Part 12Crown development

Part 12—Crown development 105—Exclusion from the definition of State agency For the purposes of section 131(1) of the Act, the South Australian Housing Trust is excluded from the ambit of the definition of State agency. 106—Developments excluded from approval and notice (1) For the purposes of section 131(4) of the Act (but subject to this regulation), the various forms of development specified in Schedule 13, when carried on by a prescribed agency, are excluded from the provisions of section 131 of the Act. (1a) An exclusion under Schedule 13 does not apply in respect of— (a) the construction of a new building exceeding 3 storeys in height; or (b) an alteration or extension to an existing building which will result in the building exceeding 3 storeys in height; or (c) the construction of a temporary or permanent structure exceeding 9 m in height, (1b) An exclusion under Schedule 13 does not apply in respect of an activity referred to in Schedule 3 clause 10 within the Tunnel Protection Overlay under the Planning and Design Code (unless the activity is undertaken by or on behalf of the Commissioner of Highways or the Rail Commissioner). (2) For the purposes of section 131(28)(a) of the Act, the various forms of development set out in Schedule 13 clause 5 are declared to be minor works of a prescribed kind. (3) If a prescribed agency proposes to undertake any building work which is within the ambit of Schedule 13 and to be undertaken within the area of a council, the prescribed agency must, before commencing that building work— (a) give notice of the proposed building work to the council for the area in which the building work is to be undertaken; and (b) furnish the council with— (i) a description of the nature of the proposed work; and (ii) so far as may be relevant, details of the location, siting, layout and appearance of the proposed work. (4) Subregulation (3) does not apply if the building work is within the ambit of Schedule 4, Schedule 5 or Schedule 7. prescribed agency means— (a) a State agency within the meaning of section 131 of the Act; or (b) a person who is acting under a specific endorsement of a State agency under section 131(2)(c) of the Act. 106A—Development in Riverbank Zone For the purposes of section 131(28)(b) of the Act, the part of the Institutional District of the City of Adelaide constituted by the whole of the Riverbank Zone is identified. Section 131(30) of the Act provides that a regulation under section 131(28)(b) cannot apply with respect to any part of the Institutional District of the City of Adelaide that is under the care, control or management of The Corporation of the City of Adelaide. 107—General scheme (1) An application under section 131(2) of the Act must be in a form determined by the Minister. (2) For the purposes of section 131(2) and (6) of the Act, the prescribed particulars are— (a) a description of the nature of the proposed development; and (b) details of the location, siting, layout and appearance of the proposed work; and (c) if the proposed development is for the purposes of the provision of electricity generating plant with a generating capacity of more than 5 MW that is to be connected to the State's power system—a certificate from the Technical Regulator certifying that the proposed development complies with the requirements of the Technical Regulator in relation to the security and stability of the State's power system; and (d) if the development is for the purposes of a data centre— (i) advice from the South Australian Water Corporation that there is sufficient water supply to meet the requirements of the proposed data centre; and (ii) a certificate from the Technical Regulator certifying that the proposed data centre complies with the requirements of the Technical Regulator in relation to the reliability, security and stability of the State's power system. (3) In subregulation (2)— (a) a reference to electricity generating plant is a reference to electricity generating plant within the ambit of paragraph (a) of the definition of electricity infrastructure in section 4(1) of the Electricity Act 1996; and (b) power system has the same meaning as in the Electricity Act 1996. (4) A notice under section 131(6) of the Act must be given to the council within 3 business days after the relevant application is lodged with the Commission. (5) For the purposes of section 131(10) of the Act, if an application relates to development of a class prescribed under Schedule 9, the Commission must refer the application, together with a copy of any relevant information provided by the State agency, to the relevant body under that Schedule for comment and report within the period of 30 business days (and this period will also be the period that applies under section 131(12) of the Act). (6) For the purposes of section 131(13)(a) of the Act, the requirement to give public notice includes the requirement to place a notice on the land, in a form determined by the Commission, as soon as may be reasonably possible after the relevant notice under regulation 3H(1)(b) is published on the SA planning portal (and the Commission may then cause the sign to be removed at a later time determined by the Commission). (7) The Commission may require the relevant State agency to place the notice on the land under subregulation (6) on behalf of the Commission (and then to remove the sign under that subregulation). (8) Subregulation (6) does not apply if— (a) the relevant land— (i) is not within the area of a council; or (ii) constitutes a place that is wholly covered by water; or (b) the Commission considers that it is impracticable or unnecessary to place a notice on the land under that subregulation. (9) For the purposes of section 131(17) of the Act, the period of 60 business days is prescribed. (10) A building certifier must not act under section 131(20) of the Act unless the building certifier is an accredited professional who would be qualified to give building consent in relation to the building work if the accredited professional were acting as a relevant authority in the particular case. (11) For the purposes of section 131(22)(b) of the Act, the following are prescribed criteria when considering a variance with the Building Rules: (a) that the provisions of the Building Rules are inappropriate to the particular building or building work, or that the proposed building work fails to conform with the Building Rules only in minor respects; (b) that the variance is justifiable having regard to the performance requirements of the Building Code and would achieve the objects of the Act as effectively, or more effectively, than if the variance were not to be allowed. (12) Despite subregulation (11), if in considering a matter under section 131(21) of the Act an inconsistency exists between the Building Rules and the Planning and Design Code in relation to a State heritage place or a local heritage place— (a) the Planning and Design Code prevails and the Building Rules must not be applied to the extent of the inconsistency; but (b) the person acting under that subsection must ensure, so far as is reasonably practicable, that standards of building soundness, occupant safety and amenity are achieved that are as good as can reasonably be achieved in the circumstances. 108—Lapse of approval (1) Subject to this regulation, an approval under section 131 of the Act (whether subject to conditions or not) will lapse at the expiration of— (a) subject to the operation of paragraph (b)—12 months from the date of the approval; or (b) if the relevant development has been lawfully commenced by substantial work on the site of the development within 12 months from the date of the approval—3 years from the date of the approval, unless the development has been substantially or fully completed within those 3 years (in which case the approval will not lapse). (2) Subject to this regulation, an approval for the proposed division of land will lapse at the expiration of 3 years from the date of the approval. (3) A period prescribed under subregulation (1) or (2) may be extended by the Minister— (a) when the relevant approval is given; or (b) at such later time as may be appropriate.