys above the Crown and Anchor Hotel building; or (c) a change in the use of the Crown and Anchor Hotel land, unless the Minister concurs in the granting of the authorisation. (2) The 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. (3) The 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. (4) The 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: (a) such development will be taken to be classified by the Planning and Design Code as deemed‑to‑satisfy development; (b) the Commission will be taken to be the relevant authority for the purposes of giving planning consent in relation to such development; (c) in 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. (5) Subject 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. (6) The 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: (a) section 36; (b) section 38A; (c) section 39A; (d) section 39B. (7) The following provisions apply in relation to the surrounding land: (a) development (including streetscape works) for the purposes of a significant student accommodation development on the surrounding land that— (i) through 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 (ii) has a maximum building height not exceeding 101 m; and (iii) consists of no more than 29 storeys; and (iv) complies, in the opinion of the Commission, with the Minister's section 135A criteria, will— (v) be taken to be classified by the Planning and Design Code as deemed‑to‑satisfy development; and (vi) be 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 (vii) not be subject to the operation of section 122; and (viii) not be taken to propose a change in the use of the surrounding land to a more sensitive use; (b) however, 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; (c) for the purposes of this subsection, the Planning and Design Code is modified in relation to the surrounding land such that— (i) the use of the land as student accommodation is a desirable use of the land; and (ii) the 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; (d) the 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; (e) the Heritage Places Act 1993 does not apply in relation to any place on the surrounding land; (f) a 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. (8) For the purposes of subsection (7), the Minister must publish on the SA planning portal the Minister's section 135A criteria. Crown and Anchor Hotel building means the building on the Crown and Anchor Hotel land; Crown and Anchor Hotel land means the area of land comprised and described in Certificate of Title Volume 6121 Folio 144; relevant evidence, in relation to a significant student accommodation development, includes evidence provided by the applicant for the development as to how the development— (a) responds to its surrounding context and contributes to the quality and character of the place where it is to be located; and (b) contributes to inclusiveness, connectivity and universal design of the built environment; and (c) enables buildings and places that are fit for purpose, adaptable and long‑lasting; and (d) adds value to the area by positively contributing to places and communities; and (e) optimises performance and public benefit; and (f) supports sustainable and environmentally responsible development; significant 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; South Australian Heritage Register means the Register under the Heritage Places Act 1993; State Heritage Place has the same meaning as in the Heritage Places Act 1993; surrounding land means the area of land comprised and described in Certificate of Title Volume 5962 Folio 461. Division 3—Trees 136—Urgent work in relation to trees (1) If a tree-damaging activity must be undertaken in relation to a regulated tree as a matter of urgency— (a) to protect any person or building; or (b) in any other circumstance of a prescribed kind, a person may, despite any other provision of this Act (but subject to subsection (2)), undertake the activity. (2) If an activity is undertaken under subsection (1)— (a) the person who undertakes the activity must notify the relevant authority in accordance with the regulations; and (b) the activity must, so far as is reasonably practicable, be undertaken to cause the minimum amount of damage to the tree; and (c) except 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. 137—Interaction of controls on trees with other legislation (1) The 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. (2) The 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— (a) under Part 5 of the Electricity Act 1996; or (b) under, or in connection with the operation of, an order under section 254 or 299 of the Local Government Act 1999; or (c) under another Act, or specified provisions of another Act, prescribed by the regulations for the purposes of this subsection. Division 4—Land division certificate 138—Land division certificate (1) Subject 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. (2) Before 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. (3) A certificate will be issued in the prescribed manner and form. (4) The 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. (5) The Commission may give a certificate under subsection (1) in relation to a particular stage of a development constituted by the division of land. (6) A 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. Division 5—Access to land 139—Activities that affect stability of land or premises (1) This 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). (2) In a case where this section applies— (a) the 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 (b) subject 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 (c) before 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 (d) subject 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 (e) a 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. (3) Another 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). (4) A 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. 140—Access to neighbouring land—general provision (1) This 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— (a) an 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 (b) any building work with respect to the relevant place; or (c) any other prescribed activity. (2) In 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. (3) The notice must be in the prescribed form and must— (a) state the reason for which access is sought; and (b) propose a time at which, or a period for which, access is sought; and (c) provide information about— (i) who would be entering the adjoining allotment if access were to be provided; and (ii) what they would bring with them; and (iii) what activity or work would be carried out; and (d) set out any other information required by the regulations. (4) If a person who is served with a notice under subsection (2)— (a) does not respond to the notice within the prescribed period; or (b) responds to the notice by— (i) refusing access; or (ii) proposing alternative arrangements for access that are considered to be unreasonable, the person seeking access may apply to the Court for an authorisation to gain access under this section. (5) On 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. (6) A 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. (7) A person must not, without reasonable excuse, fail to comply with an authorisation issued by the Court under this section. (8) A 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. (9) A person must, in exercising a power to enter land under this section, insofar as is reasonably practicable, minimise disturbance to the land. (10) A 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. (11) This 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. (12) This section does not limit the operation of section 139. Division 6—Uncompleted development 141—Action if development not completed (a) an approval is granted under this Act; but (b) — (i) the 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 (ii) in 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, a designated authority may apply to the Court for an order under this section. (2) The Court must give the following persons a reasonable opportunity to be heard at the hearing of an application under this section: (a) the applicant; (b) any owner or occupier of the relevant land; (c) any other person who satisfies the Court that he or she has a material interest in the proceedings. (3) The Court may, on the hearing of the application— (a) require the removal or demolition of any building; (b) require 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; (c) extend, on such conditions (if any) as the Court thinks fit, the period within which the development may be completed; (d) require the performance of any work; (e) require the making of any application for an appropriate development authorisation under this Act; (f) make any further or other order the Court thinks fit. (4) A person who contravenes, or fails to comply with, an order under this section is guilty of an offence. (5) If 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. (6) If an amount is recoverable from a person by a designated authority under subsection (5)— (a) the 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 (b) the 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. (a) a council; or (c) the Commission; or (d) the Minister. 142—Completion of work (a) an approval is granted under this Act; but (b) the 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, a 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. (2) If 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. (3) The 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. (4) If an amount is recoverable from a person by a designated authority under this section— (a) the 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 (b) the 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. (5) A person who has been served with a notice under this section may appeal to the Court against the notice. (6) An 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. (a) a council; or (c) the Commission; or (d) the Minister.