Part 9Special provisions relating to land division

Part 9—Special provisions relating to land division 75—Interpretation council means, in relation to any division of land that is not wholly within the area of a council, the Commission. Division 2—Advice from Commission 76—Advice from Commission (1) If an application relates to a proposed development that involves the division of land, the relevant authority must not, subject to subregulation (2), make a decision on the application until it has received a report from the Commission in relation to the matters under section 102(1)(c) or (d) (as relevant). (2) If a report is not received from the Commission within 20 business days from the day on which the application is lodged under regulation 29 or within such longer period as the Commission may require by notice to the relevant authority, it may presume that the Commission does not desire to make a report. (3) A notice under subregulation (2) may be given— (a) via the SA planning portal; or (b) in such other manner as the Commission may determine to be appropriate. (4) The Commission may, in relation to an application which relates to a proposed development that involves the division of land, consult with any other agency and may impose a time limit of 20 business days for a response from that agency. Division 3—Presumption in respect of division of certain buildings 77—Presumption in respect of division of certain buildings For the purposes of section 102(1)(c)(v) of the Act, if a proposed division of land relates to an existing Class 1 or 2 building under the Building Code, walls of the building exposed to a fire source feature as a result of the proposed division must comply with Section C of Volume 1 and P 2.3.1 of Volume 2, of the Building Code as in force at the time the application for consent is made (and the Commission may not issue a certificate in respect of the division under section 138 of the Act unless or until it is satisfied (in such manner as it thinks fit) that such compliance exists). Division 4—Underground mains areas 78—Underground mains areas (1) If a council considers that an area should be declared an underground mains area, the council may seek a report from the relevant electricity authority in relation to the matter. (2) The council may, after having received and considered a report from the electricity authority, declare the area to be an underground mains area. (3) If an application relates to a proposed development that involves the division of land within, or partly within, an underground mains area (even if the area is declared as such after the application is lodged with the relevant authority), a relevant authority may require, as a condition on its decision on the application, that any electricity mains be placed underground. relevant electricity authority, in relation to an area, means a person who is authorised to operate an electricity mains in the area in accordance with a licence under the Electricity Act 1996 or an exemption from the requirement to hold such a licence. Division 5—Assessment requirements—water and sewerage 79—Assessment requirements—water and sewerage (1) For the purposes of section 102(1)(c)(iii) and (1)(d)(vii) of the Act— (a) the South Australian Water Corporation (being a water industry entity under the Water Industry Act 2012) is identified in relation to all proposed divisions of land; and (b) if the water supply or sewerage services (or both) are to be provided by another water industry entity under the Water Industry Act 2012—that water industry entity is identified. (2) For the purposes of section 102(1)(c)(iii) and (1)(d)(vii) of the Act, an entity or entities identified under subregulation (1) may make and provide an assessment of their requirements in relation to the provision of water supply and sewerage services (as relevant) to land that is proposed to be divided. (3) An assessment, or the update of an assessment, may be updated from time to time. (4) An assessment, or the update of an assessment, is valid for a period of 60 business days after it is delivered to the person who proposes to divide the land. (5) The prescribed fees specified for the purposes of this regulation are payable in relation to an assessment, or the update of an assessment, by the person who proposes to divide the land. (6) The payment of a fee referred to in subregulation (5) for the original assessment of the requirements of an entity or entities in relation to the division of land must be credited against liability for a fee, charge or other amount set out in the assessment as being payable by the person who proposes to divide the land. Division 6—Prescribed requirements—general land division 80—Prescribed requirements The requirements set out in this Division are prescribed for the purposes of sections 102(1)(c)(v) and 138(1) of the Act. 81—Width of roads and thoroughfares (1) Subject to subregulations (2) and (4), the width of any proposed road within the relevant division of land must be not less than 12.4 m or more than 35 m. (2) Subject to section 38 of the Roads (Opening and Closing) Act 1991, the width of any proposed road which is likely to be used regularly or extensively by commercial vehicles must be not less than 20 m. (3) Subject to subregulation (4), the width