Part 7Development assessment—general scheme

Part 7—Development assessment—general scheme Division 1—Approvals 101—Development must be approved under this Act Subject to this Act, no development may be undertaken unless the development is an approved development. 102—Matters against which development must be assessed (1) Subject 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): (a) — (i) the relevant provisions of the Planning Rules; and (ii) to the extent provided by Part 7 Division 2—the impacts of the development; and (iii) if relevant, requirements applying under Part 15 Division 2 (other than under section 198), (planning consent); (b) the relevant provisions of the Building Rules (building consent); (c) in 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): (i) requirements set out in the Planning and Design Code made for the purposes of this provision are satisfied; (ii) any relevant requirements set out in a design standard has been satisfied; (iii) the 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; Requirements 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. (iiia) requirements applying under section 198; (iv) where land is to be vested in a council or other authority—the council or authority consents to the vesting; (v) requirements set out in regulations made for the purposes of this provision are satisfied; (d) in 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): (i) requirements set out in the Planning and Design Code made for the purposes of this provision are satisfied; (ii) any relevant requirements set out in a design standard has been satisfied; (iii) any 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; (iv) where land is to be vested in a council or other authority—the council or authority consents to the vesting; (v) a 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; (vi) the 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; (vii) the 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; Requirements 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. (viia) requirements applying under section 198; (viii) any building situated on the land complies with the Building Rules; (ix) requirements set out in the regulations made for the purposes of this provision are satisfied; (e) any 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; (g) such other matters as may be prescribed. (2) An 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. (3) A 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— (b) until further assessment or consideration of the proposed development under another Act (including an Act of the Commonwealth); or (c) until 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). (4) A 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. (5) Any 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). (6) Subject to the regulations— (a) in relation to development that requires more than 1 consent under this Act, the consents need not be granted in any particular order; and (b) if 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. (8) A 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. (9) The 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. (10) An 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. (11) In addition— (a) subsection (10) does not apply in relation to an encroachment over public land; but (b) in 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. (12) In this section— public land means land that is under the care, control and management of— (a) an agency or instrumentality of the Crown; or (b) a council or other local government agency. Division 2—Planning consent Subdivision 1—Categories of development 103—Categories of development Development will be divided into 3 categories for the purposes of assessment in relation to planning consent as follows: (a) accepted development; (b) code assessed development; (c) impact assessed development. Subdivision 2—Accepted development 104—Accepted development (1) Development falls within the category of accepted development if it is classified by the Planning and Design Code or the regulations as accepted development. (2) Accepted development does not require planning consent. Subdivision 3—Code assessed development 105—Categorisation Development falls within the category of code assessed development if— (a) it is classified by the Planning and Design Code as deemed‑to‑satisfy development; or (b) it— (i) does not fall within the category of accepted development; and (ii) does not fall within the category of impact assessed development. 106—Deemed-to-satisfy assessment (1) Subject to subsection (1a), if a proposed development is classified as deemed‑to‑satisfy development, the development must be granted planning consent. (1a) If 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. (2) If 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). (3) A planning consent under this section must be granted without undertaking a process for public notification or submissions in relation to the proposed development. (4) A 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. (5) A 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. (6) Nothing in this section requires the assessment of an element of a development that may be classified as accepted development. 107—Performance assessed development (1) In 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. (2) In connection with subsection (1)— (a) to 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 (b) to 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 (c) to 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). (3) If a proposed development is to be assessed under this section— (a) subject 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— (i) an owner or occupier of each piece of adjacent land; and (ii) members of the public by notice placed on the relevant land; and (b) a 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 (c) if 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. (4) The subject matter of— (a) any notice required under subsection (3)(a); and (b) any representation under subsection (3)(b), must 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). (5) In 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. (6) The 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. (7) A 