Part 13—Authorised officers
35—Authorised officers
A person who, immediately before the designated day, held an appointment as an authorised officer under the repealed Act will be taken to have been appointed as an authorised officer under section 210 of this Act (and will hold that office subject to the other provisions of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).
Part 14—Advisory committees
36—Advisory committees
A 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).
Part 15—Other matters
37—Proclamation of open space
A 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or section 29 of the Town Planning Act 1929) will continue in force and effect as if the Planning Act 1982 had not been repealed (and that Act will be taken to continue to apply in relation to any such proclamation).
38—Metropolitan Adelaide
On 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.
39—References to applications and approvals
(1) On 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day, a reference in any Act, statutory instrument or other document or instrument to an application under the repealed Act, or to any assessment, decision, permission, consent, approval, authorisation or certificate under the repealed Act, will, unless the context otherwise requires, be taken to include a reference to an application under this Act, or to any assessment, decision, permission,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).
(2) Without limiting subclause (1), on and after the designated day—
(a) a 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or other document or instrument to development plan consent (or provisional development plan consent) under the repealed Act will, unless the context otherwise requires, be taken to include a reference to planning consent under this Act or a corresponding consent or approval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
(b) a 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.
(3) On 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).
40—Conditions
A 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).
41—General saving provision
Subject 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.
42—General provisions apply
The 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).
43—Regulations
(1) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
(2) A 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.
(3) To 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—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
Legislative history
Notes
• This version is comprised of the following:
Schedules
• In this version provisions that are uncommenced appear in italics.
• Amendments of this version that are uncommenced are not incorporated into the text.
• Please 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.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or .
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
21.4.2016
1.4.2017 (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
Statutes Amendment (Planning, Development and Infrastructure) Act 2017
28.2.2017
Pt 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)
Planning, Development and Infrastructure (State Planning Policy) (Biodiversity) Amendment Act 2017
Planning, Development and Infrastructure (Commencement of Code) Amendment Act 2020
Statutes Amendment (Local Government Review) Act 2021
17.6.2021
Pt 8 (ss 200 & 201)—20.9.2021 (Gazette 16.9.2021 p3548)
