Part 18Miscellaneous

Part 18—Miscellaneous 116A—Access to documents (1) Subject to subregulation (2), an owner of land may inspect at the office of the council for the area in which the land is situated, or obtain from the council a copy of, any plans, drawings, specifications or other documents or information retained on the SA planning portal in relation to an application for a development authorisation under section 102 of the Act in respect of development on the land. (2) The council is not required to make available any plans, drawings, specifications or other documents or information referred to in subregulation (1) for inspection or copying under that subregulation if to do so would— (a) in the opinion of the council, unreasonably jeopardise the present or future security of a building; or (b) involve an infringement of copyright in matter contained in a document; or (c) constitute a breach of any other law. (3) The council is not permitted to charge a fee for the inspection of documents or information under this regulation but may charge a reasonable fee for providing copies of documents or information, unless the Minister sets a fee for that purpose by fee notice made for the purposes of the Act. 117—Service of notices (1) Subject to subregulation (2), and without derogating from any other regulation relating to the service of a notice or notification, or a document, which is required to be given or served on a person, or otherwise provided, under the Act or these regulations may be so given, served or provided as follows: (a) by personal service on the person or an agent of the person; or (b) by leaving it for the person at his or her usual or last known place of residence or business, or at any address for the service of notices or documents— (i) with a person apparently over the age of 16 years; or (ii) by placing it in a letter box, or in a conspicuous place; or (c) by posting it in an envelope addressed to the person at his or her usual or last known place of residence or business, or at any address for the service of notices or documents; or (d) in the case of a person who is the owner or occupier of a unit within a strata scheme under the Strata Titles Act 1988—by posting it to the person care of the strata corporation at the postal address of the strata corporation; or (e) in the case of a person who is the owner or occupier of a community lot within a community scheme under the Community Titles Act 1996—by posting it to the person care of the community corporation at the postal address of the community corporation; or (f) in the case of an incorporated body—by leaving it at its registered or principal office, or at any address for the service of notices or documents, with a person apparently over the age of 16 years, or by posting it in an envelope addressed to the body at its registered or principal office, or at any address for the service of notices or documents; or (g) by sending it by using an email address known to be used by the person (in which case the notice or document will be taken to have been given or served at the time of transmission); or (h) via the SA planning portal in cases contemplated by these regulations or provided for service under a facility established as part of the SA planning portal by the Chief Executive. (2) For the purposes of subregulation (1)— (a) the person or authority which must give, serve or provide a notice or document may assume that the address of an owner or occupier of land entered in the assessment book of the council for the area in which the land is situated, or shown in the certificate of title register book for the land, is the owner's or occupier's address for the service or provision of notices or documents; and (b) if a notice or document must be given or provided to, or served on, 2 or more persons who appear to have the same place of residence or business, or who have the same address for the service of notices or documents, it will be taken that the notice or document has been provided to, or served on, each of them if 1 notice or document, addressed to all of them, is given or served in accordance with this regulation; and (c) if a notice or document must be given or provided to, or served on, 2 or more persons who are the owners or occupiers of units within the same strata scheme under the Strata Titles Act 1988, it will be taken that the notice or document has been provided to, or served on, each of them if 1 notice or document, addressed to all of them as the owners or occupiers of the relevant units, is posted to the postal address of the strata corporation; and (d) if a notice or document must be given or provided to, or served on, 2 or more persons who are the owners or occupiers of community lots within the same community scheme under the Community Titles Act 1996, it will be taken that the notice or document has been provided to, or served on, each of them if 1 notice or document, addressed to all of them as the owners or occupiers of the relevant lots, is posted to the postal address of the community corporation. 118—Prescribed rate of interest (1) For the purposes of section 141(6)(a), 142(4)(a), 155(7)(a), 213(7) and 214(13)(a) of the Act, the rate of interest is the prescribed bank rate for the financial year in which the liability to pay the interest first arises. prescribed bank rate, for a financial year, means the 1 year fixed (non comparison) rate applied by the Commonwealth Bank of Australia at the commencement of the financial year. 119—Application of Fund For the purposes of section 195(g) of the Act, a public work or public purpose that promotes or complements a policy or strategy contained in a state planning policy is authorised as a purpose for which the Planning and Development Fund may be applied. 