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. (8) To 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. (9) A practice direction may specify the form of any notice to be given under this section. (10) Nothing in this section requires the assessment of an element of a development that may be classified as accepted development Subdivision 4—Impact assessed development 108—Categorisation (1) Development falls within the category of impact assessed development if— (a) it is classified by the Planning and Design Code as restricted development; or (b) it is classified by the regulations as impact assessed development; or (c) it is declared by the Minister as being impact assessed development; or (d) it is declared under the State Development Coordination and Facilitation Act 2025 as being impact assessed development. (2) A declaration under subsection (1)(c)— (a) is made by notice published— (i) in the Gazette; and (ii) on the SA planning portal; and (b) to avoid doubt, may be made in relation to— (i) a development specified in the notice; or (ii) a kind of development specified in the notice (either in the State generally, or in a specified part of the State); or (iii) development generally within a specified part of the State. (3) If 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. (4) A 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). (5) A 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). (6) The Minister may vary or revoke a declaration under subsection (1)(c) by further notice published— (a) in the Gazette; and (b) on the SA planning portal. (7) A 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). (8) The 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). (9) The Minister must, in acting under subsection (1)(c), take into account principles prescribed by the regulations. 109—Practice direction to provide guidance (1) In connection with the operation of this Subdivision, the Commission must publish a practice direction with respect to— (a) in relation to restricted development— (i) the circumstances under which the Commission will be prepared to assess restricted development; and (ii) if 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 (b) in relation to impact assessed development (not being restricted development)— (i) requirements 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 (ii) any other requirements for assessing the level of impact of a development that is to be assessed as impact assessed development; and (iii) the information that must be provided by the proponent at the various stages assessed under this Act; and (c) any other matter prescribed by the regulations. (2) The Commission must, in acting under subsection (1)— (a) take into account principles and requirements prescribed by the regulations; and (b) in 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. 110—Restricted development (1) The 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. (2) Subject to this section, if proposed development is to be assessed as restricted development— (a) notice of the application for planning consent must be given, in accordance with the regulations, to— (i) an owner or occupier of each piece of adjacent land; and (ii) any 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 (iii) any other person of a prescribed class; and (iv) the public generally, including by notice placed on the relevant land; and (b) a 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 (c) if a representation is made under paragraph (b) (being a representation received in accordance with the regulations and within a period prescribed by the regulations)— (i) the 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 (ii) the 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. (3) If 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— (a) a copy of the application and any accompanying documents; and (b) a copy of any report prepared by or on behalf of the Commission in relation to the application, are published on the SA planning portal and available for inspection and downloading without charge. (4) Except as otherwise provided by the regulations, the subject matter of— (a) any notice required under subsection (2)(a); and (b) any representation under subsection (2)(b); and (c) any submissions made by a person who has made a representation under subsection (2)(c), must be limited to what should be the decision of the Commission as to planning consent in relation to the development. (5) 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. (6) If a person makes a representation under subsection (2)(b) in relation to any development under this section, the Commission must— (a) give the person notice of— (i) its decision on the application for development; and (ii) the date of the decision; and (iii) the person's appeal rights under this Act; and (b) give to the Court notice of— (i) its decision on the application for development; and (ii) the date of the decision; and (iii) the names and addresses of the person or persons who made representations to the Commission under that subsection. (7) An 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. (8) If 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. (9) A 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— (a) until the time within which any person who made any such representation may appeal against a decision to grant the development authorisation has expired; or (b) if an appeal is commenced— (i) until the appeal is dismissed, struck out or withdrawn; or (ii) until the questions raised by the appeal have been finally determined (other than any question as to costs). (10) The 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). (11) A 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. (12) To 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. (13) The Commission may determine the form of any notice to be given under this section. (14) The 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. (15) A 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. (16) An 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. (17) On an application under subsection (15)— (a) the Commission may adopt such procedures as the Commission thinks fit; and (b) the Commission is not bound by the rules of evidence and may inform itself as it thinks fit. (18) The Commission may, on a review under subsection (15)— (a) affirm the decision of its delegate; or (b) refer the matter back with a direction that the application for planning consent be assessed (and that direction will have effect according to its terms). (19) No appeal to the Court lies against— (a) a decision of a delegate under subsection (14); or (b) a decision of the Commission under subsection (18). 