Hydrogen and Renewable Energy Act 2023
23.11.2023
Sch 1 (cll 13 to 15)—11.7.2024 (Gazette 11.7.2024 p2114)
Planning, Development and Infrastructure (Designated Live Music Venues and Protection of Crown and Anchor Hotel) Amendment Act 2024
Planning, Development and Infrastructure (Environment and Food Production Areas) Amendment Act 2025
22.5.2025: s 2
State Development Coordination and Facilitation Act 2025
Sch 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)
Statutes Amendment (Heritage) Act 2025
26.6.2025
Pt 3 (ss 14 & 15)—uncommenced
Biodiversity Act 2025
26.6.2025
Sch 5 (cll 84 to 88)—uncommenced
Statutes Amendment (Planning, Infrastructure and Other Matters) Act 2025
27.11.2025
Pt 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
Provisions amended
New entries appear in bold.
Provision
How varied
Commencement
Pt 1
Part Part 13 - Planning Development and Infrastructure Act 2016 - Authorised officers | Zoe
allotment
amended by 64/2025 s 8(1)
CGO
inserted by 23/2025 Sch 3 cl 1
statutory instrument
amended by 18/2025 s 3
s 3(1a)
inserted by 64/2025 s 8(2)
s 7
s 7(1)
substituted by 18/2025 s 4(1)
s 7(3)
amended by 18/2025 s 4(2)—(4)
s 7(4)
amended by 18/2025 s 4(5)
s 7(5)
amended by 18/2025 s 4(6)—(8)
s 7(7)
amended by 18/2025 s 4(9)
s 7(8)
amended by 18/2025 s 4(10), (11)
Pt 2
s 12
s 12(2)
amended by 64/2025 s 9
Pt 3
s 28
s 28(1)
s 28 redesignated as s 28(1) by 64/2025 s 10
s 28(2)
inserted by 64/2025 s 10
s 42
s 42(2)
amended by 64/2025 s 11
Pt 4
s 48
s 48(1)
amended by 64/2025 s 12(1)
s 48(2)
amended by 64/2025 s 12(2), (3)
s 54
s 54(1)
amended by 64/2025 s 13
Pt 5
s 58
s 58(1)
amended by 5/2017 s 4(1)
s 58(3)
amended by 5/2017 s 4(2), (3)
s 59
s 59(1)
amended by 5/2017 s 5
s 60
amended by 5/2017 s 6
s 62A
inserted by 58/2017 s 3
s 63
s 63(1)
amended by 5/2017 s 7(1), (2)
s 63(2)
amended by 5/2017 s 7(3)
s 63(3)
amended by 5/2017 s 7(4)
s 63(4)
(a) deleted by 5/2017 s 7(5)
s 64
s 64(2a)—(2c)
inserted by 18/2025 s 5(1)
s 64(3)
amended by 18/2025 s 5(2)
s 71
amended by 64/2025 s 14
s 73
s 73(1)
amended by 5/2017 s 8(1)
s 73(2)
amended by 5/2017 s 8(2)
s 73(3a)
inserted by 64/2025 s 15(1)
s 73(11)
substituted by 64/2025 s 15(2)
s 74
s 74(3)
amended by 64/2025 s 16(1), (2)
s 75
s 75(1)
amended by 64/2025 s 17(1), (2)
s 75(2a)
inserted by 23/2025 Sch 3 cl 2
amended by 64/2025 s 17(3)
s 76
s 76(1)
amended by 27/2024 s 2
amended by 64/2025 s 18(1), (2)
s 76(2a)
inserted by 23/2025 Sch 3 cl 3(1)
s 76(4)
amended by 23/2025 Sch 3 cl 3(2)
deleted by 64/2025 s 18(3)
s 76(4a)
inserted by 23/2025 Sch 3 cl 3(3)
s 78
s 78(1)
amended by 5/2017 s 9
s 78(3)
deleted by 64/2025 s 19(1)
s 78(9)
deleted by 64/2025 s 19(2)
s 80
s 80(1)
amended by 64/2025 s 20
s 80(4)
amended by 64/2025 s 20
Pt 6
s 82
amended by 64/2025 s 21
s 83
s 83(2a)
inserted by 26/2021 s 200
s 84
s 84(1a)
inserted by 26/2021 s 201
s 88
s 88(1)
amended by 64/2025 s 22(1)
s 88(2)
amended by 64/2025 s 22(1), (2)
s 94
s 94(1)
amended by 23/2025 Sch 3 cl 4(1)
s 94(2)
amended by 23/2025 Sch 3 cl 4(2)—(5)
s 94(3)
amended by 23/2025 Sch 3 cl 4(6), (7)
s 99
note
inserted by 64/2025 s 23
Pt 7
s 102
s 102(1)
amended by 64/2025 s 24(1)—(5)
(f) deleted by 64/2025 s 24(6)
s 102(3)
amended by 64/2025 s 24(7)
s 102(6)
substituted by 64/2025 s 24(8)
s 102(7)
deleted by 64/2025 s 24(8)
s 106
s 106(1)
amended by 64/2025 s 25(1)
s 106(1a)
inserted by 64/2025 s 25(2)
s 107
s 107(1)
amended by 64/2025 s 26(1)
s 107(6)
substituted by 64/2025 s 26(2)
s 108
