Part 4Statutory instruments

Part 4—Statutory instruments 18A—Planning and Design Code—significant trees For the purposes of section 68(1)(a)(iv) and (b)(iv) of the Act, a prescribed criterion is that the significant tree or stand of trees (as the case requires) makes a significant contribution to the urban tree canopy of the local area. 19—Incorporation of material (section 71(b)) For the purposes of section 71(b) of the Act, the following bodies are prescribed: (a) the Minister, in relation to Ministerial building standards; (ab) the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Heritage Places Act 1993; (ac) the Chief Executive; (b) Standards Australia; (c) the Commonwealth Scientific and Industrial Research Organisation; (ca) Austroads; (d) any body prescribed by these regulations for the purposes of section 122 of the Act. 19A—Building envelope plans (1) A designated authority may, on application, approve a building envelope plan if the building envelope plan is prepared in accordance with, and is consistent with the criteria set out in, a practice direction issued for the purposes of this regulation by the Commission. (2) A designated authority may, on application by a person or body that prepared a building envelope plan approved under this regulation, vary the building envelope plan (and an application for a variation of a building envelope plan will be treated as an application for approval of the building envelope plan under subregulation (1)). (3) A building envelope plan, or a variation to a building envelope plan, does not have effect for the purposes of the Planning and Design Code until the building envelope plan, or the varied building envelope plan— (a) is submitted to the Chief Executive; and (b) is published by the Chief Executive on the SA planning portal. Under section 71(b) of the Act, the Planning and Design Code may refer to or incorporate wholly or partially and with or without modification, a policy or other document published by a prescribed body. (4) The Chief Executive is not required to publish a building envelope plan, or a varied building envelope plan, on the SA planning portal if the Chief Executive considers that the building envelope plan, or the varied building envelope plan, is inconsistent with the practice direction referred to in subregulation (1). building envelope plan means a plan that is prepared for the purposes of a division of land (whether the land has been or is to be divided) within a master planned zone and that provides for matters relating to buildings to be constructed on allotments created by the division of land, including— (a) building setbacks and envelopes, building heights and floor levels; and (b) other criteria relevant to determining whether such buildings fall within a particular class of development; designated authority, in relation to a building envelope plan, means— (b) if the relevant authority for the application for development authorisation for the division of land under section 102(1)(c) or (d) of the Act (the division of land authority) relating to the building envelope plan is an assessment panel appointed by a joint planning board—the assessment manager appointed by the joint planning board; or (c) if the division of land authority relating to the building envelope plan is a regional assessment panel appointed by the Minister—the assessment manager appointed by the Chief Executive for the panel; or (d) in any other case—the assessment manager appointed by the chief executive of the council in whose area the building envelope plan is to apply; master planned zone means— (a) the Master Planned Neighbourhood Zone, Master Planned Township Zone or Master Planned Renewal Zone under the Planning and Design Code; or (b) any other zone identified by the Commission in a practice direction issued for the purposes of this regulation and published on the SA planning portal. 20—Notice of Code amendment (section 73(6)(d)) For the purposes of section 73(6)(d) of the Act, a notice must— (a) identify the piece or pieces of land in relation to which the specific impact will apply; and (b) describe the impact; and (c) indicate where and when the relevant amendment to the Planning and Design Code may be inspected; and (d) provide information about the consultation that is to occur under the Community Engagement Charter. 21—Minor or operational amendments (section 76) (1) The Environment Protection Act 1993 is prescribed for the purposes of section 76(1)(c)(i) of the Act. (2) The following documents are prescribed for the purposes of section 76(1)(d)(ii) of the Act: (a) a coastal management plan (or part of a coastal management plan) approved by the Governor under the Coast Protection Act 1972; (b) an environment protection policy (or part of an environment protection policy) under the Environment Protection Act 1993; (ba) a management plan (or part of a management plan) for a marine park under the Marine Parks Act 2007; (c) a management plan (or part of a management plan) for a park or reserve adopted under the National Parks and Wildlife Act 1972; (d) the list or amendment to the list of places entered, either on a provisional or permanent basis, in the State Heritage Register under the Heritage Places Act 1993; (e) any regulation relating to the development of land under the Electricity Act 1996; (ea) the Metropolitan Adelaide Road Widening Plan under the Metropolitan Adelaide Road Widening Plan Act 1972; (eb) a lease, licence or native title mining agreement under the Mining Act 1971; (f) a management plan (or part of a management plan) under the Fisheries Management Act 2007; (g) an aquaculture policy under the Aquaculture Act 2001; (h) a regional landscape plan, water allocation plan or landscapes or water affecting activities control policy (or a part of any such plan or policy) under the Landscape South Australia Act 2019; (i) the Adelaide Dolphin Sanctuary Management Plan (or part of that plan) adopted under the Adelaide Dolphin Sanctuary Act 2005; (j) the Register of Historic Shipwrecks kept under the Historic Shipwrecks Act 1981.