120—Record of applications (1) A relevant authority must ensure that the following matters are recorded on the SA planning portal in respect of each application for a development authorisation under section 102 of the Act and each application for outline consent under section 120 of the Act: (a) the name and contact details of the relevant authority; (b) the name of the applicant (or of each applicant); (c) the date on which the application was lodged under section 119 of the Act; (d) the date on which the application was verified under regulation 31; (e) the date (or dates) on which the prescribed fees relating to the application were paid; (f) a description of the land which is the subject of the application; (g) a brief summary of the matters, acts or things in respect of which any consent or approval is sought; (h) details of any referral or concurrence on the application; (i) details of any other decision made on the application by another entity exercising a power under this Act that has been notified to the relevant authority in accordance with these regulations; (j) any decision on the application (including the date of the decision and any conditions that are imposed); (k) the date of the commencement of any building work, and the date of the completion of any building work, as notified under regulation 93; (l) if any decision on the application is the subject of an appeal or review, the result of the appeal or review. (4) Nothing in this regulation requires a document to be included on the SA planning portal, or otherwise made available to the public, if to do so would— (a) in the opinion of a relevant authority, or an accredited professional acting in any capacity, unreasonably jeopardise the present or future security of a building; or (b) involve an infringement of copyright in matter contained in a document; or (c) constitute a breach of any other law. 121—Documents to be provided by an accredited professional An accredited professional must ensure that he or she is able to produce to an authorised officer within a reasonable period (on request) and, in any event, within 5 business days, a copy of any of the following documents: (a) any technical details, particulars, plans, drawings, specifications or other documents or information considered by the accredited professional on an application for a development authorisation; (b) any certificates, opinions or other documents submitted to the accredited professional in connection with an application for a development authorisation; (c) any document that the accredited professional is required to provide under regulation 55; (d) any statement required under regulation 57(3). 122—Certificates of technical experts If any advice, opinion, certificate or other document must be provided or given by a person with prescribed qualifications for the purposes of the Act or these regulations, the document containing the advice or opinion, or the certificate or other document, must state— (a) the person's full name and contact details; and (b) the person's relevant qualifications. 123—Accreditation of building products For the purposes of section 237(1) of the Act, the following entities are prescribed: (a) the Minister; (b) a person or body duly authorised under the Code Mark Scheme administered by the Australian Building Codes Board. 124—General offence (1) A person who contravenes or fails to comply with these regulations is guilty of an offence. (2) A person who is guilty of an offence against these regulations for which no penalty is specifically prescribed is liable to a fine not exceeding $2 500. (3) Subregulation (1) does not render the Minister, the Commission, a council, or any other authority referred to in these regulations, or any of their staff or officers, or a person acting on their behalf, liable to prosecution for an act or omission related to the administration or operation of these regulations. 125—Declaration of commercial competitive interest (1) For the purposes of section 208(3) of the Act, a disclosure of a commercial competitive interest under that section must be in the form determined by the Minister for the purposes of this regulation (being a form published by the Minister in the Gazette). (2) The form required under subregulation (1) must be given by the person required to make the relevant disclosure— (a) to the registrar of the relevant court— (i) in the case of a person who has commenced proceedings—at the time of lodging the application or other documentation that commences the proceedings; or (ii) in the case of a person who becomes a party to the proceedings—within 10 business days after becoming a party to the proceedings; or (iii) in the case of a person who provides financial assistance to another person who commences or becomes a party to any relevant proceedings—within 10 business days after the commencement of the proceedings or the date on which the other person becomes a party to the proceedings (as the case may be); and (b) to each of the other parties to the proceedings— (i) in the case of a person who has commenced proceedings—within 10 business days after commencing the proceedings; or (ii) in the case of a person who becomes a party to the proceedings—within 10 business days after becoming a party to the proceedings; or (iii) in the case of a person who provides financial assistance to another person who commences or becomes a party to any relevant proceedings—within 10 business days after the commencement of the proceedings or the date on which the other person becomes a party to the proceedings (as the case may be). 126—Additional expiable offences For the purposes of Schedule 5 item 46 of the Act, the following expiation fees are fixed in respect of the following offences against the Act: (a) section 151(5)—$750; (b) section 152(1)—$750; (c) section 155(8)—$200; (d) section 157(5)—$225; (e) section 213(11)—$750. 127—Issue of expiation notices Authorised officers are designated persons who may give expiation notices under the Act or these regulations. 128—Limitation of time when action must be taken Pursuant to section 8(2)(b) of the Act, section 159 of the Act does not apply to any defective building work— (a) carried out before the commencement of the Development Act 1993; or (b) carried out after the commencement of the Development Act 1993 pursuant to an approval granted under another Act before the commencement of that Act; or (c) carried out after the commencement of the Development Act 1993 pursuant to an approval granted under the Building Act 1971 after the commencement of the Development Act 1993 by virtue of section 24 of the Statutes Repeal and Amendment (Development) Act 1993.