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Planning, Development and Infrastructure (General) Regulations 2017
Part 14Land management agreements
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Part 14—Land management agreements
110—Register of land management agreements (section 192)
(1) For the purposes of section 192(5) of the Act—
(a) a designated authority or greenway authority must provide to the Minister a copy of any agreement to which it is a party within 20 business days after the agreement is entered into under section 192 of the Act; and
(b) the Chief Executive must ensure that the agreement is entered in a register kept on the SA planning portal for the purposes of that section within 10 business days after the agreement is received by the Minister under paragraph (a).
(2) For the purposes of section 192(6) of the Act, the register must be kept available on the SA planning portal.
111—Register of land management agreements (section 193)
(1) The Minister must establish a register of agreements entered into by the Minister, or any other designated Minister, under section 193 of the Act.
(2) A council must establish a register of agreements entered into by the council under section 193 of the Act.
(3) A register must contain, or provide access to, a copy of each agreement entered into by a Minister or the council (as the case may be) under section 193 of the Act and may contain other information the Minister or the council (as the case may be) considers appropriate.
(4) For the purposes of section 193(6) of the Act, a register must be kept available on the SA planning portal.
(5) For the purposes of section 193(16) of the Act, the period of 9 months from the operative date of the relevant development approval is prescribed.
(6) A notice given by the relevant authority under section 193(16) of the Act—
(a) must be in writing; and
(b) must identify the relevant development approval according to the site of the proposed development and the date on which the approval is given; and
(c) must state that the relevant authority has decided to lapse the development approval because the agreement has not been noted against the relevant instrument of title or land (as the case may be) under section 193 of the Act within the period that applies under subregulation (5).
(7) The relevant authority must also give a copy of a notice under subregulation (6) to—
(a) any owner of the land who is not a party to the agreement; and
(b) if the council for the area where the relevant land is situated is not a party to the agreement—the council.
(8) In this regulation—
operative date of an approval means—
(a) the date on which the approval is given; or
(b) if the decision to grant the approval has been the subject of an appeal or review under the Act, the date on which any appeal or review is dismissed, struck out or withdrawn, or all questions relating to any appeal or review have been finally determined (other than as to costs),
whichever is the later.