111—Impact assessment by Minister—procedural matters (1) This section applies in relation to impact assessed development (not being restricted development). (2) In a case where this section applies— (a) any 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 (b) Division 4 and Division 5 will not apply in relation to a development within the ambit of the relevant regulation or declaration; and (c) subject 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 (d) a proponent must lodge with the Minister an application that complies with the following requirements: (i) the application must be in a form determined by the Minister; (ii) the 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; (iii) the application must be accompanied by such plans, drawings, specifications or other documents as may be required by the Minister; and (e) an EIS must be prepared in relation to the proposed development. (3) The Minister may subsequently require the proponent to provide such additional documents, assessments or information (including calculations and technical requirements) as the Minister thinks fit. (4) The 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. (5) Nothing in this section limits the operation of section 115(2)(a). 112—Level of detail The Commission will determine the level of detail required in relation to an EIS after taking into account— (a) a practice direction published by the Commission in connection with this Subdivision; and (b) any views expressed by a person or body prescribed by the regulations for the purposes of this paragraph; and (c) any views expressed by the proponent after consultation in accordance with the regulations. 113—EIS process (1) This section applies if an EIS must be prepared in relation to a proposed development. (2) The Minister will, after consultation with the proponent— (a) require the proponent to prepare the EIS; or (b) determine that the Minister will arrange for the preparation of the EIS. (3) The EIS must be prepared in accordance with a practice direction published by the Commission in connection with this Subdivision. (4) The EIS must, subject to any practice direction, include a statement of— (a) the expected environmental, social and economic effects of the development; (b) the expected effects of the development on the climate and any proposed measures designed to mitigate or address those effects; (c) the extent to which the expected effects of the development are consistent with the provisions of— (i) any relevant state planning policy; and (ii) the relevant regional plan; and (iii) the Planning and Design Code; and (iv) any matters prescribed by the regulations; (d) if 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— (i) the objects of the Environment Protection Act 1993; and (ii) the general environmental duty under that Act; and (iii) relevant environment protection policies under that Act; (e) if 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; (f) the 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; (g) other particulars in relation to the development required— (i) by the regulations; or (ii) by the Minister. (5) After the EIS has been prepared, the Minister— (a) — (i) must, 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 (ii) must, 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 (iii) must refer the EIS to the relevant council (or councils), and to any prescribed authority or body; and (iv) may refer the EIS to such other authorities or bodies as the Minister thinks fit, for comment and report within the time prescribed by the regulations; and (b) must ensure— (i) that 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 (ii) that a copy of the EIS is published on the SA planning portal. (6) The Minister may undertake, or require the proponent to undertake, any other consultation in relation to the EIS as the Minister thinks fit. (7) The Minister must give to the proponent copies of all submissions made within a specified time limit. (8) The proponent must then prepare a written response to— (a) matters raised by a Minister, and any authority or body specified by the Minister, for consideration by the proponent; and (b) all submissions referred to the proponent under subsection (7), and provide a copy of that response to the Minister, which the Minister must ensure is published on the SA planning portal. (9) The Chief Executive must then prepare a report (an Assessment Report) that sets out or includes— (a) the Minister's assessment of the development; and (b) the Minister's comments (if any) on— (i) the EIS; and (ii) any submissions made under subsection (5); and (iii) the proponent's response under subsection (8); and (c) comments provided by the Environment Protection Authority, another Minister, a council or other authority or body for inclusion in the report; and (d) other comments or matter as the Minister or the Chief Executive thinks fit. (10) The Chief Executive must— (a) notify a person who made a written submission under subsection (5) of the availability of the Assessment Report; and (b) by public notice, give notice of the place or places at which copies of the Assessment Report are available for inspection and purchase; and (c) ensure that a copy of the Assessment Report is published on the SA planning portal. (12) If 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. 114—Amendment of EIS (1) An EIS, and the relevant Assessment Report, may be amended at any time in order to— (a) correct an error; or (b) take account of more accurate or complete data or technological or other developments not contemplated when the document was prepared; or (c) take account of an alteration to the original proposal; or (d) update the document on account of the length of time that has passed since the document was prepared (or last updated); or (e) make such other provision as may be necessary or appropriate given the content or purpose of an EIS or Assessment Report. (2) However— (a) the 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 (b) if 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. (3) If 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. (4) An amendment under this section may include the addition, variation, substitution or deletion of material. 