s 108(1)
amended by 23/2025 Sch 3 cl 5
s 113
s 113(8)
amended by 64/2025 s 27(1)
s 113(9)
s 113(10)
s 113(11)
deleted by 64/2025 s 27(3)
s 113(12)
s 114
s 114(3)
amended by 64/2025 s 28
s 119
s 119(13)
substituted by 64/2025 s 29
s 120
s 120(2a)—(2c)
inserted by 64/2025 s 30
s 122
s 122(12)
amended by 64/2025 s 31
s 125
s 125(10)
substituted by 18/2025 s 6
s 127
s 127(3a) and (3b)
inserted by 27/2024 s 3(1)
s 127(9)
inserted by 27/2024 s 3(2)
Pt 8
s 130
s 130(4a) and (4b)
inserted by 64/2025 s 32(1)
s 130(19a)
inserted by 64/2025 s 32(2)
s 130(20a)
inserted by 64/2025 s 32(3)
s 130(24)
amended by 64/2025 s 32(4)
s 130(24a)
inserted by 64/2025 s 32(5)
s 130(25)
amended by 64/2025 s 32(6)
Pt 9
s 131
s 131(5a) and (5b)
inserted by 64/2025 s 33(1)
s 130(20a)
inserted by 64/2025 s 33(2)
s 130(21a)
inserted by 64/2025 s 33(3)
s 131(24)
amended by 64/2025 s 33(4)
s 131(24a)
inserted by 64/2025 s 33(5)
s 131(25)
amended by 64/2025 s 33(6)
Pt 10
Pt 10 Div 1
s 132
s 132(a1)
inserted by 64/2025 s 34(1)
s 132(1)
amended by 64/2025 s 34(2)
s 132(2)
amended by 64/2025 s 34(3)
Pt 10 Div 2A
inserted by 27/2024 s 4
Pt 10 Div 4
s 138
s 138(1)
amended by 64/2025 s 35(1), (2)
s 138(1a) and (1b)
inserted by 64/2025 s 35(3)
s 138(2)
amended by 64/2025 s 35(4)
Pt 11
s 153
s 153(2)
substituted by 64/2025 s 36
s 154
s 154(1)
amended by 64/2025 s 37
Pt 12
heading amended by 37/2023 Sch 1 cl 13
s 160
heading amended by 37/2023 Sch 1 cl 14(1)
s 160(1)
appropriate authority
amended by 37/2023 Sch 1 cl 14(2)
designated matter
designated mining matter amended to read designated matter by 37/2023 Sch 1 cl 14(3)
amended by 37/2023 Sch 1 cl 14(4)
relevant licence
inserted by 37/2023 Sch 1 cl 14(5)
s 160(2)
amended by 37/2023 Sch 1 cl 14(6)
s 160(3)
amended by 37/2023 Sch 1 cl 14(7), (8)
s 160(4)
amended by 37/2023 Sch 1 cl 14(9)
amended by 64/2025 s 38
s 160(5)
amended by 37/2023 Sch 1 cl 14(10), (11)
s 160(7)
amended by 37/2023 Sch 1 cl 14(12)
s 161
s 161(1)
substituted by 37/2023 Sch 1 cl 15(1)
s 161(2)
amended by 37/2023 Sch 1 cl 15(2)
s 161(3)
amended by 37/2023 Sch 1 cl 15(3)
s 161(3a)
inserted by 37/2023 Sch 1 cl 15(4)
s 161(5)
amended by 37/2023 Sch 1 cl 15(5)
s 161(6)
inserted by 37/2023 Sch 1 cl 15(6)
Pt 13
Pt 13 Div 1 Subdiv 1
s 162
s 162(1)
declared project
inserted by 23/2025 Sch 3 cl 6(1)
primary infrastructure
inserted by 23/2025 Sch 3 cl 6(1)
amended by 64/2025 s 39
s 162(1a)
inserted by 23/2025 Sch 3 cl 6(2)
Pt 13 Div 1 Subdiv 2
heading
amended by 23/2025 Sch 3 cl 7
s 163
heading
amended by 23/2025 Sch 3 cl 8
s 163(1)
amended by 64/2025 s 40(1), (2)
s 163(2)
amended by 64/2025 s 40(2)
s 163(3)
amended by 64/2025 s 40(3)
s 163(6)
amended by 64/2025 s 40(4)—(6), (8)—(10)
(d) deleted by 64/2025 s 40(7)
s 163(7)
amended by 64/2025 s 40(11)
s 163(9)
amended by 64/2025 s 40(12)—(14)
s 163(10)
amended by 64/2025 s 40(15)
(a)(ii) deleted by 64/2025 s 40(16)
s 163(10a)
inserted by 64/2025 s 40(17)
s 163(11)
substituted by 64/2025 s 40(18)
s 163A
inserted by 23/2025 Sch 3 cl 9
s 163A(2)
amended by 64/2025 s 41(1)
s 163A(4)
amended by 64/2025 s 41(2)—(4)
Pt 13 Div 1 Subdiv 4
s 165
s 165(1)
amended by 23/2025 Sch 3 cl 10(1), (2)
s 165(5)
deleted by 23/2025 Sch 3 cl 10(3)
s 165A
inserted by 64/2025 s 42
s 166
s 166(1)
amended by 64/2025 s 43(1)
s 166(1a)
inserted by 64/2025 s 43(2)
s 166(2)
amended by 23/2025 Sch 3 cl 11(1)—(3)
amended by 64/2025 s 43(3)
s 166(5)
amended by 64/2025 s 43(4)
s 166(5a) and (5b)
inserted by 64/2025 s 43(5)
