Part 8Impact assessed development

Part 8—Impact assessed development 68—Procedural matters (section 111(2)) (1) For the purposes of section 111(2)(a) of the Act, a relevant authority must ensure that all relevant documentation (including the application and any accompanying documentation or information lodged by the proponent with the relevant authority under Part 7 Division 4 of the Act) is available to the Minister via the SA planning portal— (a) in a case where section 108(1)(b) of the Act applies—within 5 business days after being requested to do so by the Minister; or (b) in a case where section 108(1)(c) of the Act applies—within 5 business days after the notice is published on the SA planning portal. (2) A relevant authority must, at the time that documents are provided to the Minister under subregulation (1), also transmit to the Minister any prescribed fees that have been paid by the proponent (less any amount that the Minister determines should be retained by the relevant authority). 69—Level of detail—EIS (section 112(b)) For the purposes of section 112(b) of the Act, the following persons and bodies are prescribed: (a) the Environment Protection Authority; (b) if the EIS relates to a proposed development that is to be undertaken within the Murray-Darling Basin, the Minister to whom the administration of the River Murray Act 2003 is committed; (c) if the EIS relates to a proposed development that is to be undertaken within, or is likely to have a direct impact on, the Adelaide Dolphin Sanctuary, the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; (d) if the EIS relates to a proposed development that is to be undertaken within, or is likely to have a direct impact on, a marine park, the Minister to whom the administration of the Marine Parks Act 2007 is committed; (e) if the EIS relates to proposed development that is to be undertaken within the area of the council, the council for that area. 70—Level of detail—EIS (section 112(c)) For the purposes of section 112(c) of the Act, the Commission must— (a) by written notice, provide an invitation to the proponent to express any view on the level of detail required in the EIS; and (b) allow the proponent at least 20 business days to respond to that invitation in such manner as the Commission may determine. 71—EIS processes (section 113(5)) For the purposes of section 113(5) of the Act, the period of 30 business days from the date of referral of the EIS to the authority or body is prescribed. 72—Consultation (section 113(6)) In acting under section 113(6) of the Act with respect to consultation in relation to an EIS, the Minister should have regard to the principles applying under the Community Engagement Charter for public participation in planning processes (insofar as they may be appropriately adapted to an EIS process). 73—Notification of decision (1) Notification of the outcome of a decision on a proposed development under Part 7 Division 2 Subdivision 4 of the Act must be given to— (a) the council for the relevant area; and (b) the applicant for the proposed development. (2) A notification under subregulation (1) must be given by— (a) in the case of a decision under section 110 of the Act—the Commission; and (b) in any other case—the Minister. (2a) If a decision under Part 7 Division 2 Subdivision 4 of the Act relates to a development or project that involves or is for the purposes of a prescribed activity of environmental significance as defined by the Environment Protection Act 1993, the Environment Protection Authority must be given notification of the decision by— (a) in the case of a decision under section 110 of the Act—the Commission; and (b) in any other case—the Minister. (3) A notification under this regulation may be given— (a) via the SA planning portal; or (b) in such other manner as the Minister or Commission (as the case requires) may determine to be appropriate. 74—Cancellation of development authorisation (section 115(9)) For the purposes of section 115(9) of the Act, the period of 2 years from the date of the development authorisation is prescribed.