115—Decision by Minister (1) This section applies to a proposed development that is classified as impact assessed development (other than restricted development). (2) The Minister may, in relation to a development to which this section applies— (a) indicate (at any time) that he or she will not grant a development authorisation for the development; or (b) on due application— (i) grant a development authorisation required under this Act, subject to conditions (if any) determined by the Minister; or (ii) refuse approval to the development. (3) However, the Minister must not grant a development authorisation under this section unless— (a) an EIS, and an Assessment Report, have been prepared in relation to the development in accordance with the requirements of this Subdivision (as appropriate); or (b) the Minister is satisfied that an appropriate EIS, and an Assessment Report, that encompass the development have previously been prepared. (4) If 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). (5) The Minister must, before the Minister approves a development to which this section applies, have regard to— (a) any relevant state planning policy; and (b) the relevant regional plan; and (c) the provisions of the Planning Rules and the regulations (so far as they are relevant); and (d) the Building Rules (so far as they are relevant); and (e) if the development involves, or is for the purposes of, a prescribed activity of environmental significance as defined by the Environment Protection Act 1993— (i) the objects of the Environment Protection Act 1993; and (ii) the general environmental duty under the Environment Protection Act 1993; and (iii) any relevant environment protection policies under the Environment Protection Act 1993; and (f) if 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 (g) any relevant EIS, and the relevant Assessment Report, and may, in making a decision, take into account other matters considered relevant by the Minister. (6) The Minister may grant a provisional development authorisation under this section, reserving a decision on a specified matter— (b) until further assessment or consideration of the proposed development under another Act; or (c) until a consent, approval, licence, permit or other authorisation is granted, or not granted (by the decision of another authority), under another Act. (7) The Minister may— (a) when determining what conditions should be attached to a development authorisation under this section, attach conditions that must be complied with in the future; (b) — (i) in relation to matters specified by the Minister when granting a development authorisation under this section; or (ii) on application of a person who has the benefit of a development authorisation under this section; or (iii) in relation to a matter that is relevant to the variation of a development authorisation under this section, vary or revoke conditions to which the development authorisation is subject or attach new conditions to the development authorisation. (8) The 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. (9) If— (a) the Minister gives a development authorisation under this section; but (b) the 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, the Minister may, by notice in writing to any owner or occupier of the relevant land, cancel the development authorisation. (10) No appeal lies against a decision under this section. (11) A person— (a) who undertakes development to which this section applies without the consent of the Minister; or (b) who undertakes development contrary to a development authorisation under this section; or (c) who contravenes, or fails to comply with, a condition on which a development authorisation was granted, is guilty of an offence. Maximum penalty: $120 000. Default penalty: $1 000. (12) A person who has the benefit of a development must ensure that the development is used, maintained and operated in accordance with— (a) any development authorisation under this section; and (b) documents submitted for the purposes of this Division that are relevant to such development authorisation. 116—Costs The Minister may recover, as a debt due from the proponent, reasonable costs incurred in relation to— (a) the preparation and publication of material relating to an EIS and an Assessment Report; and (b) the making of a decision under section 115. 117—Testing and monitoring (1) This section applies to a development that has been subject to assessment as impact assessed development. (2) The Minister may— (a) by notice in writing to a person— (i) who is undertaking a development to which this section applies; or (ii) who has the benefit of a development to which this section applies, require the person to do either or both of the following: (iii) to 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; (iv) to comply with the requirements of an audit program specified by the Minister to the satisfaction of the Minister; (b) after giving notice in writing to a person— (i) who is undertaking a development to which this section applies; or (ii) who has the benefit of a development to which this section applies, cause to be carried out specified tests and monitoring relevant to the development. (3) A person to whom a notice is directed under subsection (2) must— (a) in the case of a notice under subsection (2)(a)—comply with the terms of the notice; or (b) in the case of a notice under subsection (2)(b)—provide reasonable assistance to facilitate the testing or monitoring specified in the notice. Maximum penalty: $15 000. (4) The 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. Division 3—Building consent 118—Building consent (1) If 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). (2) Subject to subsection (6), a development that is at variance with the Building Rules must not be granted a building consent unless— (a) the 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 (b) the 