Subdiv 6Other matters

Subdivision 6—Other matters 78—Early commencement (1) If the Minister is of the opinion that it is necessary in the interests of the orderly and proper development of an area of the State that— (a) an amendment to a regional plan should come into operation without delay; or (b) an amendment to the Planning and Design Code or a design standard should come into operation without delay in order to counter applications for undesirable development ahead of the outcome of the consideration of the amendment under this Part, the Minister may, at the same time as, or at any time after, the amendment is released for public consultation under the Community Engagement Charter under this Part, and without the need for any other consultation or process, by notice published in the Gazette, declare that the amendment will come into operation on an interim basis on a day specified in the notice. (2) For the purposes of subsection (1)(b), undesirable development, in relation to a proposed amendment to the Planning and Design Code or a design standard, is development that would detract from, or negate, an object of the amendment. (4) If a notice has been published under subsection (1), the amendment comes into operation on the day specified in the notice. (5) The Minister must, as soon as practicable after the publication of a notice under subsection (1), prepare a report on the matter and cause copies of that report to be laid before both Houses of Parliament. (6) An amendment that has come into operation under this section ceases to operate— (a) if the Minister, by notice published in the Gazette, terminates the operation of the amendment; or (b) if either House of Parliament passes a resolution disallowing the amendment after copies of the amendment have been laid before both Houses of Parliament under section 74; or (c) if the amendment has not been adopted by the Minister under this Part within 12 months from the day on which it came into operation; or (d) if the amendment is superseded by another amendment that comes into operation under this Part. (7) If an amendment ceases to operate by virtue of subsection (6)(b) or (c), notice of that cessation must forthwith be published in the Gazette. (8) If an amendment ceases to operate by virtue of subsection (6)(a), (b) or (c), the regional plan, Planning and Design Code or design standard will, from the date of cessation, apply as if it had not been amended by that amendment. Division 3—Building related instruments 79—Building Code (1) The Building Code, as in force from time to time, applies for the purposes of this Act but subject to— (a) any modifications effected by variations, additions or exclusions for South Australia contained in the Code; and (b) any modifications effected by a Ministerial building standard under this Division. (2) In connection with subsection (1), any modification to the Building Code as described in subsection (1)(a) will not take effect for the purposes of this Act— (a) before a day on which notice of the alteration is published by the Minister by notice published in the Gazette; and (b) if the Minister so specifies in a notice under paragraph (a), until a day specified by the Minister. 80—Ministerial building standards (1) The Minister may, by notice published in the Gazette, publish standards (Ministerial building standards), that— (a) relate to any aspect of— (i) building work (including the regulation, control, restriction or prohibition of building work); or (ii) the design, construction, quality, safety, health, amenity, sustainability, adaptive re-use or maintenance of buildings; or (b) modify the Building Code as it applies under this Act. (2) In particular, the Minister must publish a Ministerial building standard under subsection (1) that relates to adaptive re-use of buildings constructed before 1 January 1980. (3) Without limiting subsection (1), a Ministerial building standard may specify deemed‑to‑satisfy building practices or techniques that will be taken to constitute compliance with the Building Code. (4) The Minister may, by subsequent notice published in the Gazette, vary or revoke a Ministerial building standard under subsection (1). 81—Publication The Minister must ensure— (a) that an up‑to‑date copy of the Building Code as it applies under this Act; and (b) that any Ministerial building standard, is published, or is capable of being accessed, on or via the SA planning portal and is available for inspection and downloading without charge.