Pt 13 Div 1 Subdiv 5
s 167
s 167(3a)—(3g)
inserted by 64/2025 s 44
s 167(7)
amended by 23/2025 Sch 3 cl 12(1)
(b) deleted by 23/2025 Sch 3 cl 12(2)
s 167(12)
deleted by 23/2025 Sch 3 cl 12(3)
s 167A
inserted by 64/2025 s 45
Pt 13 Div 1 Subdiv 5
s 168
s 168(1)
amended by 64/2025 s 46(1)
s 168(4)
inserted by 64/2025 s 46(2)
Pt 13 Div 1 Subdiv 6
s 169
s 169(1)
amended by 23/2025 Sch 3 cl 13(1)
amended by 64/2025 s 47
s 169(5)—(7)
amended by 23/2025 Sch 3 cl 13(2)
s 169(8)
amended by 23/2025 Sch 3 cl 13(3), (4)
s 169(9)
substituted by 23/2025 Sch 3 cl 13(5)
s 169(10)
amended by 23/2025 Sch 3 cl 13(6)
s 169(20)
amended by 23/2025 Sch 3 cl 13(2)
Pt 13 Div 1 Subdiv 7
s 173
s 173(1)
amended by 23/2025 Sch 3 cl 14
Pt 15
s 198
s 198(2)
substituted by 64/2025 s 48(1)
s 198(8)
amended by 64/2025 s 48(2)
Pt 16
s 202
s 202(1)
amended by 64/2025 s 49
Pt 18
s 225
s 225(16)
deleted by 64/2025 s 50(1)
s 225(17)
amended by 64/2025 s 50(2)
s 225(18)
deleted by 64/2025 s 50(3)
s 230
s 230(13)
deleted by 64/2025 s 51(1)
s 230(14)
amended by 64/2025 s 51(2)
s 230(15)
deleted by 64/2025 s 51(3)
Pt 20
s 242A
inserted by 64/2025 s 52
s 245A
inserted by 64/2025 s 53
Sch 1
cl 1
cl 1(1)
amended by 64/2025 s 54(1), (2)
relevant official
amended by 64/2025 s 54(3)
Sch 3
cl 1
cl 1(1)
amended by 64/2025 s 55(1)—(3)
cl 1(3)
(c) deleted by 64/2025 s 55(4)
Sch 4A
inserted by 27/2024 s 5
Sch 7
expired: Sch 7 cl 1(3)—omitted under Legislation Revision and Publication Act 2002
(1.4.2019)
Sch 8
inserted by 5/2017 s 10
1.4.2017 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
cl 9
cl 9(1)
amended by 5/2020 s 3(1)
cl 9(2)
amended by 5/2020 s 3(2)
cl 9(6)
amended by 5/2020 s 3(3)
cl 25
will expire: cl 25(4)
cl 25(4)
amended by 5/2020 s 3(4)
cl 25(5)
amended by 5/2020 s 3(5)
cl 25(6)
amended by 5/2020 s 3(6)
cl 31
cl 31(4)
amended by 5/2020 s 3(7)
Transitional etc provisions associated with Act or amendments
Planning, Development and Infrastructure (Environment and Food Production Areas) Amendment Act 2025, Sch 1—Transitional provisions
In this Schedule—
commencement day means the day on which this clause comes into operation;
principal Act means the Planning, Development and Infrastructure Act 2016.
2—Environment and food production areas
(1) Despite 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.
(2) The 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).
(3) The 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).
(4) In 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.
(5) In this clause—
former 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);
relevant 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.
3—Regional plan for Greater Adelaide
The 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.
Statutes Amendment (Planning, Infrastructure and Other Matters) Act 2025, Pt 5
56—Transitional provisions
(1) The 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).
(2) The 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).
(3) To avoid doubt—
(a) this section applies despite section 132 of the principal Act; and
(b) a reference in this section to a provision of the principal Act includes a reference to a legislative instrument made in connection with the provision.
(4) In this section—
principal Act means the Planning, Development and Infrastructure Act 2016.
Editorial note—
Subclause (2) had not come into operation at the date of the publication of this version.
Historical versions
1.4.2017