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— (i) that— (A) the 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 (B) the 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 (ii) in 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. (3) No appeal lies against— (a) a refusal of concurrence by the Commission under subsection (2)(a); or (b) a refusal of building consent by a relevant authority if the Commission has refused its concurrence under subsection (2)(a); or (c) a 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. (4) A 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. (5) In 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. (6) If an inconsistency exists between the Building Rules and the Planning Rules in relation to a State heritage place or a local heritage place— (a) the Planning Rules prevail and the Building Rules do not apply to the extent of the inconsistency; but (b) the 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. (7) A 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. (8) Subject to this Act, a relevant authority must accept that proposed building work complies with the Building Rules to the extent that— (a) such compliance is certified by the provision of technical details, particulars, plans, drawings or specifications prepared and certified in accordance with the regulations; or (b) such compliance is certified by a building certifier. (9) No 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. (10) The 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. (11) If 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)— (a) the variance; and (b) the grounds on which the decision is being made. Division 4—Procedural matters and assessment facilitation 119—Application and provision of information (1) An application to a relevant authority for the purposes of this Part must— (a) be in a form determined by the Minister for the purposes of this Act; and (b) include any information reasonably required by the relevant authority; and (c) be lodged in the manner and accompanied by such plans, drawings, specifications or other documents as may be prescribed; and (d) be accompanied by the appropriate fee. (2) No 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. (3) A relevant authority may request an applicant— (a) to provide such additional documents, assessments or information (including calculations and technical details) as the relevant authority may reasonably require to assess the application; (b) to remedy any defect or deficiency in any application or accompanying document or information required by or under this Act; (c) to consult with an authority or body prescribed by the regulations; (d) to comply with any other requirement prescribed by the regulations. (4) If— (a) a development is of a kind that is classified by the Planning and Design Code as deemed‑to‑satisfy development; and (b) the development falls within a class of development prescribed by the regulations for the purposes of this subsection; and (c) the applicant has complied with the requirements of subsection (1)(a), (c) and (d), then 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. (a) a development falls within a class of development prescribed by the regulations for the purposes of this subsection; and (b) the applicant has complied with the requirements of subsection (1)(a), (c) and (d), (c) the 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 (d) the relevant authority must make that request within a period prescribed by the regulations. (6) If a request is made under subsection (3)— (a) any 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 (b) if the request is not complied with within the time specified by the regulations, the relevant authority— (i) may, subject to subparagraph (ii), refuse the application; and (ii) must refuse the application in prescribed circumstances (including, if the regulations so provide, in a case involving development that is deemed‑to‑satisfy development). (7) A 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. (8) A 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. (9) A relevant authority may— (a) permit an applicant— (i) to vary an application; (ii) to vary any plans, drawings, specifications or other documents that accompanied an application, (provided that the essential nature of the proposed development is not changed); (b) permit an applicant to lodge an application without the provision of any information or document required by the regulations; (c) to 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); (d) if 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. (10) A relevant authority may grant a permission under subsection (9) unconditionally or subject to such conditions as the relevant authority thinks fit. (11) Without limiting subsection (6), if— (a) an applicant requests time to address any issue related to the application (including so as to prepare and submit any variation); or (b) an applicant requires time to respond to any matter raised by a person or body in connection with the application under this Act, then, 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. (12) An application, or a consent, may provide for, or envisage the undertaking of development in stages, with separate consents or approvals for the various stages. (13) An 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— (a) the owner has consented to the making of the application; or (b) the applicant is a prescribed person or body, or a person or body of a prescribed class; or (c) the application is an application of a prescribed class, or made in prescribed circumstances. (14) An 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). 