Div 4Practice directions and practice guidelines

Division 4—Practice directions and practice guidelines 42—Practice directions (1) The Commission may issue practice directions for the purposes of this Act. (2) Without 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. (3) Without 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. (4) A practice direction— (a) must be— (ii) published on the SA planning portal; and (b) may be varied or revoked by the Commission from time to time by a further instrument— (ii) published on the SA planning portal. (5) A practice direction does not give rise to— (a) any liability of, or other claim against, the Commission; or (b) any right, expectation, duty or obligation that would not otherwise be available to a person. 43—Practice guidelines (1) The Commission may, with the approval of the Minister, make practice guidelines with respect to the interpretation, use or application of— (a) the Planning Rules; or (b) the Building Rules. (2) Without limiting subsection (1), a practice guideline may— (a) make 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 (b) specify variations that will, in relation to deemed‑to‑satisfy development, constitute minor variations. (3) If 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). (4) A practice guideline— (a) must be— (ii) published on the SA planning portal; and (b) may be varied or revoked by the Commission from time to time by further instrument— (ii) published on the SA planning portal. (5) A practice guideline does not give rise to— (a) any liability for, or claim against, the Commission; or (b) any right, expectation, duty or obligation that would not otherwise be available to a person.