of every proposed thoroughfare, not being a road, must be not less than 2 m. (4) The council may dispense with a width prescribed by subregulation (1) or (3) (and specify a different width) if it is of the opinion that the width so prescribed is not necessary for the safe and convenient movement of vehicles or pedestrians, or for underground services. (5) Subject to subregulation (6), the width of the road at the head of every cul‑de‑sac must be at least 25 m for a length of not less than 25 m, or such other dimensions as may be acceptable to the council. (6) The council may dispense with a requirement under subregulation (5) if it appears to the council that the cul‑de‑sac is likely to become a through road. 82—Road widening (1) Subject to subregulation (2), if an existing road abuts land which is proposed to be divided and the council considers that the road should be widened in order to provide a road of adequate width having regard to existing and future requirements of the area, the proposed division of land must make provision for that widening. (2) The abutting road referred to in subregulation (1) cannot be required to be widened— (a) if the relevant plan delineates more than 5 allotments—by more than 15 m; or (b) if the relevant plan delineates 5 allotments or less— (i) to a total width in excess of 15 m; or (ii) by an area in excess of 23 m2 from the corner allotment abutting a junction of 2 or more roads shown on the relevant plan for the purpose of improving visibility; or (c) in any case—if a building suitable for occupation exists on any part of the land considered necessary for road widening purposes, if the plan makes some other provision for road widening which will accord with the objectives of this regulation. 83—Requirement as to forming of roads (1) Subject to subregulation (2), the roadway of every proposed road on a plan of division must be formed to a width specified by the council, and in a manner satisfactory to the council. (2) The council must not, when specifying a width for a roadway to be formed under subregulation (1), specify a width in excess of 7.4 m unless, in the opinion of the council, that specification is necessary in view of the volume or type of traffic that is likely to traverse that road. (3) Adequate provision must be made for the turning of vehicles at the head of a cul‑de‑sac. (4) The council may dispense with the requirements under subregulation (3) if it is of the opinion that the cul‑de‑sac is likely to become a through road. (5) Subject to subregulation (6), every footpath, water‑table, kerbing, culvert and drain of every proposed road must be formed in a manner satisfactory to the council. (6) The council may dispense with a requirement under subregulation (5). 84—Construction of roads, bridges, drains and services (1) The roadway of every proposed road within the relevant division must be constructed and where required by the council, paved and sealed with bitumen, tar or asphalt or other material approved by the council. (2) Any bridge, culvert, or underground drain or inlet which is reasonably necessary for a proposed road in accordance with recognised engineering design practice must be constructed. (3) Any footpath, water‑table, kerbing, culvert or drain of a proposed road required to be formed by the council must be constructed. (4) Any drain which is necessary in accordance with recognised engineering practice for the safe and efficient drainage of the land and for the safe and efficient disposal of stormwater and effluent from the land must be provided and constructed. (5) Electrical services must be installed in accordance with recognised engineering practice, and where relevant, in accordance with any requirement imposed under Division 4. 85—Supplementary provisions (1) The manner of forming any proposed road, footpath, water‑table, kerbing, culvert or drain required under this Division must be in conformity with a road location and grading plan signed by a licensed surveyor and approved by the council before the commencement of the work. (2) Subject to subregulation (4), all work referred to in regulations 83 and 84 must be carried out in a manner satisfactory to the council and in conformity with detailed construction plans and specifications signed by a professional engineer or, at the discretion of the council, a licensed surveyor, and approved by the council before the commencement of the work. (3) In subregulation (2)— professional engineer means a person who is— (a) a corporate member of Engineers Australia who has appropriate experience and competence in the field of civil engineering; or (b) a person who is registered on the National Professional Engineers Register administered by Engineers Australia and who has appropriate experience and competence in the field of civil engineering. (4) Before the roadway of any proposed road is sealed, the applicant must satisfy the council that all connections for water supply and sewerage services to any allotment delineated on the plan which, in the opinion of the Chief Executive of the South Australian Water Corporation and any other water industry entity identified under regulation 79(1) in relation to any such allotment are necessary and need to be laid under the surface of the proposed road, have been made.