120—Outline consent (1) Subject to this section, a relevant authority may, on application, grant a consent in the nature of an outline consent. (2) An outline consent may be granted in circumstances specified by a practice direction. (2a) A 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— (b) until further assessment or consideration of the proposed development under another Act (including an Act of the Commonwealth); or (c) until 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). (2b) A 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. (2c) Any 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). (3) If 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— (a) must grant any consent contemplated by the outline consent; and (b) must not impose a requirement that is inconsistent with the outline consent. (4) However, if— (a) there has been a material change to 1 or more elements of the development; or (b) a new or additional matter requires assessment (subject to any variations allowed by a practice direction), (c) further notification and consultation may be required in accordance with any provision made by a practice direction; and (d) subsection (3) will not apply to the extent that a new assessment must be made in the circumstances. (5) An outline consent remains operative for a period specified by a practice direction. 121—Design review (1) This section applies in relation to development of a class specified by the Planning and Design Code. (2) A person who is considering the undertaking of development to which this section applies may apply to a design panel for advice. (3) An application under this section must— (a) be in a form determined by the Commission; and (b) include any information specified by the Commission; and (c) be accompanied by the prescribed fee. (4) If an application is made, a design panel will be established under a scheme determined by the Minister for the purposes of this section. (5) The design panel may provide advice about 1 or more of the following: (a) the form or content of the proposed development; and (b) how the proposed development might be changed or improved; and (c) other matters that may assist with the assessment of the development; and (d) such other matters as the design panel thinks fit. (6) A design panel may, in acting under this section, adopt such procedures as it thinks fit. (7) A 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). (8) No 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. 122—Referrals to other authorities or agencies (1) The 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— (a) the 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 (b) the 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)). (2) The Governor must not prescribe a body (other than the Commission) under subsection (1)(a) unless— (a) the 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 (b) the Minister has indicated that the Minister is satisfied that a policy envisaged by paragraph (a) is not necessary or is not appropriate. (3) A prescribed body may, before it gives a response under this section, request the applicant— (a) to provide such additional documents or information (including calculations and technical details) as the prescribed body may reasonably require to assess the application; and (4) If a request is made under subsection (3)— (a) the prescribed body may specify a time within which the request must be complied with; and (b) the prescribed body may, if it thinks fit, grant an extension of the time specified under paragraph (a). (5) The regulations may, in relation to the operation of subsection (1)— (a) provide 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); (b) empower the prescribed body to direct the relevant authority— (i) to refuse the application; or (ii) if 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, (and the relevant authority must comply with any such direction). (6) If a relevant authority acting by direction of a prescribed body refuses an application or imposes conditions in respect of a development authorisation— (a) the relevant authority must notify the applicant that the application was refused, or the conditions imposed, by direction under this section; and (b) if the regulations so provide, no appeal lies against that refusal or those conditions. (7) If 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. (8) If 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. (9) A 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. (10) An 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. (11) However, 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. (12) A 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. 123—Preliminary advice and agreement (1) A 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. (a) a proposed development is referred to a prescribed body under subsection (1); and (b) the prescribed body agrees to consider the matter under this section after taking into account any matter prescribed by the regulations; and (c) the 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), then, subject to subsection (4)— (d) if 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 (e) if 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), the application will not be referred to the prescribed body under section 122. (3) A prescribed body under section 122 may, in connection with the operation of subsections (1) and (2)— (a) require the payment of a fee prescribed by the regulations (if the prescribed body agrees to consider the matter under subsection (2)(b)); and (b) in 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. (4) Any 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. (a) a prescribed body had indicated its agreement under this section; and (b) an application is not referred to the prescribed body under section 122 by virtue of the operation of subsection (2) of this section, the process established by this section will be taken to be a referral under section 122 for the purposes of any other Act. 124—Proposed development involving creation of fortifications (1) If 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). (2) Subject to subsection (3), the Commissioner must, as soon as possible after receipt of a referral under subsection (1)— (a) assess the application to determine whether or not the proposed development involves the creation of fortifications; and (b) advise the relevant authority in writing of the Commissioner's determination. (3) The 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. (4) If a request is made under subsection (3)— (a) the Commissioner may specify a time within which the request must be complied with; and (b) the Commissioner may, if he or she thinks fit, grant an extension of the time specified under paragraph (a). (5) If the Commissioner determines that the proposed development involves the creation of fortification, the relevant authority must— (a) if the proposed development consists only of the creation fortifications—refuse the application; or (b) in any other case—impose conditions in respect of any consent to or approval of the proposed development prohibiting the creation of the fortifications. (6) If 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. (7) If a refusal or condition referred to in subsection (5) is the subject of an appeal under this Act— (a) the Commissioner will be the respondent to the appeal; and (b) the relevant authority may, if the Court permits, be joined as a party to the appeal. 