Div 1Applications

Division 1—Applications 29—Application to relevant authority (1) Subject to these regulations, an application for a development authorisation under section 101 or 102(1) of the Act in relation to a proposed development may— (a) be lodged electronically via the SA planning portal (and in accordance with any relevant requirements applying under Part 4 Division 2 of the Act); or (b) be lodged with the relevant authority at the principal office of the relevant authority in accordance with the requirements of these regulations. (2) An application to be lodged with an accredited professional (other than an assessment manager) will be lodged with the accredited professional in such manner as the accredited professional may require. (3) A person who is lodging an application must comply with any other relevant requirement specified by a practice direction. (4) A relevant authority who receives an application under subregulation (1)(b) or (2) must lodge the application on the SA planning portal within 5 business days after receipt of the application. (5) The appropriate fee for the purposes of section 119(1)(d) of the Act is the fee identified as the base amount in respect of an application for consent under Part 7 of the Act in a fee notice made for the purposes of the Act. 30—Plans, fees and related provisions (1) An application to a relevant authority under section 119(1) of the Act must be accompanied by a copy of the plans, drawings, specifications and other documents and information relating to the proposed development required under Schedule 8 (prepared in accordance with the requirements of that Schedule). (a) an applicant must not be required to comply with a requirement under Schedule 8 unless the requirement is directly relevant to the application; and (b) if the application seeks consent for some, but not all, of the relevant matters referred to in section 102(1) of the Act, the plans, drawings, specifications and other documents and information must accord with Schedule 8 to such extent as may be appropriate to the matters to which the consent is sought. 31—Verification of application (1) Subject to subregulation (2), on the receipt of an application under section 119 of the Act, and in addition to any other requirement under these regulations, a relevant authority that has received the application must, in order to ensure that an application has been correctly lodged and can be assessed in accordance with the Act— (a) determine the nature of the development; and (b) if the application is for planning consent—determine— (i) whether the development involves 2 or more elements and, if so, identify each of those elements for the purposes of assessment against the provisions of the Planning and Design Code; and (ii) the category or categories of development that apply for the purposes of development assessment; and (c) determine whether the relevant authority is the correct entity to assess the application under the Act; and (d) if the relevant authority is the correct entity to assess the application (or any part of the application)— (i) check that the appropriate documents and information have been lodged with the application; and (ii) confirm the prescribed fees required to be paid at that point; and (iii) — (A) in the case of an application for outline consent—provide notice of the determination under paragraph (c) in writing to the applicant; or (B) in any other case—provide an appropriate notice via the SA planning portal; and (e) if the relevant authority is not the correct entity to assess the application (or any part of the application)— (i) provide the application (or any relevant part of the application), and any relevant plans, drawings, specifications and other documents and information in its possession, to the entity that it considers to be the correct relevant authority in accordance with any practice direction; and (A) in the case of an application for outline consent—provide notice of the determination under paragraph (c) in writing to the applicant and the entity that it considers to be the correct relevant authority; or (B) in any other case—provide an appropriate notice via the SA planning portal. (2) The following provisions apply in connection with subregulation (1): (a) the relevant authority must comply with subregulation (1) within 5 business days after receiving the application; and (b) an entity that receives an application or notice under subregulation (1)(e) must repeat the steps envisaged by subregulation (1) in relation to the application. (3) If an accredited professional has determined that it is the correct entity to assess the application (or any part of the application) and has provided an appropriate notice in accordance with subregulation (1), the accredited professional is taken to be engaged as the relevant authority in respect of that application (or that part of the application) for the purposes of the Act. 32—Application for accepted development If a relevant authority for the purposes of providing planning consent under the Act determines that the development falls within the category of accepted development, the relevant authority must (within 5 business days after receiving the application) advise the applicant accordingly. 32A—Site contamination—detailed site investigation report (1) For the purposes of section 119(3)(d) of the Act, a relevant authority may, in relation to an application to which Schedule 8 clause 2A applies, request the applicant to provide a detailed site investigation report if— (a) the preliminary site investigation report indicates that site contamination is present, or is likely to be present, at the site of the proposed development; and (b) the relevant authority considers that there is insufficient information to determine that the site is suitable for its intended use, having regard to— (i) site contamination; and (ii) if remediation is required, the extent of that remediation; and (c) the application is not required to be referred to the Environment Protection Authority under item 9A or 9AB of the table in Schedule 9 clause 3. (2) A detailed site investigation report must be prepared by a site contamination consultant or site contamination auditor (and the relevant authority cannot request that the report be prepared only by a site contamination auditor unless the Environment Protection Authority directs the relevant authority to do so in relation to a particular application). (3) A detailed site investigation report must, in relation to the relevant land, relate to an investigation, conducted in accordance with the National Environment Protection (Assessment of Site Contamination) Measure and any relevant guidelines issued from time to time by the Environment Protection Authority, into— (a) the nature and extent of any site contamination present or remaining on or below the surface of the land; and (b) the suitability of the land for the proposed use; and (c) what remediation (if any) is necessary for the proposed use. (4) A detailed site investigation report must comply with requirements specified by the Commission in the site contamination practice direction or another instrument published by the Commission on the SA planning portal. National Environment Protection (Assessment of Site Contamination) Measure means the National Environment Protection (Assessment of Site Contamination) Measure 1999 prepared under the National Environment Protection Council Act 1994 of the Commonwealth (as in force from time to time). 32B—Site contamination—statement of site suitability For the purposes of section 119(3)(d) of the Act, a relevant authority may, in relation to an application to which Schedule 8 clause 2A applies, require the applicant to provide a statement of site suitability that confirms that the site is suitable for its intended use before the relevant authority issues a planning consent in relation to the application. 