Div 2Referrals

Division 2—Referrals 41—Referrals (1) For the purposes of section 122 of the Act— (a) the classes of development set out in Schedule 9 are prescribed; and (b) the bodies set out in Schedule 9 are prescribed in relation to the respective classes of development; and (c) the relevant periods set out in Schedule 9 are prescribed in relation to the respective bodies. (1a) A referral under section 122(1) of the Act will only relate to whether planning consent or outline consent should be granted in relation to the proposed development and, if an application for planning consent or outline consent is referred to a prescribed body in accordance with the requirements of Schedule 9, the relevant authority is not required, subject to subregulation (1b), to refer to that body a further application for any other consent required for the approval of the same proposed development (and no further response is required from that body). (1b) Subregulation (1a) does not— (a) extend to an application which is relevant to a matter that has been reserved for further consideration by the prescribed body; or (b) limit any further notification and consultation required in accordance with section 120(4)(c) of the Act. (2) A prescribed body must, immediately after making a request under section 122(3) of the Act— (a) in the case of an application for outline consent—notify the relevant authority of the request in writing; or (b) in any other case—notify the relevant authority of the request via the SA planning portal, (and, in doing so, provide reasonable information about what is requested). (3) A request under section 122(3) of the Act must be made within 10 business days after the prescribed body receives the application. (4) Two or more prescribed bodies may provide a joint response for the purposes of section 122 of the Act. 41A—Delegation by prescribed bodies (1) A prescribed body (being a body prescribed for the purposes of section 122 of the Act) may delegate to a person (including a person for the time being holding or acting in a specified office or position) a function of the prescribed body under the Act or these regulations. (2) A delegation under this regulation— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the prescribed body to act in any matter; and (d) is revocable at will. (3) A function delegated under this regulation may, if the instrument of delegation so provides, be further delegated. 42—Additional information or amended plans (1) If a relevant authority has referred an application to a prescribed body under this Division and the relevant authority subsequently receives additional information, or an amended plan, drawing or specification, which is materially relevant to the referral, or to any report obtained as part of the referral process, it may repeat the referral process, and must do so if it appears that the additional information or amendment is significant. (2) Any action taken by a prescribed body as a result of additional information, or a plan, drawing or specification, received under subregulation (1) will, to the extent of any inconsistency with any previous action taken by the prescribed body, override that previous action. 43—River Murray related operational Act means a related operational Act under the River Murray Act 2003. (2) If an application for the consent or approval of a proposed development must be referred under Schedule 9 to the Minister responsible for the administration of the River Murray Act 2003 (the River Murray Minister), the following provisions apply: (a) subject to subregulation (3), the River Murray Minister must, in considering the application, take into account any matter that is raised by another Minister or other authority responsible for, or involved in, the administration of a related operational Act that is provided to the River Murray Minister in response to the referral of the application by the River Murray Minister to the other Minister or authority for comment; (b) the River Murray Minister may, in providing a response to the relevant authority under section 122 of the Act, make that response on the basis of a matter referred to in paragraph (a). (3) A matter raised by another Minister or authority in response to the referral of an application by the River Murray Minister under subregulation (2)(a) is not required to be taken into account by the River Murray Minister unless it is provided to the River Murray Minister within a period specified by the River Murray Minister. 44—Appeals In accordance with section 122(6) of the Act, no appeal lies against— (a) a refusal of an application if the relevant authority is acting at the direction of the Technical Regulator under item 18 of the table in Schedule 9 clause 3; or (b) a condition imposed by a relevant authority in accordance with a direction by the Technical Regulator under item 18 of the table in Schedule 9 clause 3. 45—Building matters (1) If a relevant authority, in assessing an application for building consent, considers that— (a) a proposed performance solution within the meaning of the Building Code requires assessment against a performance requirement of the Building Code which provides for the intervention of a fire authority; or (b) the proposed development is at variance with a performance requirement of the Building Code which provides for the intervention of a fire authority; or (c) special problems for fire fighting could arise due to hazardous conditions of a kind described in Section E of the Building Code, then the relevant authority must refer the application to the relevant fire authority for comment and report unless the fire authority indicates to the relevant authority that a referral is not required. (2) If a report is not received from the fire authority on a referral under subregulation (1) within 20 business days, the relevant authority may presume that the fire authority does not desire to make a report. (3) The relevant authority must have regard to any report received from a fire authority under this regulation. (4) If, in respect of an application referred to a fire authority under this regulation, the fire authority— (a) recommends against the granting of building consent; or (b) concurs in the granting of consent on conditions specified in its report, but the relevant authority— (c) proposes to grant building consent despite a recommendation referred to in paragraph (a); or (d) does not propose to impose the conditions referred to in paragraph (b), or proposes to impose the conditions in varied form, on the grant of consent, the relevant authority— (e) must refer the application to the Commission; and (f) must not grant consent unless the Commission concurs in the granting of the consent. (5) A relevant authority must provide to the Commission a copy of any report received from a fire authority under subregulation (1) that relates to an application that is referred to the Commission under the Act. (6) For the purposes of section 118(5) of the Act, building work comprising or including the construction or installation of a private bushfire shelter must not be granted a building consent unless the Commission concurs in the granting of the consent. 46—Preliminary advice and agreement (section 123) prescribed body means a prescribed body under section 122 of the Act. (2) An application to a prescribed body for the purposes of section 123 of the Act— (a) must be made in a form determined by the Minister for the purposes of this regulation (being a form published by the Minister in the Gazette); and (b) must be accompanied by such plans, drawings, specifications or other documents as may be determined by the Minister in publishing a form under paragraph (a). (3) For the purposes of section 123(2)(c) of the Act, an agreement of a prescribed body— (a) must be endorsed or certified by the prescribed body; and (b) must be accompanied by such plans, drawings, specifications or other documents submitted under subregulation (2)(b) that are relevant to the agreement, being documents endorsed or certified by the prescribed body. (4) For the purposes of section 123(3)(a) of the Act, the prescribed fee is equal to the prescribed fee for a referral to a prescribed body had the application been for planning consent rather than under section 123 of the Act. (5) If an applicant for planning consent proposes to rely on an agreement under section 123 of the Act, the applicant must ensure that the application lodged under regulation 29 is accompanied by a copy of the agreement and other documents endorsed or certified under subregulation (3). (6) If— (a) a relevant authority permits an applicant to vary an application under section 119(9) of the Act; and (b) the relevant authority determines that the application no longer accords with the agreement indicated by the prescribed body, then the application must (unless withdrawn) be referred to the prescribed body— (c) to obtain a variation to the agreement under section 123 of the Act; or (d) to obtain a response from the prescribed body for the purposes of section 122 of the Act (and the requirements of that section, and these regulations in relation to such a referral, other than for the payment of a prescribed fee, will then apply). (7) If— (a) an application is withdrawn by the applicant; and (b) the applicant sought to rely on an agreement under section 123 of the Act in connection with the application, the relevant authority must notify the relevant prescribed body of the withdrawal. (8) If— (a) an application is lapsed by a relevant authority under regulation 38; and (b) the applicant sought to rely on an agreement under section 123 of the Act in connection with the application, the relevant authority must notify the relevant prescribed body of the lapsing. (9) If— (a) an applicant seeks to rely on an agreement under section 123 of the Act in connection with the application; and (b) a notice of a decision on the application is issued by the relevant authority under regulation 57, the relevant authority must provide a copy of the notice to the prescribed body within 5 business days after the notice is given to the applicant under regulation 57. (10) For the purposes of section 123(2)(d) of the Act, the period of 1 year is prescribed.