125—Time within which decision must be made (1) A relevant authority should deal with an application as expeditiously as possible and within the time prescribed by the regulations. (2) If 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. (3) On 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). (4) The relevant authority may, within 10 business days after receiving the deemed consent notice— (a) grant the planning consent itself; or (b) grant the planning consent subject to conditions. (5) The deemed planning consent is taken to include— (a) any conditions that a relevant authority imposes under subsection (4)(b); or (b) if 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. (6) If— (a) a deemed planning consent is taken to have been granted under subsection (3); and (b) a relevant authority considers that the relevant application for planning consent should have been refused, the relevant authority may apply to the Court for an order quashing the consent. (7) An 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). (8) If 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. (9) If 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— (a) that the delay is not attributable to an act or omission of the relevant authority; or (b) that the delay is attributable to a decision of the relevant authority not to deal with the application within the relevant time because— (i) it appeared to the relevant authority that there had been a failure to comply with a requirement prescribed by or under this Act; or (ii) the relevant authority was not provided with appropriate documentation or information relevant to making a decision under this Act; or (iii) the relevant authority believed, on other reasonable grounds, that it was not appropriate to decide the matter in the particular circumstances; or (c) that an order for costs should not be made for some other reason. (10) This section does not apply to or in relation to— (a) impact assessed development where the Minister is the relevant authority; or (b) development 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. 126—Determination of application (1) A 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). (2) A development authorisation under this Part remains operative for a period prescribed by the regulations. (3) A 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). (4) A 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). Division 5—Conditions 127—Conditions (1) A decision under this Part is subject to such conditions (if any)— (a) as a relevant authority thinks fit to impose in relation to the development; or (b) as may be specified by any practice direction or otherwise imposed under another provision of this Act. (2) Any such condition— (a) in 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 (b) is binding on, and enforceable against— (i) the person by whom the development is undertaken; and (ii) any person who acquires the benefit of the decision or the development; and (iii) the owners and occupiers of the land on which the development is undertaken; and (c) may 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. (3) Subject to a preceding subsection, a relevant authority may, for example, approve a development subject to a condition— (a) that regulates or restricts the use of any land or building subject to development; or (b) that provides for the management, preservation or conservation of any land or building subject to development; or (c) that regulates maintenance of any land or building subject to development; or (d) if the applicant is seeking approval for a temporary development—that provides that, at a future time specified in the condition— (i) the previous use of the land will revive, or a use of the land will cease; and (ii) any person who has the benefit of the development will restore the land to the state in which it existed immediately before the development. (3a) A 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. (3b) For the purposes of subsection (3a), the Minister must publish on the SA planning portal the Minister's noise attenuation requirements. (4) Subject 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). (5) A 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). (6) The 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). (7) For the purposes of subsection (6), the relevant fund is— (a) unless paragraph (b) applies—an urban trees fund for the area where the relevant tree is situated; (i) an urban trees fund has not been established for the area where the relevant tree is situated; or (ii) the relevant authority is the Commission or an assessment panel appointment by the Minister or a joint planning board, the Planning and Development Fund. (8) Subsections (4) and (6) do not apply if— (a) the relevant tree is of a class excluded from the operation of those subsections by the regulations; or (b) the 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. designated 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; designated live music venue area means the area of land bounded by the bold black line on the map set out in Schedule 4A; relevant 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. Division 6—Variation of authorisation 128—Variation of authorisation (1) Subject 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). (2) An application to which subsection (1) applies— (a) may only be made if the relevant authorisation is still operative; and (b) will, 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 (c) in 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 (d) unless otherwise approved by the relevant authority, cannot seek to extend the period for which the relevant authorisation remains operative.