33—Application and further information (1) For the purposes of section 119(4) of the Act (but subject to this regulation), deemed-to-satisfy development that only comprises 1 or more of the following elements is prescribed: (a) the construction of 1 or more dwellings; (b) an alteration or addition to an existing dwelling; (c) the construction of an outbuilding, garage, verandah, pergola or swimming pool associated with residential development. (2) For the purposes of section 119(5) of the Act (but subject to this regulation), the following classes are prescribed: (a) deemed-to-satisfy development that does not fall within the ambit of subregulation (1); (b) development that will be assessed under section 107 of the Act. (2a) Development the subject of an application for outline consent does not constitute development of a class prescribed by subregulation (1) or (2). (3) Subregulations (1) and (2) do not apply to the extent that the relevant authority, acting under section 119(9)(a) of the Act, permits an applicant— (a) to vary an application; or (b) to vary any plans, drawings, specifications or other documents that accompanied the application. (4) Subregulations (1) and (2) do not apply in relation to seeking clarification about any document or information that has been provided by the applicant. (5) For the purposes of section 119(5)(d), the period of 10 business days from the day on which notice has been provided under regulation 31(1) or, if a later day, the day on which the appropriate fees have been paid by the applicant, is prescribed. (6) This regulation does not apply in relation to any documents or information that the applicant determines or agrees to provide in any event. 34—Period for additional information and other matters (1) In accordance with section 119(6)(b) of the Act, if a request is made by a relevant authority under section 119(3) of the Act, the request must be complied with by the applicant within the period of 60 business days from the date of the request, or within such longer period (which must not exceed 1 year from the date of the request) as the relevant authority may allow. (2) For the purposes of section 119(11) of the Act, any period of time in excess of 1 year required by the applicant to act as contemplated by that subsection is to be included in the time within which the relevant authority is required to decide the application. 35—Amended applications (1) If a relevant authority permits an applicant to vary an application under section 119(9) of the Act, the date of receipt of the application as so varied (together with any amended plans, drawings, specifications or other documents or information, and appropriate fee) will, for the purposes of the time limits prescribed in Division 4, be taken to be the relevant day (and, if an action under Division 2 or 3 is required to be repeated in respect of the application as varied, a time period applying under regulation 53 in relation to the action is to be included in the time within which the relevant authority is required to decide the application under these regulations). (2) However, subregulation (1) does not apply if the variations to the application are not substantial. (3) If an application is varied following referral under Division 2 or giving of notice under Division 3, the relevant authority may, if the variations are not substantial, consider the application without the need to repeat an action otherwise required under Division 2 or Division 3. (4) If a variation would change the essential nature of a proposed development (as referred to in section 119(9)(a) of the Act), the relevant authority and the applicant may, by agreement, proceed with the variation on the basis that the application (as so varied) will be treated as a new application under these regulations. 36—Certification of building indemnity insurance certificate of insurance, in relation to domestic building work, means the certificate required under Part 5 Division 3 of the Building Work Contractors Act 1995 evidencing the taking out of a policy of insurance in accordance with that Division in relation to that work; domestic building work means building work— (a) that constitutes domestic building work performed by a building work contractor under a domestic building work contract or on the building work contractor's own behalf under the Building Work Contractors Act 1995; and (b) in relation to which a policy of insurance is required to be taken out in accordance with Part 5 Division 3 of that Act. (2) The applicant for building consent in respect of domestic building work to be performed must ensure that a copy of a certificate of insurance in relation to that work is lodged with the relevant authority— (i) if a domestic building work contract for that building work has been entered into before the lodgment of an application for building consent under section 102(1)(b) of the Act; or (ii) if the domestic building work is to be performed by a builder on the builder's own behalf, at the same time as the application for building consent is lodged under these regulations; or (b) in any other case—on or before the giving of notice of the intended commencement of the building work under Part 10 Division 2 of these regulations. (3) A person must not commence domestic building work unless or until a copy of a certificate of insurance in relation to that work has been lodged in accordance with subregulation (2). Maximum penalty: $2 500. 37—Regulated and significant trees For the purposes of subsections (7) and (8) of section 119 of the Act, the qualifications of a person providing an expert or technical report within the contemplation of either subsection is a Diploma in Arboriculture recognised in the Australian tertiary training system, or a comparable or higher qualification. 38—Withdrawing/lapsing applications (1) If an application is withdrawn by the applicant under section 119(14) of the Act, the relevant authority must notify— (a) any agency to which the application has been referred under Division 2; and (b) any person who has made a representation in relation to the application under Division 3, of the withdrawal. (2) A relevant authority may lapse an application for a development authorisation under Part 7 of the Act if at least 1 year has passed since the date on which the application was lodged with the relevant authority under the Act. (3) A relevant authority must, before it takes action to lapse an application under subregulation (2)— (a) take reasonable steps to notify the applicant of the action under consideration; and (b) allow the applicant a reasonable opportunity to make submissions to the relevant authority (in a manner and form determined by the relevant authority) about the proposed course of action. (4) An applicant is not entitled to a refund of any fees if an application is lapsed under this regulation. (5) If— (a) an application relates to development that is to be assessed under section 107 of the Act, or to development classified as restricted development; and (b) at least 1 year has passed since the date on which notice of the application was given under section 107(3)(a) or 110 of the Act (as the case may be), the relevant authority must not give a planning consent under section 102(1) of the Act unless a new notice of the application has been given under section 107(3) or 110 of the Act. 39—Contravening development An application for consent or approval may be made under these regulations notwithstanding that the development has been commenced or undertaken, or is continuing, in contravention of the Act. 40—Court proceedings Subject to section 214(14) of the Act, a relevant authority which has received an application under these regulations may, by notice in writing to the applicant, decline to deal with the application until any proceedings under the Act have been concluded.